Agenda 10/26/2021 Item #16K 6 (Payment for Statutory Attorney Fees for Eminent Domain Actions)16. K.6
10/26/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize payment of statutory attorney's fees and costs pursuant
to Section 73.092, Fla. Stat. incurred by the property owner in defending Collier County's Eminent
Domain action in the total amount of $9,686.80 for the proposed taking of Parcel 1130FEE for the
Vanderbilt Beach Road Extension, Project No. 60168.
OBJECTIVE: To authorize statutory attorney's fees incurred by property owner in Eminent Domain
litigation.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 1130FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th
Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr. During the
course of litigation, the County discovered that the home included tenants and as a result the Parcel had to
be withdrawn and re -filed for the tenants to be properly noticed in the litigation. The County filed a
Notice of Voluntary Dismissal without Prejudice as to Parcel 1130FEE with the Court and subsequently
re -filed this Parcel after providing the required statutory notice to the tenants. The property owner
incurred attorneys' fees and costs in defending this Eminent Domain action and is entitled to having the
fees and costs paid pursuant to Section 73.092, Fla. Stat. The $8,058.00 attorneys' fees and $1,628.80
costs will be paid directly to the property owner's attorney, Peter Maskow, McGlinchy Stafford, PLLC,
and will not need to be deposited into the Court Registry.
The Transportation Engineering Division recommends approval of payment of the Respondent's
attorney's fees and costs in compliance with Section 73.092, Fla. Stat.
FISCAL IMPACT: Funds in the amount of $9,686.80 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168. The primary funding source for the acquisition is impact
fees. Should impact fees not be sufficient within the project, the secondary funding source will be gas
taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Section 73.092, Fla. Stat. requires attorney's fees and costs to be paid
by the Petitioner Collier County. This item is approved as to form and legality and requires a majority
vote for Board approval. - CMG
RECOMMENDATION: To approve and authorize payment of statutory attorney's fees and costs
incurred by the property owner in defending Collier County's Eminent Domain action in the total amount
of $9,686.80 for the proposed taking of Parcel 1130FEE.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
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16. K.6
10/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doe ID: 20401
Item Summary: Recommendation to approve and authorize payment of statutory attorney's fees
and costs pursuant to Section 73.092, Fla. Stat. incurred by the property owner in defending Collier
County's Eminent Domain action in the total amount of $9,686.80 for the proposed taking of Parcel
1130FEE for the Vanderbilt Beach Road Extension, Project No. 60168.
Meeting Date: 10/26/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Jessica Hayes
10/ 14/2021 3:07 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
10/14/2021 3:07 PM
Approved By:
Review:
Transportation Engineering
Robert Bosch
Additional Reviewer
Transportation Engineering
Jay Ahmad
Additional Reviewer
Growth Management Operations Support
Jessica Hayes
Growth Management Department
Trinity Scott
Additional Reviewer
Growth Management Department
Lisa Taylor
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell
County Attorney's Office
Colleen Greene
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed 10/14/2021 4:00 PM
Completed 10/15/2021 9:30 AM
Additional Reviewer Skipped
Completed 10/15/2021 9:43 AM
Completed 10/15/2021 9:59 AM
Additional Reviewer Completed
Completed 10/18/2021 9:34 AM
Completed 10/18/2021 10:36 AM
Completed 10/18/2021 3:09 PM
Completed 10/19/2021 4:02 PM
Completed 10/20/2021 10:43 AM
10/26/2021 9:00 AM
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