The Importance of a Proper Legal Description in Eminent Domain

 

http://florida.newszap.com/okeechobeenorthlake/119601-113/luna-family-continues-to-fight-sfwmd-in-court-over-land

The Luna family, represented by outstanding Florida lawyer, John W. Little, III, is challenging acquisition in which a reasonable legal description acquiring only what was needed simply had never been made.

Almost every jurisdiction contemplates that eminent domain is for needed purposes only. The underlying proposition to this is that a proper analysis of what is needed be concluded as part of a legal description preparation. Mr. Little is targeting what is being taken and what should be taken in an appropriate fashion; a challenge to the right to take.

When he was queried by attorney John W. Little III, who represents Montoya Ranch, Patrick Luna and Glendoria Sutton, Mr. Shaffer also admitted when asked that the district is taking 7 more acres than is needed.

It was also brought up that the legal description of the property had been altered in that a line was added to the legal that not only put in an access easement, but increased the acreage that would be taken in fee.

Rick Barnes, SFWMD sectional administrator for the mapping and surveying section, told Mr. Artau that he contracted with a private surveying firm—Cooner and Associates of Fort Myers—to survey the tracts to be taken. He also testified straightening the boundary lines is a common practice. And, in the case of the property in question, straightening the boundary lines didn’t change the configuration of the tracts or the acreage.

Then, under cross examination, he also admitted that the surveyor did not do a boundary survey of the property.

Mr. Wright told Judge Metzger that surveyors used “surveying techniques” instead of actually doing a survey.
 

When he was queried by attorney John W. Little III, who represents Montoya Ranch, Patrick Luna and Glendoria Sutton, Mr. Shaffer also admitted when asked that the district is taking 7 more acres than is needed.

It was also brought up that the legal description of the property had been altered in that a line was added to the legal that not only put in an access easement, but increased the acreage that would be taken in fee.

Rick Barnes, SFWMD sectional administrator for the mapping and surveying section, told Mr. Artau that he contracted with a private surveying firm—Cooner and Associates of Fort Myers—to survey the tracts to be taken. He also testified straightening the boundary lines is a common practice. And, in the case of the property in question, straightening the boundary lines didn’t change the configuration of the tracts or the acreage.

Then, under cross examination, he also admitted that the surveyor did not do a boundary survey of the property.

Mr. Wright told Judge Metzger that surveyors used “surveying techniques” instead of actually doing a survey.
 

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