Property Rights/Land Management

148. Eminent Domain

The legal basis for an eminent domain taking of private property should not be solely to increase the taxable value of the property. (OVERSIGHT)

149. Jurisdictional Wetlands

We oppose any expansion of the U.S. Army Corps of Engineers’ authority pursuant to Section 404 of the Clean Water Act (CWA) beyond that which it has historically exercised over water of the United States. We urge legislation to clarify the Corps’ responsibilities and limit its regulatory authority over isolated wetlands and navigable waters. (W/NR)

150. Land Acquisition

Land acquisition by any government entity should be limited to that necessary to accomplish the primary purpose of its land acquisition program.

In the event that state-owned land is not being used for the purpose for which it was purchased, we urge the agency to sell the surplus land in a timely fashion, returning it to the tax rolls and more efficiently utilizing funding.

When policy-makers want to preserve or set aside additional lands, a dedicated public funding source should be utilized to purchase the land. It should not be preserved by regulation. (W/NR)

151. Less-than-Fee Acquisition

We believe that any future land acquisition programs should include less-than-fee simple acquisitions such as the purchase of development rights or conservation easements or agricultural easements. In addition, state, regional and local governments should coordinate funding for acquisitions in order to leverage tax dollars and seek federal matching funds where applicable.

We support less-than-fee acquisitions as long as they are voluntary, incentive-based, allow for the continued economically viable use of the property for agriculture. We do not support public access without consent of the landowner.

We feel that state land conservation programs that focus on less-than-fee acquisitions offer the state, the conservation community and the landowner a win-win situation because:

a. limited state financial resources can be stretched further;

b. the private landowner maintains the stewardship of the property-saving tax payer dollars that would otherwise be necessary for management;

c. the land stays on the tax rolls, and;

d. economic activity continues on the property. (W/NR)

152. Private Property Rights

We strongly believe in and uphold the sanctity of private property rights upon which this country was founded. Short of constituting a public health hazard, property owners should be allowed and encouraged to use their property for their own benefit. (OVERSIGHT)

153. Public Lands Management

We request the Legislature to establish guidelines and criteria for lands purchased by governmental agencies. When applicable, agriculture should be given priority as a land management tool that would allow those lands to be available for lease and management by agriculture (e.g. grazing and silvopasture or forestry entities). Lands acquired for a specific purpose but not used for that purpose should be made available to the prior owner or their heirs through the right of first refusal.

We ask the governing bodies to provide that income from public lands, when legislatively approved, be utilized for management and payment in lieu of taxes. (OVERSIGHT)

154. Public Purpose Land Use

When lands acquired through eminent domain for specific public purpose are not used for that purpose within a reasonable time, the prior owners, or their heirs should have the first right of refusal.

When agricultural lands are acquired through eminent domain, agricultural producers shall be paid for land value and business damages. In addition, where private easements of railroads are no longer used, rather than being transferred to Rails to Trails or other such programs, the present adjacent land owners should be given the right of first refusal, especially in those circumstances where farms are divided by the easement. (OVERSIGHT)

155. Sovereign Lands

We support the historical ordinary high water mark and navigable waters as established when Florida received statehood. We oppose any changes to the law or state agency policy that would adversely affect private property rights. (W/NR)