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May 22, 2013

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Impasse: County to use eminent-domain powers to complete Springs trail
News image

PHOTO COURTESY COUNTY OF VOLUSIA
Palm trees to go — The county plans to complete a segment of the Spring to Spring Trail along this strip of land, removing the palm trees in front of Riverside Condominiums on Dirksen Drive in DeBary.

News image

IMAGE COURTESY COUNTY OF VOLUSIA

By Pat Andrews
Beacon staff writer

posted Jan 28, 2013 - 8:06:34am

A missing segment of the Spring to Spring Trail in DeBary will be completed, but the county is using eminent domain to do it.

Eminent domain is the power of government to take private property for public facilities or roads, after compensating the owner for the loss.

County Engineer Jerry Brinton briefed the County Council Jan. 24 on the trail segment along Dirksen Drive in DeBary. He called the strip of land “a critical missing link.”

The trail is complete from Gemini Springs east to State Road 415, except for the small stretch in front of Riverside Condominiums near the Interstate 4 interchange at Dirksen Drive. A commercial-condo section of the complex is vacant, Brinton said, and another contains residential condos.

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Brinton said the county tried to buy the right of way in front of the property, but the owners asked for three times the appraised value.

A private appraiser established a value of $77,900 for the 6-foot-wide strip of land between Dirksen Drive and the condo parking lot, Brinton told The Beacon. The 6 feet will be added to a 2-foot easement the county already has along the roadway. Another 5 feet of easement will be claimed temporarily, for staging during construction.

A 2-foot-high wall and handrails will be placed between the trail and the private property.

Brinton said the property owner, Riverside Condominium Association of DeBary, eventually agreed to accept two times the appraised value, but wanted “a lot of money” for palm trees that would be removed, and for other items.

“We thought this would be a straightforward purchase,” Brinton told the County Council, adding, “We’re at an impasse.”

No one representing the owner or occupants of the condos spoke during the County Council meeting.

The Beacon was unable to contact the owner for comment, either by phone — the number listed on the website was disconnected — or by email, which was returned as undeliverable.

The eminent-domain action was originally on the “consent agenda” section of the agenda for the County Council meeting. Consent-agenda items are usually approved en masse, without debate.

Vice Chair Joyce Cusack asked that the item be brought forward for discussion.

“Anytime we deal with eminent domain, I want to feel comfortable,” Cusack said, adding that she wants residents to feel comfortable too.

Council Member Pat Northey said she has received a lot of communication from people asking about the missing trail segment. The stopping and starting of the trail create a safety concern in the busy area near the interstate interchange, she said.

“This is a dangerous location,” Northey said.

The council unanimously approved moving forward under power of eminent domain. The county attorney will begin the legal process.

If the county is successful in court, County Attorney Dan Eckert said, a jury will determine the exact amount to be paid to the property owner.

Eckert said he anticipates that Riverside Condominium Association will claim the use of the property for the trail diminishes the value of the remaining property, which the county will dispute.

— pat@beacononlinenews.com

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Reader Comments

The comments posted below are posted by readers, not by The Beacon staff. These comments express the views and opinions of the authors, and not the administrators, moderators or webmaster. The comments forum is governed by these rules. Please use the report abuse link if you find offensive comments.

Milo Balzak | posted Feb 2, 2013 - 10:57:03am
@ Know Nothing; I stand by my posts 100%. Your failure to recognize the 1st Amendment of the Constitution renders your lame rubutle just that. Seems most all enjoy their freedom of speech to express their views. Thank you for re-posting my past view. It enlightens all as to your intelect, or lack there-of

Appreciate the comments of all stating their interests in this trail vs taking of private property.

The Taxpayers (AKA Slaves) at Riverside have paid their property taxes annually and those run into the Millions of Dollars. Check at the VC Appraiser's site. A matter of public record.

Now the "shoe is on the other foot". The Tax Slaves are seeking equal treatment and just compensation in this E D issue. They have a good Atty and will prevail, Brinton et al should have accepted their counter-offer if they are worth their salt.

The Taxpayers will pick up Riverside's Attys fees after all is said and done to connect the Trail which 1% of the taxpayers will utilize.

Pure logic, $200K amounts to one dollar per UVC resident, for the projected income it will hopefully bring in, I have not seen those numbers yet. CUI Bono? Who Benefits?

report abuse
Hugh Strickland | posted Jan 31, 2013 - 1:04:44pm
I read through the comments and re-read the article. I have been using the highway for years and understand the fear many cyclists, skaters, skaterboarders, walkers and runners feel when you go out on the road. The trails will let more people get the daily exercise they need. In the long run its actually health care that can be fun.

