Title: Opinion File 73-111 thru 73-113
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003358/00001
 Material Information
Title: Opinion File 73-111 thru 73-113
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 73-111 thru 73-113
General Note: Box 14, Folder 3 ( Opinions 1972 - 1973 - 1972 - 1973 ), Item 43
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003358
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



RI a Acquisition of Title to Roads from CdoMAy t CWMD

I 1 :. reviewed your memo of April 27 and MGQ's memo of May 1
.. .'- this.

I ." not seen the actual instruments but I don't see why we
wc .I have to have in hand a resolution adopted by the Board
)T ,\ ing the conveyance. I think you will find that the Board
(' county Commissioners does not execute any instrument without
f having it on one of their many agendas to which a motion
i: r:. k, seconded, and passed authorizing the conveyance of
t b,. instrument.

S.-'t see why we would have to have a copy of that resolution
e re.zo than we would need a copy of a resolution from a
cc action before we c uld accept a conveyance from a corporate

r~ .ia has raised the question of some valid valuable consideration.
I. iiink there is valid valuable consideration in the mere fact
th.it tthe County has conveyed to the District. Such conveyance
i : ,r the public interest and for the public convenience and
I re, and for the public benefit, and necessary for carrying
he works of improvement...for the protection of property and
thl, i..nhobitants in said district against the effects of water,
eif or from its surplus or deficiency, and for assisting said
ri '.et in acquiring land for the purposes of said district
?;t cast public expense...." S 378.46(l)(a).

in other words, it is consideration enough if..it is to assist
thi' districtt in acquiring land at least public expense.

It ~rwJMD has acquired the adjoining property, or subsequently
acq uires such property, all we need have is a conveyance from
t', county, proper on its face with one exception. That exception
is that if we take possession of a road, cutting off property
uwlre then we need to be sure the road has been closed and
abandoned through statutory procedures.


-1 --

- I 73-112



IRE: Acquisition of title to roads from County to SWFWMD

Tho e points you made in your memo concerning the affidavit from
the County are fine and I am glad to know about them; however, I
do not know whether we actually paid anything to the County to
deed us that property; if not we will have to dream up some valid
val able consideration. Perhaps you had better check with Mr.
Bla n or Mr. Watson to see what we did do, so that we can clean
it up, but before we take any action, I want to see exactly what
we propose so we can do it right and not get turned down by the
Cou ty if at all possible.

Mggb 1

.* 1 7 -113

fApri.1 27, 1973

TO: Myron Gibbons

FROM: Jackie Whatley

Re: Acquisition of title to roads from County to SWFWMD

I don't see how we can get around not having a resolution
adopted'by the Board of County Commissioners approving the

Florida Statute 125.38 provides: If the State or any agency
thereof desires any property for public or community interest
that may be owned by any County, it may apply to the Board
of County Commissioners for a conveyance or lease of such
property. In this case, if the Board of County Commissioners
is satisfied that such property is required for such use and
is not needed for County purposes, it may convey the same at
private sale to the applicant for such price, whether nominal
(i I or otherwise as the Board may fix, regardless of the actual
value of such property. The fact of such application being
made, the purpose for which such property is to be used,
and the price therefore, shall be set out in a resolution
duly adopted by such Board. No advertisement shall be

The provisions in the attached Affidavit could be included
SIin the resolution adopted by the Board of County Commissioners
indicating that the roadways were not abandoned but rather
maintained for the required 60 month period. Florida Statute
255.22 and .23 provides that in the event a party owning
adjoing land conveys real property without receipt of
valuable consideration to any municipality or County for a
specific purpose or use and if such County or municipality
shall fail to use such property for such purpose for a
period of 60 consecutive months then it is conclusively deemed
to have abandoned the property for the purpose for which it
was conveyed. In that event, Florida Statute 336.12 provides
the fee of the road space would then vest in the abutting
fee owner.

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