TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Discussion and Possible Action Regarding Initiating Eminent Domain for 30 Parcels Located Within the Natural Corridor Between the Little Salt Spring and Myakkahatchee Creek (Spring Haven Drive Area).
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Recommended Action
To provide direction to staff regarding the use of eminent domain to acquire 30 privately owned parcels within the natural corridor between the Little Salt Spring and the Myakkahatchee Creek (Spring Haven Drive Area).
City Commission Options
Option 1: Provide direction to staff to pursue eminent domain to acquire the 30 privately owned parcels within the natural corridor between Little Salt Spring and the Myakkahatchee Creek.
• Pros:
o Ensures long term protection of a critical ecological and cultural corridor.
o Eliminates uncertainty created by stalled negotiations and fragmented ownership.
o Prevents future incompatible development that could sever connectivity.
o Provides a clear, enforceable path to secure land needed for public benefit.
o Strengthens the City’s ability to implement adopted plans and conservation goals.
o Creates a consistent management framework across all parcels in the corridor.
o Subject to the availability of funds and project priorities, the acquisition initiative could be funded by the Environmental Protection Fund.
• Cons:
o May generate public concern or opposition from affected property owners.
o Will require significant staff time for legal coordination and case preparation.
o Legal challenges to eminent domain could extend the timeline acquisition or result in a determination that the project lacks legitimate public use or other outcome preventing acquisition.
o May set a precedent that influences expectations for future acquisitions.
Option 2: Do not provide staff direction to pursue eminent domain to acquire the 30 privately owned parcels within the natural corridor between the Little Salt Spring and the Myakkahatchee Creek.
• Pros:
o Prevents escalation of tensions with owners who oppose public acquisition.
o Reduces short term workload for staff by not initiating a complex legal process.
o Maintains flexibility if City priorities or City Commission direction shift later.
• Cons:
o Continued uncertainty around long-term protection of the corridor.
o If the City Commission chooses to initiate eminent domain in the future, acquisition costs could increase.
o Risk of irreversible impacts if owners alter, clear, or develop the land.
o Weakens regional ecological connectivity, undermining broader environmental planning goals.
Background Information
The Spring Haven corridor has long been recognized as an important environmental and connectivity link between the Little Salt Spring and the Myakkahatchee Creek. The City has previously acquired several parcels along the Myakkahatchee Creek to support this vision, including five properties previously owned by Q Smith Homes, LLC. However, 30 remaining parcels owned by SKS Investment Properties, LLC are still privately held, and the owner is not willing to pursue a voluntary sale at appraised value. The City cannot apply conservation protections to land it does not own; therefore, these parcels prevent completion of the wildlife corridor. As a result, eminent domain is the only mechanism available, should the Commission direct staff to pursue it.
Alternatively, the City Commission may choose to provide staff with direction to not pursue eminent domain, which would leave the corridor in its current condition.
The following provides a chronological order of events regarding the natural corridor adjacent to Spring Haven Drive:
Ø September 25, 2014: The Spring Haven Drive Extension Project was approved in the fiscal year (FY) 2014-2015 budget through Ordinance No. 2014-35.
Ø February 12, 2015: A memo was provided to the City Commission outlining the Spring Haven Project details, construction dates, and prior analysis.
Ø May 24, 2016: Agreement No. 2016-02 with Charlotte Engineering and Surveying, Inc. was executed to design and permit the Spring Haven Drive Extension.
Ø August 25, 2016: The first public meeting on the Spring Haven Drive Extension Project was held at the Morgan Family Community Center.
Ø October 25, 2016: Supplemental Agreement #1 was approved to modify the 2007 Environmental Resource Permit and complete additional Southwest Florida Water Management District (SWFWMD) hydraulic analysis.
Ø May 4, 2017: Friends of Little Salt Spring presented concerns regarding wildlife impacts from the proposed roadway to the City Commission at a City Commission Special Meeting.
Ø March 6, 2018: During budget discussions, the City Commission considered terminating the roadway project and reallocating funds to land acquisition along the Myakkahatchee Creek corridor.
Ø April 24, 2018: The City Commission directed the City Manager to stop all clearing in the Myakkahatchee Creek greenway, including the Spring Haven area.
Ø May 3, 2018: The City Commission terminated the Spring Haven Drive Extension Project and directed the City Manager to bring back information on acquiring undeveloped lots along Spring Haven Drive.
Ø July 24, 2018: The City Commission approved funding in the amount of $1.5 million from Surtax for the purchase of the undeveloped properties along Spring Haven Drive.
Ø September 6, 2018: the Commission provided consensus for staff to move forward in acquiring properties along Spring Haven Drive to preserve the wildlife corridor.
Ø 2016-2018: Charlotte Engineering and Surveying, Inc. completed roadway and utility design efforts. Amendment #2 expanded the scope to include SWFWMD modeling, U.S. Army Corps of Engineers (USACE) coordination, additional surveying, and identification of funding sources.
Ø On June 17, 2019: The Commission discussed Spring Haven land acquisition and impacts of the roadway cancellation.
Ø September 12, 2019: The owners of the 5 (five) parcels, Q Smith Homes, LLC entered into a Purchase Agreement with the City to sell the lots for a total purchase price of $55,000.
Ø April 14, 2020: The City of North Port formally nominated the 30 privately-owned parcels to Sarasota County’s Environmentally Sensitive Lands Protection Program (ESLPP) for potential acquisition. The nomination letter states that the parcels highlight their connectedness, open space, and adjacency to public lands.
Ø April 23, 2024: The City Commission discussed the Spring Haven wildlife corridor, funding, Capital Improvement Plan (CIP) status, construction costs, environmental sensitivity, project history, evacuation, and fencing. They unanimously withdrew the $5,945,000 Resilient SRQ funding request for the Spring Haven Drive. Extension and directed that the topic return on a future agenda for further discussion and possible action.
Ø April 1, 2026: Staff reached out to Sarasota County to evaluate acquisition progress and ESLPP eligibility. The County determined that ESLPP funds cannot be used because the property owner is requesting a price significantly higher than the appraised value, making the acquisition ineligible under County policy.
Staff will be providing a presentation on this agenda item.
Strategic Plan
Environmental Resiliency & Sustainability
Financial Impact
Survey, appraisal, and title work average approximately $2,000 per property, totaling roughly $60,000 if all parcels were acquired. Compensation for each property would be based on appraised market value, which may vary; comparable lots in the area have sold for $15,000-$30,000 over the past 18 months. Using an average of $22,500 per lot, total compensation is estimated at $675,000. All expenditures associated with this effort, a total estimated cost of $735,000, would be charged to Account 115‑2755‑537‑61‑00 under Project NR26PA assuming an appropriation is made available during the Fiscal Year 2027 budget adoption, as these costs are not expected to be incurred until after October 1, 2026. At this time, no funds are appropriated and available for use.
Financial impacts will be presented if the Commission provides direction for staff to pursue eminent domain (Option 1). Costs may include appraisal services, legal proceedings, and land acquisition expenses associated with securing the privately owned parcels. The total financial impact will depend on the outcome of statutory eminent domain procedures and final property valuations.
If the Commission declines to provide staff direction to pursue eminent domain (Option 2), there is no immediate financial impact anticipated.
Procurement
Not applicable.
Attachments:
1. Presentation
2. Property Ownership Map
3. Greenway Corridor Map
4. Greenway Corridor Bottleneck Map
5. Spring Haven Drive Land Nomination
Prepared by: Stefan Kalev, MS, Natural Resources Manager
Lori Barnes, AICP, CPM, Development Services Deputy Director
Department Director: Alaina Ray, AICP, Development Services Director