PLACEMENT: Departmental
TITLE:
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REQUEST APPROVAL OF SETTLEMENT, LAND EXCHANGE, AND PURCHASE AGREEMENT CONCERNING THE CASE OF BE A MAN BUY LAND, LLC V. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ET AL.; CASE NO. 2023-CA-000052
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EXECUTIVE SUMMARY:
executive summary
Staff recommends approval of a Settlement, Land Exchange, and Purchase Agreement between Be a Man Buy Land, LLC, South Florida Water Management District, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Florida Fish and Wildlife Conservation Commission and Martin County.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian Poprawski
Title: Senior Assistant County Attorney
REQUESTED BY: Sebastian Poprawski, Senior Assistant County Attorney
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On January 20, 2023, Be a Man, Buy Land, LLC (BAM) filed suit against the South Florida Water Management District (SFWMD), the Florida Fish and Wildlife Conservation Commission, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, and Martin County seeking Inverse Condemnation of its property, Injunctions, and Declaratory Judgment as to the validity of three (3) easements granting access into the Pal-Mar/Palm Beach Heights region of the County where BAM owns approximately 2,484 acres. BAM alleged vehicular access was necessary and denied by the parties into Pal-Mar/Palm Beach Heights. On July 17, 2023, the Court granted BAM's request for an injunction allowing vehicular access through the East section of Pal-Mar off Pratt Whitney Road.
After lengthy mediation, all parties reached a tentative agreement whereby BAM would swap land it owns at a ratio of 2:1 with property jointly owned by the County and SFWMD. BAM would obtain land in the North Chimney portion while the County and SFWMD would gain land in highly sensitive middle and east portions. The remaining land owned by BAM outside the North Chim...
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