SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from David H. Hollnagel, Christine M. Hollnagel, and Hollnagel Training, LLC, or their Successors in Interest, for the SW/NW 80th/70th Avenue Road Construction Project, within the Purchase Price and Other Parameters Described Herein (Budget Impact - Neutral; expenditure of $1,295,376.80)
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
Marion County is currently constructing the SW/NW 80th/70th Avenue Road Construction Project. Acquisition of certain real property interests owned by David H. Hollnagel and Christine M. Hollnagel is necessary to complete the project as designed. The Hollnagels own a parcel situated east of NW 80th Avenue. They also operate an equine business, Hollnagel Training, LLC, on the property. The approved roadway alignment necessitates the proposed acquisition of a fee simple property interest to be utilized as a drainage retention area, 4.292 acres in size, from the Hollnagel property. Following extensive negotiations and the filing of a Petition in Eminent Domain, the parties have reached an agreement on the essential terms of a negotiated settlement, which is being presented for the Court’s approval via a Stipulated Final Judgment. The County has already taken title to the property via a Stipulated Order of Taking that was entered on June 4, 2026, and so this Final Judgment provides for final payment of the constitutional measure of “full compensation” to the property owner for all interests for $1,050,900.00, including any claims for severance damages or consequential damages. The County has also agreed to pay $75,000.00 in business damages related to the Hollnagel’s loss of property that was used by their training business. In addition to that, the County will be required to pay the owner’s statutory attorney’s fees of $142,625.00 and costs of $26,851.80, for a total cost to the County of $1,295,376.80. Of note, the County has already deposited $1,050,900.00 into the registry of the Court in accordance with the Stipulated Order of Taking that was entered, and so the remaining balance of $244,476.80 will be the payment made in accordance with this Stipulated Final Judgment. Payment of these amounts is subject to the Court’s execution of a proposed Stipulated Final Judgment.
BUDGET/IMPACT:
Neutral; expenditure of $1,295,376.80, payable from account #STC073812-VJ738541-561301.
RECOMMENDED ACTION:
Recommended action
Motion to approve the proposed Stipulated Final Judgment to be finalized by the County Attorney and the County Engineer, incorporating the terms described above.
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