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County attorney says 2005 MOU was approved; deed recorded last week may be set aside if objected to
Summary
Commissioners questioned whether a 2005 MOU and a corrective deed (reciting $1 for 2 acres) required Board of County Commissioners action; County Attorney John Norris said the MOU had been approved by the planning commission and the deed could be challenged by the board but is not automatically the board's responsibility to accept.
Commissioners asked whether a 2005 memorandum of understanding and a corrective deed describing a $1 transfer of two acres required action or acceptance by the Board of County Commissioners. County Attorney John Norris said the 2005 MOU had been approved at the time by the planning commission and explained that the deed, recorded the prior week, recites nominal consideration.
Norris said the board is not required to take an acceptance action for the transfer; if the board objected, it could seek to set the deed aside. He declined to provide detailed legal advice on-camera regarding whether the planning commission had the authority in 2005 to enter into the agreement. Commissioners asked staff to locate historical density and approval dates to clarify the record.
The discussion focused on process and legal authority rather than on a final legal determination; no formal legal finding or Board action was made at the meeting.