As to the police reports at the splash pad in Debary it does not open until May 1st. Having stopped by while cycling to use the toilet I didn't find any problems or for that matter people. Also, have you checked the number of cars broken into at walmarts and malls in our area, should we not have them to lessen crime?

Safety on the trail is a hard thing. People with ear plugs on and off bikes are dangerous. I use a bell but the artificially deaf can't hear me. The most dangerous person on any trail is one who is not paying attention to their surroundings. There are signs that wild life is dangerous and present. However people are my first concern.

Trails are like any road if you are going to use it you must consider what time of day it is and what day of week it is and what the activities at other places in the area are going on. I would not ride at 1am.

Lastely, I have meet people from other countries, and other places in American who are out riding on these trails. It is a great thing. Cycling is the quiet tourism we could have lots of if we catered to it like the loud forms we seem to seek out.

report abuse
No noise biker.... | posted Jan 30, 2013 - 5:42:33am
Local resident

I needed to loose weight, not having ridden a bike in years.... I tried the trail in DeLand, it went to Blue springs, I have to tell you it was great. You would not see it from the roadway. Take a walk on one and see. Volusia County trails website. The only problems I have had are the high speed racers on bikes.

Maybe, if more people got out and walked the roadway trails, crime in those areas may go down. I do carry a long stick (on the bike too).

report abuse
Local resident | posted Jan 29, 2013 - 10:41:46pm
The idea of these trails has been popular with residents, but who really benefits?

I drive past the different trails frequently and rarely see them used.

A shame to significantly change folks' property and the general landscape for something so few people actually benefit from.

I would point out that more pavement and fewer trees (you knew they would be removing trees for the trails, right?) leads to increased temperatures and less habitat for wildlife.

Now the county is committed to providing mowing, landscaping, and repaving for hundreds of miles of trails--forever.

Was this really worth raising property taxes just now on the backs of already stretched Volusia residents?

report abuse
Camaron | posted Jan 29, 2013 - 8:24:39pm
Check the sheriff report archives. Many crimes have taken place in that parking lot. Will the tail users become victims. While you're at it, check the sheriff's reports about Genimi Springs.

Car break in are frequent and the city council knows, said they would check into the problem, then promptly built 2 unbudgeted parks. One of which is a perverts paradise(aka splash pad)the other in an upscale (yea right) housing development.

Watch for that splash pad to become a haven for thugs, all they have to do is walk over from Shotz (check out # of police calls there that we never read about)

report abuse
Nothing goes my way Milo Balzak....... | posted Jan 29, 2013 - 10:36:00am
Milo Balzak all you do is *****......

You Got To Be Kidding Me | posted Nov 5, 2012 - 10:26:57am

@Milo - if you went on opening night, the admission was free. Are you expecting $2 admission after decades when you used to go? It sounds like you are like most in this country trying to find something to complain about. I feel sorry for you.

report abuse

Milo Balzak | posted Nov 5, 2012 - 9:18:40am

Enjoyed the fair years ago when admission was a couple bucks. Times have changed.

Back then the pork and beef were worth while as the were naturally raised with grass and non-GMO feed. Marie from Hopkins in Sanford would cut, wrap, label and freeze a cow purchased at the fair in a few days. Best beef I've ever had, few people today understand what "Fair Beef" is and calling Marie mid-Nov to come by and select one out back. Perhaps the kids still feed the cattle non-GMOs, I don't know.

Good luck to the kids, hopefully their educators are pointing them in the right direction to produce safe produce, poultry, and beef in VC.

report abuse
Milo Balzak | posted Jan 29, 2013 - 9:56:12am
Follow up: Where are the funds going to come from to maintain and patrol the trails for the next 1000 yrs? They can only come from one source, the Tax Slaves. I've heard no estimate as to this care and safety concern from any of the VCC members. Would it be $5,000/yr or $50,00/yr? The Tax Slaves have a right to know. In the private sector this is SOP.
report abuse
Milo Balzak | posted Jan 29, 2013 - 9:40:20am
Why does Brinton care? It's not his money. He's been given carte-blanche by the VCC.

E Domain issues are likely to be resolved to the benefit of private prperty owners and force the taxpayers to pay the atty's fees of the prop owner. The low-ball tactics of Brinney will cost the taxpayers when all is said and done.

