Title: Letter: 1/3/1977
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00002626/00001
 Material Information
Title: Letter: 1/3/1977
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Letter: 1/3/1977, To: Jay Landers From: Joseph Cresse
General Note: Box 10, Folder 25 ( SF WMD Quarterly Meetings VOL II - 1977 ), Item 22
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002626
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


STrpartmAnt of Abminitratinn
Division of Budget Reubln O'D. As ew

Envir-n-etl31 Prra C O,

Departmentof EnvironmentalRegulation...
256Joh P e TALLAHASSEE LI. ov. J. H.EJim" Welllam
sTallahassee, Fli ICTda 3or MT OF SECRET OMIATIO
J N 6 1 9 T I ., n .

Dear Jay:
This is to summarize January 3, 1977 arrived at by us

following our conferences concerning your letters of October
Mr. and December 2,976, with regard to lands located within

the upper St,. Johns Basin, ,which have become surplus to water
management purposes there.
Department reganvironental Regulation which,the orderof taking

in eminent domain has been vacated, we assume that the out-of-
court settlement, arrived t ,by the district was the most alvan-
2562 Ea st Executive Ceould secure andthere is nothing the

state can do but .accept its provisions, It is our feeling when
the m onies come in under the settFFClement,hat they should beCRET
... .. .. .-.......- .......
Dear Jay:

deposited is t sarize the conclusionsasury and that a trust fund at by should be
createdfollowing for confthe Department of Environmental Regulations to
19,eceive the money and hold it regardthe purpose of land acquisition
the upper St. Johns River Water Manavet Dcomestrict. Inplus this manner,
management purposes there.

it will be available for the acqsiion of the order of taking
in eminent domain has been vacated, we assume that the out-of-

tional land nese enteded by the disic t for i ts revised project.van-
Intageous the district could secure andof there lands referrnothing to ihe
y ou r letter of October 19, on which either fee simple title or
flowagthe moniesme in under the settcompletely acquired for the purposes
^"^ deposited in the state treasury and that a trust fund should be

created for the initial Department but whichof Environmental Regulations t
project has been revisehold which werfore acqpurpose of land acquisition through the ex-
penditure of state funds, either through the Water ResourceIn this manner,
it wll be accountvailable for by other state appropriation of the substitute adis felt
that national land needed by the district for its revised project.il the
matter can be submitted to the remainderof legislature thlands referred to in
your letter of October 19, on which either fee simple title or
flowage easements have been completely acquired for the purposes
of the initial project but which will not be needed since the
project has been revised and which were acquired through the ex-
penditure of state funds, either through the Water Resources De-
velopment account or by other state appropriations, it is felt
that additional disposals should not be undertaken until the
matter can be submitted to the Legislature this spring, at the
very least, no additional land should be disposed of unless
your department approves of the sale or disposition. It is our



*' -i


. 4

Mr. Jay Landers
January 3, 1977
Page 2 '

i '*

further suggestion that legislation be proposed requiring the
transfer of the title to such lands to the Trustees of the 3n-
ternal Improvement Trust Fund (in a manner comparable to that
provided in Section 253.03(4)- (6, F.}.. In fact, this law'
should include all lands purchased'with state fund.whehether
surplus Or presently in'use by all of the water management
districts and the act should also require the conveyance from
the water management district to the Trustees to indicate whether
the acquisition by the district was Lb"donation, by sale,'by
eminent domain, or in some other manner If the ownership'
can be vested in the state in this manner, the-continuing in-
terest of the state in these lands should automatically be
protected through the regular land administration procedures
of the Trustees. This would include the use of the lands for
other public purposes that are.consistent with the uses re-
quired by the.'istrictTand, when any of the land is no longer
required for the uses of a district, `'method of disposition
that would tike into account whether the'~and was originally
donated, purchased oriondemned' and the proper interest of th ih
original owner by reason thereof, the possibility of the use of
the land by the state or other public agency, and proper proce-
dures for the sale d'~ he land.

I11 appreciate your considering these suggestions and
letting me have your reactions so that we may work out our agreed
plan and rIqujest Mr. Kerns and fr. Colleen to work on the necessary


Joseph P. Cresse

cc: Office of the Secretary, Department of Administration
Dave Kerns' '

~ .. C.

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