CODING: Words stricken are deletions; words underlined are additions.

Senate Bill 0516

Florida Senate - 1998 SB 516 By Senator Hargrett 21-444-98 1 A bill to be entitled 2 An act relating to Murphy Act lands; amending 3 s. 253.82, F.S.; providing for conveyance of 4 all Murphy Act transportation easements to the 5 governmental entity currently having title to 6 the adjacent roadway; requiring the 7 establishment of a procedure for review of 8 deeds containing Murphy Act transportation 9 reservations; setting requirements for the 10 review process; providing for compensation of 11 certain property owners when the deed has not 12 contained a statement of the reservation since 13 passage of the Marketable Record Title Act; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (6) is added to section 253.82, 19 Florida Statutes, to read: 20 253.82 Title of state or private owners to Murphy Act 21 lands.-- 22 (6)(a) All road reservations in deeds conveyed 23 pursuant to the Murphy Act prior to July 1, 1991, are conveyed 24 to the governmental entity having right and title to the road 25 to which the reservations are adjacent. All reservations 26 adjacent to a road that was designated as a state road at the 27 time of the reservation and which road is currently held by 28 the state are conveyed to the Department of Transportation. 29 All reservations adjacent to a road that was designated as a 30 state road at the time of the reservation and which is located 31 in an unincorporated area of a county or on a road owned by 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 516 21-444-98 1 the county within any incorporated area are conveyed to the 2 respective counties. All other reservations within 3 incorporated areas adjacent to a road that was designated as a 4 state road at the time of the reservation and which are not 5 otherwise conveyed to the state or the county are conveyed to 6 the incorporated area. The conveyance must include all right, 7 title, and interests in the reservation held by the Board of 8 Trustees of the Internal Improvement Trust Fund. 9 (b) Every entity holding title to Murphy Act 10 reservations must establish a procedure for review of any deed 11 containing a reservation when a review is requested or a road 12 project is anticipated. The review process must provide for: 13 1. A determination of whether the language of the deed 14 created a reservation at the time of the original conveyance; 15 2. Review of any release of the reservation provided 16 by the property owner; 17 3. The recording of a notice of the non-existence of a 18 reservation if reservation language in the deed does not 19 impact the property; 20 4. A determination of whether any or all of the 21 reservation may be released, and a form for recording the 22 release. 23 (c)1. If the deeds transferring ownership of the 24 underlying property have not contained language providing for 25 the reservation of a road right-of-way since the passage of 26 the Marketable Record Title Act, the person holding title to 27 the underlying fee is entitled to compensation for the 28 reservation or release of the reservation at the time the 29 governmental entity is acquiring other rights-of-way for a 30 transportation project where any part of the reservation will 31 be used. 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 516 21-444-98 1 2. If a person owning property qualifying for payment 2 under subparagraph 1. can show that the discovery of the 3 reservation has rendered the remaining property useless or 4 valueless or the owner has, as a result of the discovery of 5 the reservation, been unable to make beneficial use of the 6 property, the governmental entity owning the reservation must 7 consider a claim by the owner for immediate compensation or 8 release of all or part of the reservation as needed to make 9 use of the property. 10 3. The amount of compensation for a reservation 11 pursuant to subparagraph 1. or subparagraph 2. must be 12 determined by negotiation between the property owner and the 13 governmental entity. If a payment cannot be agreed upon, each 14 party must select a qualified property appraiser and the two 15 appraisers shall agree on a third. The value of the property 16 will be established by agreement of a majority of the 17 appraisers selected. The governmental entity must provide 18 compensation for the appraisers at the current market rate. 19 Section 2. This act shall take effect upon becoming a 20 law. 21 22 ***************************************** 23 SENATE SUMMARY 24 Provides for the conveyance of Murphy Act road reservations. Requires the establishment of a procedure 25 for review of deeds containing reservations. Provides criteria for the review process. Provides for 26 compensation of property owners. 27 28 29 30 31 3