Ask Al Newbern, former VC Bldg Inspector, VC paid his attys fees 25 yrs ago re Saxon widening Said it was a "No-Brainer" and he won. The Tax Slaves paid the price. Deja-vu all over again. Riverside will prevail, I would gladly pay to relocate the palms, put them up at the VC Administration Bldg as a reminder.

Last time I was at the 5.7 trail, I saw gangs had already de-faced signs and wondered about my safety while enjoying my taxes. Kind of eerie.

Wonder what % of VC taxpayers use the trail? 1%, 5%, ... Ask youselves Cui Bono? (Who Bebefits?) The Tax Slaves or the politicians? Will this W Vol trail become known as the Northey Nightmare? Trust me, her name will be on the sign(s) in the end.

report abuse
No noise biker.... | posted Jan 29, 2013 - 8:15:01am
Trails program history

Trail development in Volusia County has grown out of a collaborative process since the late 1990s. In November 1999, the Volusia County Council approved the first Trails Plan and the official Trails Plan map.

Since then, two countywide summits have been held to update the plan and add or delete segments. These summits attracted representatives from most cities and many interested citizens. The most recent council-approved Trails Plan shows the vision for an interconnected trail network accessible to nearly all residents and visitors of Volusia County.

One of the main goals of the summits was to link schools, parks and retail outlets through a series of interconnected paths as stand-alone trails or on-road facilities. The main backbone of the system, the Showcase Multi-use Trails, are to be developed by Volusia County while various cities will contribute the links (enhanced bicycle/pedestrian trails).

Spring-to-Spring Trail

The first trail to be developed was the Spring-to-Spring Trail in western Volusia County. This multi-use trail is being constructed as a paved, 12-foot wide, separate path within public rights-of-way. To date, nearly 15 miles have been completed and opened to passionate public support.

Rail Trail

The East Central Regional Rail Trail is being constructed along the longest abandoned rail line ever purchased in Florida. The state purchased the corridor from the Florida East Coast Railway in 2007 and turned it over to Volusia and Brevard counties for development and maintenance. When complete, the rail trail will cover 50 miles, stretching from Enterprise to Edgewater with a 10-mile leg through Brevard County to Titusville.

Volusia County opened the first first rail trail segment in February 2012. The 5.7-mile segment runs from Providence Boulevard in Enterprise to State Road 415 in Osteen.

Construction on the next phase - which will include a pedestrian bridge over State Road 415, a trailhead and 3.5 miles of additional trail - is expected to begin in summer 2012.

report abuse
No noise biker... | posted Jan 29, 2013 - 8:11:31am
""Representatives of Riverside Condominiums declared today that the presence of a nearby recreational trail will diminish property values.""

B.S.

Adding a safe walkway will only add to the value of the land. Think about it, this is not a roadway (more noise), people who would use this trail are not the BAD type. A bike trail will open the area up to families... Check out the other trail areas, young and old, on bikes, walking, jogging and enjoying the outdoors.

DR. SMITH HORROR SCHOOL SYSTEM is lowering the property values..........

report abuse
Ok Ok | posted Jan 29, 2013 - 2:43:06am
For the most part I am with old man Morton these issues. I must say that I was not a fan of spending the money on trails in the first place but they are in place and they should be completed. Sandy could not be more correct with her comments. As a rule I really am not a fan of using eminent-domain but I must say that in this case I feel it was justified. Lets move on and get the trails that have been started completed.
report abuse
BuckStripes | posted Jan 28, 2013 - 7:51:08pm
How long is this missing link? How many other gaps are there in the entire trail? (Plenty, especially around-and-north of DeLand.)How well was the full Spring-To-Spring route traversed by the county map-makers:Searching for problems to solve before they cropped up years later,aka Now...

Anybody can draw lines on paper, no planning skill required...Mediocrity rules in the VC CourtHouse,where Pat Northey is cemented in place, apparently forever...

report abuse
Sandy | posted Jan 28, 2013 - 12:18:01pm
Representatives of Riverside Condominiums declared today that the presence of a nearby recreational trail will diminish property values.

In other news, representatives of Riverside Condominiums announced that the world is flat.

report abuse
No noise biker.... | posted Jan 28, 2013 - 11:35:20am
Can't wait to ride the new segment of the Spring to Spring Trail in DeBary. Ya, I know tax payers money.... I don't have kids, but have to pay for the DR. SMITH HORROR SCHOOL SYSTEM... so give us the trail to ride, walk, run..... Thanks Volusia county tax payers (me too).
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