Friday, December 11, 2009

Franklin County could face big liability in FLUM issue

County Commissioners have a little more to think about before they vote next week on whether to remove two future land use maps from the county’s comprehensive plan.

The commission will hold a public hearing on Tuesday to decide whether to remove the Future land use maps which delineate areas east of Carrabelle where the St. Joe Company plans to build nearly 3000 homes. The two land use maps in question, called Carrabelle East and Marine Village, were approved by the county and the state and were officially added to the county’s comprehensive plan in 2007. The St. Joe Company is obviously opposed to the move and has threatened to sue the county if it moves forward.

On Thursday, county commissioners heard from attorney Michelle Lieberman who has some experience in this type of lawsuit and Miss Lieberman said if the county moves forward with removing the Future land use maps it faces a significant risk of liability – potentially in the millions of dollars. And it’s the kind of liability that can’t be covered by insurance; instead any settlement would have to be paid by the taxpayers.

Miss Lieberman said the county would probably be safer if it leaves the future land use maps in place, and instead controls what St. Joe can build there by highly restrictive land use regulations. That way development can only occur under certain circumstances and the county can insure that the appropriate development only occurs at the appropriate time. And then the St. Joe Company can’t say that any of their development rights were taken from them and even though they could still sue, the county would likely not be on the hook for a large cash penalty.

The county also heard from other speakers that disagreed with Miss Lieberman – Andy Smith from the Apalachicola Riverkeeper said his discussions with land use attorneys say the county has the right to remove the land use maps. Alligator Point resident Ken Osborne agreed adding that there is more to consider than just the flood of homes in the area. Mister Osborne pointed out that any new development on St. James Island will compete with Alligator Point for water and for road space. St. James Island resident Don Ashlee added that the county also has to consider other costs like the loss of water access at Ochlocknee Bay if the developments become a reality.

There will be a lot more to say on the issue on Tuesday when the county commission holds its public hearing on the future land use maps. That hearing will be held on Tuesday night when the county commission meets at the Carrabelle City Complex.


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