Legislation Details

File #: 24-2001    Version: 1 Name:
Type: Financial Authorization Status: Passed
File created: 3/20/2024 In control: Commissioners Court
On agenda: 3/26/2024 Final action: 3/26/2024
Title: Request by the County Attorney for approval of a settlement in connection with Harris County Flood Control District v. Juan C. Gaytan; Cause No. 1203601; In the Civil County Court at Law No. 2; CAO File #22EMD0228.
Attachments: 1. Order HCFCD v. Juan Gaytan

Department: County Attorney

Department Head/Elected Official: Christian D. Menefee

 

Regular or Supplemental RCA: Supplemental RCA

Type of Request: Financial Authorization

 

Project ID (if applicable):  N/A

Vendor/Entity Legal Name (if applicable): N/A

 

MWDBE Contracted Goal (if applicable):  N/A

MWDBE Current Participation (if applicable):  N/A

Justification for 0% MWDBE Participation Goal:  N/A - Goal not applicable to request

 

Request Summary (Agenda Caption):

title

Request by the County Attorney for approval of a settlement in connection with Harris County Flood Control District v. Juan C. Gaytan; Cause No. 1203601; In the Civil County Court at Law No. 2; CAO File #22EMD0228.

end

 

Background and Discussion:

 

The above is an eminent domain matter involving the Harris County Project Recovery Post Disaster Relocation and Buyout Program, Tracts P118-00-00-12-015.0, P118-00-00-12-016.0 located in Precinct 2. Harris County Flood Control District acquired a fee simple interest of 4.43 acres (192,970 square feet). The Special Commissioners awarded $600,000.00, for Tract P118-00-00-12-015.0 and $310,000 for P118-00-00-12-016.0 and the Harris County Flood Control District objected to the award, and the case is currently set for trial on April 15, 2024. The Landowners demanded $910,000.00 After negotiations with the Landowner, the parties agreed that the just compensation due to the Landowner for the property acquired is $516,000.00, for Tract P118-00-00-12-015.0 and $310,000 for P118-00-00-12-016.0.  The Real Property Division & Harris County Flood Control District participated in the settlement negotiations, and this settlement is acceptable to them. An order authorizing the settlement of this lawsuit is attached for use by the Court if it decides it would be in the County's best interest to settle this claim.

 

Expected Impact: N/A

 

 

Alternative Options: N/A

 

 

Alignment with Goal(s): N/A

_ Justice and Safety

_ Economic Opportunity

_ Housing

_ Public Health

_ Transportation

_ Flooding

_ Environment

_ Governance and Customer Service

 

 

Prior Court Action (if any): N/A

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Fiscal and Personnel Summary

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Additional Budget Request (Requires Fiscal Review Request Form)

 

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Anticipated Court Date: N/A

Anticipated Implementation Date (if different from Court date):  N/A

 

Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item

 

Contact(s) name, title, department: Bridget Johnson, Executive Assistant & Agenda Coordinator, Office of the County Attorney Christian D. Menefee

 

Attachments (if applicable): Order