Resolution 1995-026
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RESOLUTION NO. 95- 26
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA DECLARING THAT A FEE SIMPLE INTEREST IN REAL PROPERTY IS THE
PREFERRED INTEREST SOUGHT FOR THE ACQUISITION OF RIGHT-OF-WAY FOR
TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS, AND SETTING FORTH THE
RATIONALE THEREFORE.
WHEREAS, the construction of transportation improvements, as
identified in the Transportation Element of the Comprehensive Plan for
Collier County, shall in many instances require the acquisition of a
right-of-way by either gift, purchase or condemnation; and
WHEREAS, the right-ot-way for transportation improvements may be
purchased or condemned either as an easement over, under, upon and across
the land; or the fee simple interest in the land itself may be purchased
or condemned; and
WHEREAS, full compensation, as required by the Constitution of the
State of Florida, for the easement rights purchased or condemned for
transportation improvements is tantamount to the full comyensation
required for the purchase or condemnation of the fee simple estate in
property (between 90% and 100% of the fair market value of the lands so
appropriated, depending upon the property's zoning and the appraiser's
jUdgment); and
WHEREAS, the purchase or condemnation of the full fee simple estate
in lands required for near term transportation improvements provides the
County with a degree of control over the right-of-way which is superior to
the control afforded by an easement only, and which, in many instances,
may produce cost savings on future public works improvement projects by
gaining the maximum flexibility over the uses permitted in the right-of-
way so acquired.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that in consideration of long range planning and
present day costs for transportation improvement projects, and in the
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lot. 1.
interest of exercising the maximum degree of control over the public road
right-of-way which may allow the County to realize substantial savings by
locating future public works projects within the acquired area, County
staff is hereby directed to purchase or condemn a transportation road
right-of-way in fee simple as the preferred method of exercising maximum
control over the right-of-way in order to construct any anticipated
capital improvement projects.
AND IT IS FURTHER RESOLVED that in those instances in which the
purchase of a full fee simple estate cannot be negotiated by County staff,
and the costs associated with a condemnation of the full fee simple estate
may outweigh the future benefits contemplated by full County ownership of
the right-of-way, and when the owner of the property is willing to convey
a perpetual, Ilexclusivell, road right-of-way easement over, under, upon and
across the property in compliance with the requirements of the transporta-
tion improvements, along with the right to construct and install
subordinate utility and drainage improvements, together with access and
temporary construction easements, County staff is directed to negotiate a
reasonable settlement for the purchase of said "exclusive" easement,
subject to Board approval, in lieu of proceeding with an action in eminent
domain against the subject property.
AND IT IS FURTHER RESOLVED that in those instances in which the
purchase of a perpetual, "exclusive", road right-of-way easement over,
under, upon or across the property cannot be negotiated by County staff,
and the costs associated with a condemnation of the perpetual, non-
exclusive road right-at-way easement may outweigh the future benefits
contemplated by the County's interest of the right-of-way, and when the
owner of the property is willing to convey a perpetual, "non-exclusive",
road right-of-way easement over, under, upon and across the property in
compliance with the requirements of the transportation improvements, along
with the right to construct and install subordinate utility and drainage
improvements, together with access and temporary construction easements,
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County staff is directed to negotiate a reasonable settlement for the
purchase of said "non-exclusive" easement, subject to Board approval, in
lieu of proceeding with an action in eminent domain against the subject
property.
AND IT IS FURTHER RESOLVED that, notwithstanding the future benefits
to be derived by the County arising from a fee simple acquisition of the
public right-of-way, there exists those circumstances where the severance
damages to remaining lands, as a result of the taking of the fee simple
estate for the transportation project, is of such an extent as to warrant
the purchase or condemnation of a lesser estate easement interest in order
to mitigate or eliminate such damagesi and in such instances County staff
is hereby directed to undertake such analyses of future benefits VB.
current costs as are relevant to the determination as to the specific
interest in real property the County should acquire for the instant
project, and County staff may make such purchase offers, or prepare such
pleadings in eminent domain, as may be necessary to mitigate or eliminate
severance damages, and reduce total project cost.
THIS RESOLU~I9~ ADOPTED
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after motion, second and majority vote.
<.
Dated:
Approved for form and
legal SUfficiency
H,rl, j 'i\ii [,
Heidi F. Ashton
Assistant County Attorney
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