County prepares for eminent domain proceedings against property owner delaying dune project

The Army Corps of Engineers requires property owners' permission to shore up dunes that cross their land. The county has secured that permission from all but one owner in the 2.6-mile project area.


A beach renourishment project in Flagler County. File photo by Paige Wilson
A beach renourishment project in Flagler County. File photo by Paige Wilson
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The Flagler County government has secured an access easement from one of the two property owners standing in the way of a $25 million Army Corps of Engineer Beach renourishment project in Flagler Beach, and will pursue eminent domain proceedings to secure access to the final owner's property. 

The easements grant the Army Corps of Engineers the right to renourish dunes on private property along A1A, building a barrier to prevent storm surge flooding from nor'easters and hurricanes.

The easements grant the Army Corps of Engineers the right to renourish dunes on private property east of A1A, building a barrier to prevent storm surge during nor'easters and hurricanes from damaging the road and flooding the homes and businesses west of it

Because a gap in the dune would become a breach point that could undermine the entire thing, the Corps of Engineers is not willing to move forward with the project until it has the right to access all properties in the 2.6-mile-long project area. The properties are known as "remnant" properties: Nothing can legally be built on them other than a dune walkover.

The county secured about 130 easements by the winter of 2020, then faced opposition when seeking easements from the dozen or so remaining property owners. It convinced most of them to sign, narrowing the holdouts down to two.

The latest easement that the county has secured is in the 2700 block of State Road A1A, County Attorney Al Hadeed said during a Feb. 21 County Commission meeting.

The owner and his significant other hadn't requested any money, Hadeed told commissioners.

"We were just able to satisfy them as to the bonafides of the project, our objectives in the project and how it would not damage their property interests, and would protect it," Hadeed said.

Hadeed called the signing a "very important milestone."

Corps of Engineers officials in January warned the county government that the proposed renourishment project's funding could be reallocated if the easements aren't soon secured. 

Hadeed said he hopes that the county might still be able to convince the one remaining property owner to sign without going through a full eminent domain proceeding. 

"But if we're not, then we were on a track ... to proceed to file, and pursue to conclusion to the extent necessary," Hadeed said.

The county expects to receive required appraisals on the remaining property on March 1, he said, and expects to be in court around early May if an eminent domain suit becomes necessary.

 

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