Current through Reg. 50, No. 187; September 24, 2024
(1)
Upon determination of land requirements, descriptions and maps sufficient to
identify the lands to be acquired should be obtained.
(2) Ownership information shall be obtained
and reviewed in order to determine the title to the land being
acquired.
(3) The District shall
obtain at least one certified appraisal pursuant to Rule
40C-9.061, F.A.C., or written
estimate of value, as follows:
(a) For lands
where staff estimates the value to be less than $50, 000, a written estimate of
value may be prepared by staff in lieu of a certified appraisal;
(b) For any lands that are acquired with
acquisition moneys released by the Department of Environmental Protection, the
District shall obtain at least one certified appraisal.
(4) The District shall attempt to acquire
each parcel through voluntary negotiation prior to commencement of proceedings
in eminent domain.
(5) All
contracts to purchase shall be reduced to writing and shall be contingent upon
approval by the Governing Board.
(6) The District shall attempt to negotiate
the acquisition of desired parcels in accordance with the following procedure:
(a) The District shall contact each owner or
authorized representative and make an offer to acquire based on the appraised
value of the property.
(b) A file
shall be maintained, which shall summarize such negotiations, including the
amount of offer made by the District, and any counter-offer made by the
property owner.
(c) In the event an
offer is accepted, the District shall:
1.
Arrange for the proper execution and recording of all necessary
documents.
2. When necessary,
prepare a resolution by the Governing Board requesting the Department of
Environmental Protection to release the necessary funds pursuant to Chapter
62-402, F.A.C.
(d) When a
negotiated settlement cannot be readily attained, and staff determines that
acquisition is necessary, staff shall prepare a memorandum, which shall
include:
1. A request for resolution to
institute eminent domain proceedings.
2. Identification of parcels by title
memorandum number.
3. Legal
interest or estate considered for acquisition.
(e) The District may accept donations of
land. In such event the provisions of this subsection shall be followed, except
that appraisals may be waived upon concurrence of both the landowner and the
District. The District shall not accept a donation unless it has received or
obtained the following:
1. A Phase I
environmental site assessment;
2.
Title insurance; and
3. A
description of the boundary that is adequate to serve the District's needs,
which may include a surveyed legal description.
(7) The District shall adhere to the
provisions of Chapter
287.055, F.S., if
applicable.
Rulemaking Authority
373.044,
373.113,
373.139 FS. Law Implemented
259.105,
287.055,
373.056,
373.086,
373.099,
373.139,
373.199
FS.
New 6-15-82, Amended 7-30-01,
6-7-04.
