total encumbrance of 6.4 acres. Tr. 113. As of April 2, 2004, the date of the taking, the propertywas zoned open use estate-1 and had a maximum density of five residential units per acre. JointStipulations of Fact (“Stip.”) ¶ 20; Tr. 60; DX 1 (US Ex. 000001-029). No railroad traffic hadmoved over this railroad line since March 2002. Rogers v. United States, 90 Fed. Cl. 418, 421(2009).After the STB authorized the conversion, the railroad tracks and ties were removed, therail line was graded, and the county paved an asphalt trail. The resulting trail is known as theLegacy Trail. There are benches and public restrooms at various points along the trail and trailheads that afford public access. Sarasota County estimates that between 125,000 and 150,000 people use the trail annually. Tr. 123-24. A plaintiff in Rogers v. United States, No. 07-273L,whose residence abuts the trail testified that noise, traffic, crime, and instances of trespassincreased because of the trail, and Plaintiff submitted analyses indicating that the fair marketvalue of properties adjacent to a corridor are 16-28% lower than properties off the corridor. Tr.348-55; PX 13.
McCann North is located south of Silver Oak and The Isles, upscale residentialcommunities, and north of Oscar Scherer Park, a Florida State Park. Tr. 41-42, 66-67; DX 5.
An aerial map of McCann North and its immediate surroundings is attached to this opinion asAppendix A.
There is a creek along the eastern boundary and residential development to thewest. McCann North is within the Urban Service Boundary of Sarasota County, the area in thecounty
served by utilities -- sewers, electricity, and water. Tr. 53. Sarasota County expectsgrowth to occur in the Urban Service Boundary. Tr. 54.McCann North is adjacent to the Palmer Ranch Development of Regional Impact(“DRI”), which imposes obligations on developers of large tracts concerning traffic, road use,environmental implications, and permissible uses. Tr. 543-45.
The Palmer Ranch DRI requiresdevelopers to submit habitat maintenance plans, adhere to a water management plan, employ best practices for erosion and sediment control, connect recreational areas for pedestrian and bikeaccess, and provide buffers in designated areas. See PX 7. Mr. Culverhouse, a real estatedeveloper and the owner of McCann Holdings, Ltd., a Florida limited partnership based inSarasota, testified that developments within McCann North could be added to the Palmer RanchDRI, which would allow a developer to use the existing DRI’s permits and studies. See Tr. 418-19.Sarasota County requires developments to have two points of access. Tr. 139-41. Theaccess points can be on the same road as long as they are spaced at least 1,320 feet apart. Id.Before the taking, McCann North had one preexisting point of access, Honore Avenue. Tr. 142,
McCann South, a 600-acre property also owned by Plaintiff, is directly south of McCann North. Oscar Scherer Park is south of McCann South. Tr. 39-40.
Florida law requires a large development which, “because of its character, magnitude,or location, would have a substantial effect upon the health, safety, or welfare of citizens of morethan one county,” to have guidelines and standards for development, referred to as a DRI. Fla.Stat. § 830.06(1) (2011).
Case 1:07-cv-04261-MCW Document 6 Filed 06/27/13 Page 3 of 38