"...the despotic power."

Article published Jun 29, 2004

Property buys get a wary green light
A judge OKs Murdock Village land acquisition, but voices doubts about the whole project.

By Jamie Manfuso

CHARLOTTE COUNTY -- Circuit Judge William Blackwell on Monday allowed the county to seize 105 more properties for Murdock Village, though he questioned if the redevelopment project would be a multimillion-dollar disaster.

Blackwell said he was struggling to understand how the county could plan to spend $60 million or more to acquire lots for the project, when a developer has offered to purchase the land for $26.7 million.

Yet he said it's for the county, not a judge, to decide if any financial losses would justify replacing a "blighted" subdivision with a modern community.

"I'm realizing it's not for me to say what a reasonable cost of cure is," said Blackwell.

He compared the costs of removing blight to having an unwanted mother-in-law in the house.

"Do I go to the expense of building her a new home just to get her out of mine?" asked Blackwell, who ruled from the bench after the 41/2-hour hearing.

Attorney Bill Moore, who represented a property owner fighting condemnation, argued that the county began the 1,100-acre redevelopment effort in early 2003 without a feasibility study.

"There has been no substantial evidence of a cost feasibility analysis based on common sense," he said.

At one point in the hearing, Blackwell said he had begun to think that questions of feasibility were relevant.

Robert Gill, the county's eminent domain attorney, told the judge it wasn't his place to consider those questions.

"You can't substitute your judgment for that of elected officials," he said.

This is the second time that Blackwell has ruled in the county's favor. In the first hearing, in what was seen as a precedent-setting case, he allowed the county to take about 100 properties.

About eight more cases are planned before the county hopes to own all 3,000 properties in the redevelopment area. It plans to sell the land to a developer for a mixed-use community of homes, parks, businesses and a town center.

The $26.7 million offer came from Lennar Corp., the only developer to submit a proposal. Lennar has offered to pay the county in increments over more than a decade.

County officials have said they want more money from Lennar, including a larger amount up front.

Budget Director Ann Navan, whom the property owners called to testify Monday, said the county has known for a long time that there would be a gap between what it spends to acquire land and what a developer pays the county.

Some of the difference would be covered from future tax revenues generated within the redevelopment area.

"Since the negotiations are ongoing these numbers could change," Gill told the judge. He said that if the Lennar negotiations break down, the county could solicit more proposals.

The owners of seven properties had objected to the county's taking their property through eminent domain. The remaining owners either don't agree with what the county has offered to pay them or haven't responded to the county's lawsuits.

Moore said he planned to appeal the two decisions.

Near adjournment, Blackwell said, "This is an interesting issue. The appellate courts may have a totally different view of it than I do."