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AI- 5089
   .
Special / Executive Session Board of Supervisors Meeting
Meeting Date:
03/10/2020
Title:
Request for Approval to File a Lawsuit to Remove a Potential Cloud on Title to Certain County Property
Submitted By:
Britt Hanson, County Attorney
Department:
County Attorney
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
NAME
of PRESENTER:
Britt Hanson
TITLE
of PRESENTER:
Chief Civil Deputy
Mandated Function?:
Source of Mandate
or Basis for Support?:

Information

Agenda Item Text:

Discussion and Possible Action on County Attorney’s Request for Approval to File a Lawsuit, If Necessary, to Remove a Potential Cloud on Title to Certain County Property.

Background:

In 2019, the County acquired two parcels of property, each of which has a potential cloud on the title.  The same cloud on title affects over 290 parcels, according to the County's Right of Way Agent.  On behalf of the County, the County Attorney is seeking Board approval to file a lawsuit to remove that cloud.  Removing the cloud would also be beneficial to other property owners with the same cloud.

Because of the sensitive nature of the potential cloud on title, further background will be provided to Board members and the County Administrator confidentially.  If the Board approves the request, however, the matter may become public.  And of course before filing a lawsuit, the County Attorney would ask the party who has caused the cloud to remove it voluntarily.

Department's Next Steps (if approved):

Ask the person who caused the cloud on title to remove it and, if not, file a lawsuit to do so.

Impact of NOT Approving/Alternatives:

The cloud on title will remain in perpetuity.

To BOS Staff: Document Disposition/Follow-Up:

N/A