40B-9.142. Easements

(1) The granting of a license or easement for ingress and egress or other rights-of-way will be considered only when there exists a way of necessity as defined in Section 704.01, F.S., or it will benefit the general public.

(2) Where there is no associated clear way of necessity, the right requested must not conflict with the purposes for which the District lands were acquired. Prior to consideration, the following information must be submitted to the District:

(a) A map or aerial photograph at a scale of at least 1:24,000 showing the proposed route and, if applicable, an outline of the property to be benefited;

(b) A complete description of the route, including dimensions, and its intended use;

(c) A description of any practical alternative routes; and,

(d) A copy of the deed by which the applicant acquired title to the property to be benefited, if applicable, and any evidence of a claim of right. If a right-of-way is granted, it shall be described and conveyed in the most limited form that meets the intended purpose.

(3) Easements must be approved and executed by the Governing Board. The conveyance of any easement by the District shall require payment by the applicant of the fair market value as determined by any of the following:

(a) A real estate appraisal performed by a licensed real estate appraiser or the fee value for bare land as documented in an acquisition appraisal and adjusted by an appropriate market index for the period since the District’s acquisition; and,

(b) Payment of any reasonable administrative, survey, and legal costs.

Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.085, 373.088, 373.093, 373.099, 373.1391, 373.1401 FS. History–New 5-31-09, Amended 5-9-17.