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Resolution 74-14375 RESOLUTION NO. 74-14375 A RESOLUTION EXPRESSING CONCERN OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH WITH THE AWARDING OF ATTORNEY 'S FEES IN CONDEMNATION SUITS UNDER EXISTING LAW PETITIONING THE LEGISLATURE FOR APPROPRIATE LEGISLATION TO PROVIDE FOR A JURY DETERMINATION OF SUCH FEES. WHEREAS , the City Council of the City of Miami Beach has been confronted with the problem of the immediate payment of a Judgment for Seven Hundred Ten Thousand ($710 , 000) Dollars for attorney' s fees in a condemnation suit resulting in an award to the landowner of Five Million Two Hundred Sixteen Thousand Six Hundred ($5,216 , 600) Dollars, said payment for attorney' s fees being rendered by a United States District Court Judge following, and in conformity to State law, and WHEREAS , said Judge in said proceeding heard expert testimony to the effect that a reasonable attorney' s fee in said cause could be as much as One Million Two Hundred Thirty Thousand ($1, 230, 000) Dollars , and WHEREAS , the concept that just compensation to the owner in condemnation proceedings includes his reasonable attorney' s fees has been judicially construed to be a constitutional right of the property owner, and WHEREAS , however, it is the belief and conclusion of the City Council of the City of Miami Beach that a governmental agency under existing law has no adequate judicial remedy by way of ef- fective appellate review of awards for attorney' s fees, WHEREAS , under present law, attorney' s fees are deter- mined by the Court alone, and without benefit of jury, WHEREAS , for many years attorney' s fees in condemnation suits were determined by the same jury which found by verdict the just compensation to be awarded to the owner for the land taken, and, WHEREAS , appropriate legislation is required to achieve an attorney ' s fee that is fair and reasonable not only to the owner ' s attorney but also to the public treasury, NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH that the State Legislature, be and it is hereby formally petitioned to forthwith amend Section 73. 091, Florida Statutes , so as to provide that the jury, and not the Court, shall find, fix and determine a reasonable attorney' s fee, in condemnation suits , or in the alternative that the same be fixed on a graduated scale as in probate matters, or on a perdiem basis and BE IT FURTHER RESOLVED that copies of this Resolution be transmitted to the Governor of the State, the Chief Justice of the State Supreme Court, each member of the Dade County legislative delegation, and to the President of the Florida Bar, and to the Dade County League of Cities . The adoption of the foregoirgResolution was moved by Councilman Dr. Leonard Haber. PASSED and ADOPTED this 15 day of May, 1974. 0--fi\/°"(2— LC)* Attest: Mayor City Cler OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 r O to C N Ln O '} I- L) M to >-- 1 - 4) • U C U n L a-+ 4- 0 Q) • O +J O +-' J Z C (6 to Q L 4J Z Z N 4 •- - O U O t7 - C Vl I- O CP Q' U C C O J - O O Cr)"Ci •- (I) C L +J w •- c0 (6 cc VI 3 c tn (U E N 4) L 'p a 4-) c x •- o w U