House Bill 4145
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Florida House of Representatives - 1998 HB 4145
By Representatives Eggelletion and Harrington
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 reservation
12 denies all current economic use of the
13 property; providing for mediation or
14 arbitration; amending s. 712.04, F.S.;
15 providing for release of certain easements held
16 by governmental entities; providing for
17 preservation of road right of way easements;
18 amending s. 712.05, F.S.; providing for release
19 of certain easements held by governmental
20 entities; providing for preservation of road
21 right of way easements; providing an effective
22 date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Subsection (6) is added to section 253.82,
27 Florida Statutes, to read:
28 253.82 Title of state or private owners to Murphy Act
29 lands.--
30 (6)(a) All road reservations in deeds conveyed
31 pursuant to the Murphy Act prior to July 1, 1991, are hereby
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Florida House of Representatives - 1998 HB 4145
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1 vested by operation of law and without the necessity of
2 instruments of conveyance from the Board of Trustees of the
3 Internal Improvement Trust Fund, in the governmental entity
4 having right and title to the road to which the reservations
5 are adjacent. All reservations adjacent to a road that was
6 designated as a state road at the time of the reservation and
7 which road is currently held by the state are conveyed to the
8 Department of Transportation. All reservations adjacent to a
9 road that was designated as a state road at the time of the
10 reservation and which is located in an unincorporated area of
11 a county or on a road owned by the county within any
12 incorporated area are conveyed to the respective counties. All
13 other reservations within incorporated areas adjacent to a
14 road that was designated as a state road at the time of the
15 reservation and which are not otherwise conveyed to the state
16 or the county are conveyed to the incorporated area. The
17 conveyance includes all right, title, and interests in the
18 reservation held by the Board of Trustees of the Internal
19 Improvement Trust Fund.
20 (b) Every entity holding title to Murphy Act
21 reservations must establish a procedure for review of any deed
22 containing a reservation when a review is requested or a road
23 project is anticipated. The review process must provide for:
24 1. A determination of whether the language of the deed
25 created a reservation at the time of the original conveyance.
26 2. Review of any release of the reservation provided
27 by the property owner.
28 3. The recording of a notice of the non-existence of a
29 reservation if reservation language in the deed does not
30 impact the property.
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Florida House of Representatives - 1998 HB 4145
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1 4. A determination of whether any or all of the
2 reservation may be released, and a form for recording the
3 release.
4 5. A process to allow for review through mediation if
5 requested by the property owner or through binding arbitration
6 pursuant to chapter 44.
7 6. Any fee charged not to exceed the actual cost to
8 review the deed, perform an appeal and pay for any recording
9 expenses, with no fee to exceed $300.
10 (c)1. Any owner of property encumbered by a Murphy Act
11 road reservation who has been denied a release of all or part
12 of the reservation or who has received notice of a
13 governmental entity's intent to preserve the reservation under
14 section 712.05, may appeal to the entity and show that the
15 reservation denies the property owner the current economic use
16 of the property held by the owner.
17 2. Upon a determination by the governmental entity
18 that the reservation denies the property owner the current
19 economic use of the property held by the owner, the entity
20 must purchase the real property and improvements not retained
21 by the property owner in fee simple title or release all or
22 part of the reservation as necessary to allow for beneficial
23 use of the property.
24 3. Where the governmental entity and the property
25 owner are unable to agree as to the denial of the current
26 economic use of the property or the purchase price, the
27 property owner may request mediation or binding arbitration
28 pursuant to chapter 44 to resolve these issues.
29 4. Prior to the payment of any compensation, the
30 property owner must provide the governmental entity copies of
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Florida House of Representatives - 1998 HB 4145
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1 any title insurance policies and notice of any compensation
2 received from a title company related to the easement.
3 (3) The process for release of any road reservation
4 covered by this section or payment for property impacted by
5 the use of a reservation covered by this section shall be
6 solely in accordance with this section. Any action for the
7 taking of property related to road construction is separate
8 and distinct from an action pursuant to this section.
9 (4) The governmental entity shall not be liable for
10 attorney fees or costs incurred by the owner in establishing
11 the impact of the road reservation on the property.
12 Section 2. Section 712.04, Florida Statute, is amended
13 to read:
14 712.04 Interests extinguished by marketable record
15 title.--Subject to the matters stated in s. 712.03, such
16 marketable record title shall be free and clear of all
17 estates, interests, claims, or charges whatsoever, the
18 existence of which depends upon any act, title transaction,
19 event or omission that occurred prior to the effective date of
20 the root of title. All such estates, interests, claims, or
21 charges, however denominated, whether such estates, interests,
22 claims, or charges are or appear to be held or asserted by a
23 person sui juris or under a disability, whether such person is
24 within or without the state, whether such person is natural or
25 corporate, or is private or governmental, are hereby declared
26 to be null and void, except that this chapter shall not be
27 deemed to affect any right, title, or interest of the United
28 States, Florida, or any of its officers, boards, commissions,
29 or other agencies reserved in the patent or deed by which the
30 United States, Florida, or any of its agencies parted with
31 title. Provided, however, that easements for state road right
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1 of way reserved in deeds by the Trustees of the Internal
2 Improvement Trust Fund, conveying land acquired under chapter
3 18296, Laws of Florida, 1937, shall be extinguished by the
4 Marketable Record Title Act on July 1, 2001, subject to the
5 matters under section 712.03, and further subject to the right
6 of any governmental entity holding title to said reservations
7 to preserve such reservations that are necessary for future
8 transportation projects in adopted transportation plans by
9 filing notice under section 712.05, before July 1, 2001.
10 Section 3. Subsection (3) is added to section 712.05,
11 Florida Statutes, to read:
12 712.05 Effect of filing notice.--
13 (3) Any governmental entity claiming a road
14 reservation pursuant to a deed conveyed pursuant to the Murphy
15 Act prior to July 1, 1991, may preserve the reservation or any
16 portion thereof necessary for future transportation projects
17 in adopted transportation plans and protect it from
18 extinguishment by the operation of this chapter by filing for
19 record, prior to July 1, 2001, a notice, in writing, in
20 accordance with the provisions of this chapter. The notice
21 will have the effect of preserving the reservation or portion
22 thereof for a period of 10 years. If the reservation is used
23 for a road during the 10 year period the reservation is not
24 extinguished.
25 Section 4. This act shall take effect upon becoming a
26 law.
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2 HOUSE SUMMARY
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Provides for the conveyance of Murphy Act road
4 reservations. Requires the establishment of a procedure
for review of deeds containing reservations. Provides
5 criteria for the review process. Provides for
compensation of property owners. Provides for the release
6 of described easements held by governmental entities. See
bill for details.
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