Title:
title
Approve the proposed Stipulated Order of Taking and Final Judgment in the amount of $80,210.00 between Seminole County and Hattaway Holdings, LLC, regarding Parcel 101 of the Hillview Drive Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2025-CA-001128. District3 - Constantine (Stephen Koontz, Resource Management Deputy Director) Requesting Department - Public Works
end
Division:
division
Administrative Services-Real Estate
body
Authorized By:
Shane Fischer, Real Estate Division Manager
Contact/Phone Number:
Neil Newton/407-665-5711
Background:
Seminole County previously declared the property designated as Parcel 101 necessary for the Hillview Drive Improvement Project and authorized negotiations with the fee owner, Hattaway Holdings, LLC, to acquire the property. The Owner/Respondent was named in the eminent domain case proceedings, submitted a claim for compensation, and agreed to a proposed settlement with the County, subject to Board approval, that would fully resolve their claim.
The terms of the proposed settlement are set forth in the attached Stipulated Order of Taking and Final Judgment, summarized below. Real Estate Division Manager, Shane Fischer, Assistant County Attorney Cassidy Perdue, and outside counsel for the Hillview Drive Improvement Project, Jay Small of Dinsmore & Shohl LLP, recommend approval of the proposed settlement.
The proposed settlement, if approved by the Board, would resolve all issues between the Owner of Parcel 101 and the County. The settlement provides as follows:
Compensation: Hattaway Holdings LLC, shall receive $80,210.00 in compensation globally that is inclusive of the $62,000.00 that the County previously deposited into the Court Registry that is to be disbursed to the Owner’s counsel immediately upon entry of this Stipulated Order:
Such compensation is related to the taking of Parcel 101 and includes the following 1) compensation for the land taken, 2) improvements taken, 3) cure costs, 4) all damages including severance and business damages, 5) all interest arising as a result of the County’s taking of Parcel 101 and including $12,210.00 for attorneys’ fees and costs.
Submission of Approved Settlement to the Court: The parties agree to submit to the Court the attached Stipulated Order of Taking and Final Judgment. The County agrees to issue payment to Owner’s attorneys of eighteen thousand two hundred and ten and 00/100 dollars ($18,210.00) within 30 days from the entry of the Stipulated Final Judgment, which incorporates all final settlement terms following approval of the proposed negotiated settlement by the Board of County Commissioners.
The proposed settlement provides certainty to the parties rather than the uncertainty of a jury trial and avoids incurring additional experts’ fees and costs for the Respondent/Owner, which the County would otherwise be statutorily required to pay. Additionally, the settlement allows the County to avoid paying additional attorneys’ fees for the Respondent’s attorneys if a jury were to award a higher compensation amount.
Requested Action:
Staff requests the Board approve the proposed Stipulated Order of Taking and Final Judgment in the amount of $80,210.00 between Seminole County and Hattaway Holdings, LLC regarding Parcel 101 of the Hillview Drive Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2025-CA-001128.