Marion County Commissioners Approve $1.9M Settlement for Eminent Domain Case

The Marion County Board of County Commissioners convened on September 3, 2025, to discuss several key agenda items, primarily focusing on legal fees associated with an eminent domain case and the approval of a settlement for land acquisition.

The meeting began with a discussion led by a representative regarding the statutory attorney's fees, which were reported to be $329,000 for the project. The representative explained that these fees are calculated based on a statutory formula related to the "betterment" from the original offer to the settlement amount. The fee structure includes a graduated scale, starting at 33% for the first $250,000 and decreasing to 20% for amounts exceeding $1 million. The original offer to the property owner was approximately $567,000 for a 4-acre tract, but adjustments were made as the county is acquiring a smaller parcel of less than 2 acres.

The representative noted that changes in land acquisition are common in eminent domain cases, citing a previous case where an initial offer of $65,000 resulted in a final settlement of $2 million. After negotiations, the county managed to reduce the property owner's claims significantly, arriving at a recommended settlement of around $1 million.

During the public comment period, Joseph Walker, a local resident, expressed concerns about the process, stating that the community was not adequately informed about the land acquisition and the associated costs. He criticized the lack of transparency and due process, questioning the justification for spending nearly $2 million on the land.

Following the public comments, the board moved to consider the settlement. Commissioner McLean made a motion for approval, which was seconded by Commissioner Stone. After a brief discussion, the motion passed unanimously, with all commissioners in favor.

In closing remarks, a commissioner thanked the representative for their efforts in advancing the project, emphasizing the importance of the roadway for improving traffic in Marion County. The meeting concluded with the County Administrator, Mr. Boyonez, taking the floor for further discussions.