RESOLUTION NO. RS2016-346

A resolution authorizing the Metropolitan Department of Law to compromise and settle the inverse condemnation claim of Sybil Spaulding against the Metropolitan Government of Nashville and Davidson County in the amount of $265,000.00, and that said amount be paid out of Metro Water Services’ GSD Stormwater S/F FY13-B Capital Fund.

WHEREAS, on July 14, 2014, the Metro Water Services Department obtained a Right-of-Entry Agreement from Sybil Spaulding to construct a concrete channel on her property at 1000 Gale Lane as part of the “Stormwater System Improvements For Clayton Avenue” project but did not obtain an easement or pay compensation for the land being taken. Ms. Spaulding filed a lawsuit for inverse condemnation and compensation for the value of the land taken and damages to the fair market value of her property; and,

WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government. The Department of Law recommends that the inverse condemnation claims of Sybil Spaulding be compromised and settled for $265,000.00, and that this amount be paid from Metro Water Services’ GSD Stormwater S/F FY-13-B Capital Fund.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1: The Metropolitan Department of Law is authorized to compromise and settle the inverse condemnation claim of Sybil Spaulding in the amount of $265,000.00 with said amount to be paid from Metro Water Services’ Metro Water Services’ GSD Stormwater S/F FY13-B Capital Fund.

Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bill Pridemore

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	August 16, 2016
Adopted:	August 16, 2016
Approved:	August 17, 2016
By: