SUBJECT:
Title
Request Approval of a Resolution Authorizing Acquisition of Real Property Interests by Gift, Purchase, or Eminent Domain for the SW/NW 80th/70th Avenue Road Improvement Project in Marion County, Florida
Body
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
On October 21, 2025, the Board of County Commissioners adopted Resolution No. 25-R-430 authorizing the acquisition of property interests necessary for the SW/NW 80th/70th Avenue Road Improvement Project (the phase between SR 40 and US 27). The Resolution incorrectly identified the property interest to be acquired for Project Parcel No. 39 (Parcel ID No. 21625-005-02) as a Permanent Drainage Easement. The property interest necessary for the project is a fee simple acquisition of the parcel for the construction of a drainage retention area. Accordingly, in order to proceed with the acquisition of the property by negotiation or eminent domain, the Board must adopt a corrected resolution authorizing the acquisition of the fee simple interest.
The County is seeking to acquire the property interest to construct road improvements related to the SW/NW 80th/70th Avenue Road Improvement Project, which will widen the north and south bound lanes of SW/NW 80th Avenue, relieving traffic flow on Hwy 40, Interstate-75, and other surrounding collector roads. The resolution provides for acquisition either by negotiation, based on binding offers from the County for up to 140% of the full compensation values determined by our appraiser, or eminent domain. If negotiations are unsuccessful, then the resolution authorizes proceeding with acquisition by eminent domain. Florida Statutes require the adoption of a resolution authorizing the acquisition of property by eminent domain, and this resolution will satisfy that requirement.
BUDGET/IMPACT:
Budget impact is currently indeterminate but is initially based on the County’s appraisal dated May 26, 2026. The amount for the acquisition parcel included in this resolution is $702,200.00. If litigation is required, the final value determinations will be made by either a jury trial or a mediated settlement, and the County will be responsible for statutory attorney fees and expert costs as well.
RECOMMENDED ACTION:
Recommended action
Motion to approve and authorize the Chairman and the Clerk of Court to execute the resolution.
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