Created : December 30, 2013 at 01:11 PM
March 15, 2005
Status: Pending
Approve the proposed Stipulated Final Judgment as to Respondent Paul Anderson and to authorize Cadre Counsel Mitchell J. Burnstein, Esq. to execute the Joint Motion for Entry of the Stipulated Final Judgment as to Respondent Paul Anderson, in the case of The School Board of Broward County, Florida v. Paul Anderson, et al. (Parcel 1), Case No. 04-14451 CACE (04).
On July 6, 2004, The School Board adopted Resolution #05-02 finding it necessary to acquire nine parcels of private property through negotiated conveyance or eminent domain for construction of elementary school “G-1” to alleviate overcrowding at Hollywood Central Elementary and to accommodate the projected enrollment of new students. Acquisition of title to the parcel at issue in this eminent domain lawsuit (parcel 1) represents the final acquisition of title to all nine parcels identified in Resolution #05-02 (as to the other eight parcels: title to three parcels has been acquired through negotiated conveyance, title to four parcels has been acquired through eminent domain, and one parcel has been eliminated from the project as being unnecessary). Petitions in Eminent Domain were filed to acquire five improved residential parcels via the “quick-take” mechanism available under The School Board’s eminent domain authority. The proposed Stipulated Final Judgment represents the completion of the valuation phase (except reimbursement of reasonable experts’ fees and litigation costs) as to the first of the five parcels in active eminent domain.
Subject to approval by The School Board, the parties have agreed to settle this matter in lieu of protracted litigation. The proposed Stipulated Final Judgment as to Respondent Paul Anderson provides: (1) payment to the landowner of $408,000, which amount is approximately 14% above The School Board’s most recent appraised value, based upon an appraisal report dated February 17, 2004 (more recent appraisals of both unimproved and improved property in the area indicate that property values have increased approximately 20% to 40% during the past year, therefore the 14% increase in value as reflected in the proposed Stipulated Final Judgment represents favorable settlement); (2) payment of $1,000 to the tenant for moving expenses, which are payable under the law of eminent domain; and (3) payment to the landowner’s attorney of fees in the amount of $27,390 pursuant to §73.092, Florida Statutes.
The School Board Attorney and The School Board’s Cadre Counsel, Mitchell J. Burnstein, Esq., recommend approval of this item as a reasonable and cost effective resolution of this matter.
The financial impact is $436,390.00 (representing full compensation paid to the property owner for the parcel acquired, tenant’s moving expenses, and attorney’s fees). Reimbursement of reasonable experts’ fees and litigation costs will be determined at a later date by the Court upon motion of the property owner).
Requested Action
Approve the proposed Stipulated Final Judgment as to Respondent Paul Anderson and to authorize Cadre Counsel Mitchell J. Burnstein, Esq. to execute the Joint Motion for Entry of the Stipulated Final Judgment as to Respondent Paul Anderson, in the case of The School Board of Broward County, Florida v. Paul Anderson, et al. (Parcel 1), Case No. 04-14451 CACE (04).
Summary
On July 6, 2004, The School Board adopted Resolution #05-02 finding it necessary to acquire nine parcels of private property through negotiated conveyance or eminent domain for construction of elementary school “G-1” to alleviate overcrowding at Hollywood Central Elementary and to accommodate the projected enrollment of new students. Acquisition of title to the parcel at issue in this eminent domain lawsuit (parcel 1) represents the final acquisition of title to all nine parcels identified in Resolution #05-02 (as to the other eight parcels: title to three parcels has been acquired through negotiated conveyance, title to four parcels has been acquired through eminent domain, and one parcel has been eliminated from the project as being unnecessary). Petitions in Eminent Domain were filed to acquire five improved residential parcels via the “quick-take” mechanism available under The School Board’s eminent domain authority. The proposed Stipulated Final Judgment represents the completion of the valuation phase (except reimbursement of reasonable experts’ fees and litigation costs) as to the first of the five parcels in active eminent domain.
Subject to approval by The School Board, the parties have agreed to settle this matter in lieu of protracted litigation. The proposed Stipulated Final Judgment as to Respondent Paul Anderson provides: (1) payment to the landowner of $408,000, which amount is approximately 14% above The School Board’s most recent appraised value, based upon an appraisal report dated February 17, 2004 (more recent appraisals of both unimproved and improved property in the area indicate that property values have increased approximately 20% to 40% during the past year, therefore the 14% increase in value as reflected in the proposed Stipulated Final Judgment represents favorable settlement); (2) payment of $1,000 to the tenant for moving expenses, which are payable under the law of eminent domain; and (3) payment to the landowner’s attorney of fees in the amount of $27,390 pursuant to §73.092, Florida Statutes.
The School Board Attorney and The School Board’s Cadre Counsel, Mitchell J. Burnstein, Esq., recommend approval of this item as a reasonable and cost effective resolution of this matter.
School Board Goals
| Goal 2 - All schools will have equitable resources. |
Financial Impact
The financial impact is $436,390.00 (representing full compensation paid to the property owner for the parcel acquired, tenant’s moving expenses, and attorney’s fees). Reimbursement of reasonable experts’ fees and litigation costs will be determined at a later date by the Court upon motion of the property owner).
Source of Additional Information
Mitchell J. Burnstein, Esq. 754-321-2050 Edward J. Marko, Esq. 754-321-2050
Associated File Attachments
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Stipulated Final Judgment (Files) | |
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ExecutedARF (Files) |