Opinion File 65-39 thru 65-41

Material Information

Opinion File 65-39 thru 65-41


Subjects / Keywords:
Minerals ( jstor )
Water rights ( jstor )
Water conservation ( jstor )
Spatial Coverage:
North America -- United States of America -- Florida


Buddy Blain's Collections - Opinion File 65-39 thru 65-41
General Note:
Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 22
Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.

Record Information

Source Institution:
Levin College of Law, University of Florida
Holding Location:
Levin College of Law, University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.


This item has the following downloads:

Full Text
TELEPHONE 224-l41 TOM ADAMS, Secretary of State
EARL FAIRCLOTH, Attorney General
) RAY E. GREEN, Comptroller
J. EDWIN LARSON, Treasurer
SOTHOMAS D. BAILEY, Superintendent of
Public Instruction
107 WEST GAINES STREET TALLAHASSEE 32304 DOYLE CONNER, Commissioner of Agriculture

December 21, 1965 CE

eabbsable Mrl faixcloth
attorneyy general
Tallabasse, florida '

ts P)rachao of ladA by state agency subject
.a za a am.. -.. .......

ear Mr. afirclothi

Does the state erd of Conservation have authority
to aske available by approval sUm of money stra th
water Irseras Develogpment account to the Southwoe t
eiorida Water Mianagemt Distric5 for the pGrohase
of land for water steuge areMrwhbn the oil, gas sad
feral rights are outstanding nd owned by third

Does the Board of Conservation have authority to
nask available by approval suna of oneay from the
Water soe s Develop lment amount to the oalthedst
Florida water mnagieent District for the purchase
of oil, ga sad mineral rights on lads to be e&-
quired by 1sa DistiLet prior to the acquiring of
fte simple title to said leadso

As to the firt question, w feel that the fee simple title
caa be aequmpix to these lak by purchase or by o m *tioa by the
southwest orida Water Management DsLtrict. We alao foel that the
Soutnhest forida water aaagmnt LDsttrit cam, is the sam trane-
actios, purehas er csadem asy outatmading gas, oil or mioeral
resoratioms. We therefore believe that i ina oan instance we have
a wiling seller who can sell the fee ample title to the southwest
florida Waftr Manag-met Distrit but is mwable to deliver outtaad-
Ing oil, gas and dimrral reservatieas owme by third parties, that
the Distriot should be able to p cmhase aaid fee simple title subj ct
to the outstanding reservations, provided the value of the land is



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S fPage tWo

diiniashed by the appIe aed value of th otetatadi rg oearvetieas.
After the .-e simple title hus bee acquired the StatrSat Ma than
obtain the gasa, 01 ao *ineral reervWatias if it 1fols that this
ia for the beat interest of the iAiterct, eithM by purease or by
condlmnatie. We feel that it the district is required to either
purchase or condm eand obtain bth f- eiimple titlo vittbot reter-
vaten either i one purchase or by aeI e-idema tten seit this would
woek a hardship and undue expoe upon the District for in oe
Iastne. we My heWe a willing seller of a fee simple title and an
smwilling eller of the oil sad miner1l roesrationt oX vie versH .
5*Who su of, course, would be true is a c d matien proeedian.

As to the second question, oramlly the Dieatzit would
acquire the oee title to lands without Oay reservations Whateeive
it it were teauble, but in N y eas of Large create Is the state
of iLorida there r outstanding oil and mineral r irseations, which
ar owned by third parties. Du~ to the fact that awLu soum of money
would be required to purchase the See title for this large acreage
this money to not readily available at this time and it may be for
the best interest that those parobOaAia thiA large aceage acquire
outstanding oi ad mineral eservatioas pxier to tohe *peseas of
fee title. The two practical reaseos or this is that it will take
coaiderably less aoney to purchase the oil and mineral lease at th
present time. for the second reason the price of tbe oil and mineral
reservations are mot likely to inarease in the coming years. te
oil, gas and mineral rights cover a mah larger ac than the oamer-
shhA of the f *imple titles.

Mt aitrioLet La negotiating th puebase o of U, gas and
mineral rights on leads that it is purchasing has beea ofeaxed the
right to purchase oil, gas sai *tneral rights on adjoiaing nads
which it exqpets to jarahal e ia the futun. If pearlose is peamitted
before acquiring the fee title, wauh eqpemms in re-negotattiag would
be avoided. r- emership odf @. gas OeW slam rights do net
co icide with the owership of tha fee stape title but usually cover
a auch larger -acrege.

Sincerely yease,

Maadolph DgaeSe

S* 5. Larkin, aseQ
J yron a. Sibboei s asq.



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