Were you kept in the loop? So far two residents are at risk
of having all or part of their residential property taken for the Old Cutler
Road Improvements. We obviously want the project to be done right, if done at
all, but what will the impact be for the homeowners facing the tacking as well
as their neighbors and other surrounding properties? So far, petitions for the
taking of all or parts of these two properties have been been filed in Court.
But it may not end there as the mayor and at least one member of the Palmetto
Bay Council have discussed taking private property for ‘pocket parks’ here in
Palmetto Bay.
First, the two cases that have been filed to date:
Miami-Dade v F Muller.01.ED
Petition.2022-008022-CA-01
Petition for Eminent Domain filed May 2, 2022. Property
located at 15190 Old Cutler Road. The petition alleges that the designated
property is needed for improvements to the intersections of Old Cutler Road,
with SW 152 Street and SW 184th Street in Palmetto Bay.
Miami-Dade v R Ryder.01.ED
Petition.2022-005523-CA-01
Petition for Eminent Domain filed March 24, 2022. Property
located at 7720 SW 183 Terrace. The petition alleges that the designated
property is needed for improvements to the intersections of Old Cutler Road,
with SW 152 Street and SW 184th Street in Palmetto Bay.
The Ryders have hired legal counsel to fight: the law of
Weiss Serota Helfman Cole & Bierman, P.L. Their
Answer and Affirmative Defenses was filed on May 2, 2022, contesting the taking,
or at least the valuation of the taking in this case.
Who is taking the
property, Miami-Dade County or Palmetto Bay? The taking of private property
was not disclosed at the Virtual Public Meeting held August 4, 2020. This has
always been a joint project; a collaboration between the Village of Palmetto Bay
and Miami-Dade County, but as a county road, the improvements on Old Cutler
Road will be coordinated and funded by Miami-Dade County. A presentation was
provided by Marlin Engineering, Inc. concerning the project during the meeting
held on August 4, 2020 by Miami-Dade County and Palmetto Bay. You may view or
download the presentation by CLICKING HERE.
This is another Joint project, much like the SW 136 St MEGA sidewalk project. The official
Village communications have always acknowledged that Palmetto Bay is
collaborating with Miami-Dade County on the Old Cutler Road Intersection
Improvements project, which involves the construction of four traffic circles
along Old Cutler Road and SW 136th Street, SW 67th Avenue, SW 152nd Street, and
SW 184th Street. The village e-news reported on April 12, 2022, that the
project is currently in the design phase and construction is anticipated to
start in late Summer.
I have background institutional knowledge on this project as I was involved in the traffic plans when serving as mayor, but the taking
of property through eminent domain was never discussed or even contemplated.
Obviously the design has changed necessitating the taking of private
residential property. When was the want for the taking decided? And why? are my
initial questions. Was this ever going to be discussed with the public is
another important question.
Also of concern: Is the entire property being taken or
merely part. And if part, how much? And where with the taste for the taking of
private property end if the taking of property is required. After all, Village
Officials have discussed taking of resident’s property, so it looks like we are
nearing the beginning of a very slippery slope.
Mayor Cunningham held a sunshine meeting she discussed the
possibility of using eminent domain powers to take private property to build
pockets parks with another member of the Village Council. Neighborhood protection anyone?
NOTE: I am compiling a folder where you can view the materials I am putting together on this matter. You can view this folder by CLICKING HERE. Note that all the materials remain available from their original sources.
