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
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