Residents along Legacy Trail Easement by Railroad Tracks Frustrated by Sarasota County and Attorney Bora Kayan in property dispute.

(photo credit Bill Warner Investigations Facebook).
UPDATE: Herald Tribune Earl Kimel writes, Federal claims court ruling could impact Legacy Trail right-of way dispute. From 2 days ago Feb 1st, 2022— An opinion in a federal claims court case may pave way for Sarasota County to pay landowners in Legacy Trail right-of-way ownership dispute along CSX railroad tracks. Mark F. “Thor” Hearne II, an attorney with St. Louis-based True North Law, has taken the adversarial track in negotiations. He has contended that the federal funds only pay for the right to establish the recreational trail and Sarasota County’s claim for additional use – including forcing landowners to demolish encroaching properties that, in some cases have included septic system drainage fields – requires additional compensation. That echoes the position taken by the federal government.

(photo credit Bill Warner Investigations Facebook). 

HERALD TRIBUNE WRITES: Residents along Legacy Trail Easement Frustrated by Sarasota County and Attorney Bora Kayan in property dispute. Like their neighbors, the Dickies took care of the grass around the railroad easement because they believe half of the 100-foot-wide right of way is theirs. But after Sarasota County paid CSX Railroad $30.1 million for the right to the 6.3-mile-long railroad corridor from Ashton Road north to Payne Park, that long-held belief was challenged.

As contractors built the trail, (destroying 80 year old trees) signs warning that their belongings were encroaching on the linear park were followed by destruction of trees, fencing, sheds and – in some cases septic fields. The Dickies are among some 200 property owners currently represented by a St. Louis-based attorney who claims Sarasota County is exceeding its rights by – among other things – directly contacting his clients in an attempt to secure outright ownership of the trail right of way. He has demanded the county stop doing so and to properly compensate the homeowners. Brian Loughrey, chief deputy property appraiser for Sarasota County, said property owners adjacent to the Legacy Trail right of way have never been billed for the value of that land. “Those legal descriptions did not overlap with the Legacy Trail’s legal descriptions,” Loughrey said. 

(photo credit Bill Warner Investigations Facebook).

HERALD TRIBUNE WRITES: Deputy Sarasota County Attorney Bora Kayan, who represents the county on the right-of-way issue, declined through a spokeswoman to comment on the ongoing legal matter. In general, county officials and contractors have been quiet when dealing with attorney Thor Hearne’s clients but it was a July 9 letter from Donise E. Beehler, a senior right of way leasing agent for Sarasota County, to one of the residents demanding that shed and landscaping extended 9.9 feet onto the right-of-way be removed that got attorney Thor Hearne riled up enough to fire off a letter to Bora Kayan – reminding the attorney that the county was not supposed to have (DIRECT) contact with his clients. (I'm no attorney but it sure looks like Florida Bar Complaint time for Bora Kayan, doesn't Bora Kayan know the rules of law?). Bora Sabih Kayan is a lawyer who is able to handle cases that fall under Construction Litigation, Premises Liability, Insurance Defense, Personal Injury Protection and related legal areas. UPDATE Feb 1st 2022, Deputy Sarasota County Attorney Bora Kayan, who represents the county on the right-of-way issue, said through a county spokesman Tuesday that it does not comment on ongoing legal matters.

ABC7 WRITES: The county says it identified more than 200 encroachments along the railroad corridor through surveys, though some properties have more than one, including almost 90 within the City of Sarasota. Most of the encroachments are fences, but others include sheds, concrete surfaces, electrical boxes, satellite dishes, roads, portions of buildings, wells, portions of driveways and parking lots, as well as single instances of a fuel tank, deck, in-ground pool, paver patio and drain field. “These are all things that were all lawfully constructed. They were constructed with permits issued by Sarasota County, but now the county comes along and says because of this federal order, we’re going to demand that you remove it," said Attorney Mark Thor Hearne. However, lawyers who now represent these almost 200 homeowners say the county does not have the legal right to ask for this. “If that’s going to happen, then the federal government needs to pay for it, or if the federal government says they didn’t give Sarasota County that right, then Sarasota County is going to have to pay for it," explained attorney Thor Hearne.

SARASOTA - Letter to Bora Kayan re Unconditional Right.
September 24, 2020
VIA EMAIL: BKayan@scgov.net
Bora Kayan
Sarasota County Clerk
1660 Ringling Boulevard, 2nd Floor
Sarasota, Florida. 34236

FROM: Mark F. (Thor) Hearne, II
Founding Partner
Thor@TrueNorthLawGroup.com
Direct: 314.296.4002

RE: Grames v. Sarasota County
Dear Bora: (STOP CONTACTING MY CLIENTS DIRECTLY)

A number of the owners I represent have sent me letters and a form agreement that Sarasota County is sending. Sarasota County is soliciting these owners to send a “check-the-box” form granting Sarasota County unlimited access to their private property. The answer for every owner I represent is “no.” This includes every owner on the northern extension of the Legacy Trail and includes every owner who is a named plaintiff in those
cases pending in the United States Court of Federal Claims Cheshire Hunt, et al. v. United States, No. 18-111, and 4023 Sawyer Loop Road I, LLC, et al. v. United States, No. 19-757, every named landowner in Grames, et al. v. Sarasota County, et al., No. 20-739, pending in the United States District Court for the Middle District of Florida, and every putative class member in the Grames class action. 

(photo credit Bill Warner Investigations Facebook).

In other words, every landowner who owns property north of Culverhouse Park (in the Grames class action). The fact that Sarasota County has elected to directly contact landowners who are represented by legal counsel and solicit them to sign a legal document Sarasota County prepared without presenting this to the owners’ counsel is very troubling and raises serious ethical concerns (FLORIDA BAR COMPLAINT?). A number of these landowners are older and have been confused by the form Sarasota County is sending and soliciting these owners to sign. Even more outrageous is the fact that Sarasota County officials or agents of Sarasota County are threatening owners with fines or penalties if the owner does not sign Sarasota County’s form. For some owners Sarasota County’s demolishing of existing structures and cutting of trees located on these owners’ private property subject to the rail-trail corridor easement has caused damage to the owner’s land that is not subject to the rail-trail corridor easement.

I must admit I do (did) enjoy my bike rides on the Legacy Trail since 2009 from Sarasota to Nokomis, before I injured my knee in March 2017. It sure is a shame how Sarasota County and County attorney Bora Kayan is treating the home owners along the Legacy Trail extension into downtown Sarasota. Eminent domain, sometimes referred to as condemnation, is the government power to take private property. This power requires the government to prove that the taking is for a public purpose (e.g. building a road) and to pay fair compensation to the landowner. Once a property owner (or tenant) learns that their property will be affected by eminent domain the first step should be to hire an experienced real estate attorney. "Florida law requires the Government to pay the owner’s attorney’s fee in addition to the payment due for the value of the property". It appears to me that the residents along the Legacy Trail Easement that are being bullied by Sarasota County and Attorney Bora Kayan have a legitimate right to file a Florida Bar Complaint on Bora Kayan for contacting them directly while they are represented by legal counsel and solicit them to sign a legal document, who the hell does this guy Bora Kayan think he is?

Bill Warner Private Investigator Sarasota 941-926-1926 - Cheaters and Child Custody Cases at http://www.wbipi.com/