Florida Regulations 18-1.004: Title
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(1) Initial Title Report. In order for the Division to obtain appraisals, a title report, including an adequate legal description of the property to be acquired sufficient to inform the Division and the appraisers of the status of ownership, encumbrances, exceptions, reservations, previous ownership history, and tax assessment history shall be obtained. If an acquiring agency has initiated the acquisition or the acquisition is for the benefit of an acquiring agency, then the title report shall be furnished to the Division by the acquiring agency.
(2) Evidence of Marketability.
(a) A title commitment shall be obtained by the Division, at the acquiring agency’s cost if an acquiring agency is involved in the acquisition, prior to the conveyance of title. The content of such evidence of marketable title shall demonstrate that title is marketable and compatible with the purposes of the acquisition.
(b) Evidence of marketable title shall be provided or waived in accordance with Section 253.025 or 259.041, F.S., as applicable.
(3) Condition of Title. The objective of negotiations for acquisition of property is to obtain all the landowner’s rights, title and interest in the property as are necessary for the planned management or conservation of the property. All exceptions, reservations, encroachments or other adverse conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined by the Division and the acquiring agency, if any, and evaluated as to possible adverse effect on the objectives of the agency in acquiring the property. All such matters potentially having an adverse effect on acquisition goals which become apparent prior to Board approval will be disclosed to the Board at the time of approval.
Rulemaking Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History-New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08, 3-2-16.
Terms Used In Florida Regulations 18-1.004
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) A title commitment shall be obtained by the Division, at the acquiring agency’s cost if an acquiring agency is involved in the acquisition, prior to the conveyance of title. The content of such evidence of marketable title shall demonstrate that title is marketable and compatible with the purposes of the acquisition.
(b) Evidence of marketable title shall be provided or waived in accordance with Section 253.025 or 259.041, F.S., as applicable.
(3) Condition of Title. The objective of negotiations for acquisition of property is to obtain all the landowner’s rights, title and interest in the property as are necessary for the planned management or conservation of the property. All exceptions, reservations, encroachments or other adverse conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined by the Division and the acquiring agency, if any, and evaluated as to possible adverse effect on the objectives of the agency in acquiring the property. All such matters potentially having an adverse effect on acquisition goals which become apparent prior to Board approval will be disclosed to the Board at the time of approval.
Rulemaking Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History-New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08, 3-2-16.