Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
Commission approves nearly $2 million settlement to acquire right-of-way for Southwest 40th Avenue project
Summary
The Marion County commission approved a settlement with New Ocala LLC to acquire property interests needed for a road and drainage project on Southwest 40th Avenue, authorizing staff to finalize agreements.
The Marion County Board of County Commissioners unanimously approved a settlement on Sept. 3 to acquire property interests from New Ocala LLC needed for the Southwest Fortieth and Southwest 40 Ninth Avenue road-construction project.
County Attorney Minter told the board the settlement covers a drainage retention area, fee-simple right-of-way, temporary construction easements and drainage easements. The settlement payment to the owner totals $1,600,000 for land and consequential damages, with additional attorney, appraisal, planner and engineer fees that bring the total settlement value cited in the presentation to $1,972,187. Minter asked the board to authorize the county engineer and the county attorney to finalize contractual documents that reflect those terms.
Commissioners discussed the statutory attorney-fee calculation after one commissioner questioned a high attorney-fee line item. Minter explained the attorney-fee figure followed Florida’s eminent-domain fee formula and that the fee is measured from the original offer to the final compensation amount. County Engineer Stephen Cahoon told the board the right-of-way acquisition was critical to keep the contractor working and that delaying action could have added significant time and cost; he said completing acquisitions now reduces an estimated 12-month delay and allows the Florida Department of Transportation to proceed with related bridge repairs.
The board made the settlement motion and voted to approve finalization of the documents. Motion: commissioner McLean; second: commissioner Stone. Vote: unanimous (Bridal, Zalick, Curry, McLean, Stone).
Why it matters: The acquisition secures land needed to complete a road-improvement project and limits further construction delay. County staff said prompt action reduced the county’s exposure to higher mitigation and project-delay costs.
What happens next: Staff will finalize the contractual documents incorporating the settlement terms so the contractor can proceed with the planned work. At least one additional parcel remains to be acquired in subsequent meetings, county staff said.
