HomeMy WebLinkAboutMINUTES - 11171992 - 1.114 /. IN
TO: BOARD OF SUPERVISORS st. Contra
FROM. Victor J. Westman, County Counsel
Costa
9•;a.
November 12, 1992 County
DATE: i'ciii+r
SUBJECT: Court Costs in West County Justice Center Condemnation Action
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATIONS: APPROVE Stipulation Regarding Costs and AUTHORIZE County
Auditor-Controller to pay such costs as provided in the stipulation.
II. FISCAL IMPACT: There are sufficient funds in the capital improvement account to cover the
amount of the court costs.
III. REASONS FOR RECOMMENDATION: The Eminent Domain Law provides that the
condemning agency is responsible for paying the property owner's court costs, regardless of the
outcome of the case. Staff and special counsel have negotiated with Pinole Point Properties,
Inc., which has agreed to reduce its claim from $57,856.84 to $36,856.84. Staff and special
counsel believe that the reduced amount reflects a reasonable figure for this property owner's
court costs.
IV. CONSEQUENCES OF NEGATIVE ACTION: The property owner will seek the full amount
of court costs in court, thus incurring further costs. The court could award an amount higher
than has been agreed to in the stipulation.
oe
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B RD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
J� I HEREBY CERTIFY'fHAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS 2,7/,
THE DATE SHOWN.
CC: County Auditor-Controller ATTESTED zz
l o`Z
County Administrator, Attn: D. Bell PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ('(!(�a�aDEPUTY
M382 (10/88)