STATE OF FLORIDA TIITF ROAD EASEMENTS
Indian River County To Steal Land
2006-2010Stating the problem:
Vero Beach, Florida--Indian River County plans to ask the Trustees of the Internal Improvement Trust Fund (TIITF), to transfer to it the ownership of Murphy Act road reservations along 66th Avenue where a four-laned road is proposed.
In 1944 when the Murphy Act deeds were issued along 66th Avenue, it was a dirt country road. There were few homes along here and at night it was a scary road to travel. It was a place of raccoons, armadillos, and rattlesnakes. As people moved into this area of Florida the road was traveled more. Indian River County maintained the old dirt road about every four or five years. No State Road maintanience truck was ever seen on this road. The State has no maintaniece records at all. The County maintained only the roadbed, later putting a layer of shell. Finally it was improved somewhat like it is now and maintained at that level of condition since.
Today, they plan to four-lane it and take a sweeping 180 feet for the project. There is a canal on the east side. The roadbed appears to be 50' wide. It appears this is the only legally dedicated right of way here, all the rest from the edge of the pavement to a person's property line owned in fee title by adjoining property owners (See Florida Statutes 95.361 (2) ). Of course this will need to be settled in court by the property owners as they one by one deal with Indian River County and the State of Florida at acquisition time. It appears the property owners along this stretch of road to the west will be greatly affected, possibly losing as much as 100-130 feet of their property. If the Murphy Act road easements are declared valid, property owners could lose the first 100 feet of their property and be paid nothing or a minuscule 5% or something like that for the underlying fee. The loss of property value here to owners will be enormous. Consider that a 21 acred tract on this road sold in 2005 for $24 million dollars. That equates to $393,400 per acre or $9.31 per square foot. One property owner owns about 1,500 feet of frontage on 66th Avenue. If the County takes 130 feet deep along her 1500 foot frontage that is 4.48 acres they will take or in value $1,762,432.00. Now if they assert the TIITF road easement the property owner will net $9.31 on a strip 30 feet wide X 1500 feet or in value $406,404.00. She will be cheated out of $1,356,028.00. She could get ZERO dollars if they take only 100 feet and claim it is the Murphy Act easement!
Other property owners face the same financial disaster. At issue here is the legality of these road reservations. Courts have in the past been lop-sided in favor of the state for the simple fact of trying to save tax dollars in road building. They have refused to interpret the language in its original intent. They are placing their own interpretations on the wording and in fact making law out of their perversions. But this is exactly what the Constitution tried to protect when the people placed in it certain eminent domain protections. The State would not take unfair advantage of a property owner.
The Courts have refused to honor the simple wording in the Minutes of the TIITF Board that led to the reservations on Murphy deeds between 1941 and 1945. They have refused to interpret the wording on the TIITF deeds correctly except in the single case of Mann v. State Road Department (Clay County 66-42; State Road Department v. Arnold Larsen) and respondent Raymond O. Mann who appealed his loss to the First District and there won. Judges have allowed themselves to be prostituted by employees and officials of the Florida Department of Environmental Protection (FDEP), who give them information that is false and misleading. Sometimes this takes place outside of courtroom doors in private. It is unfair and morally reprehensible to circumvent justice and permit this legal prostitution. I am making this bold accusation because I feel these judges are immoral men and they should know better then to allow any out-side courtroom discussions to influence their justice.
It is time for the property owners along 66th Avenue to join together in a citizen action committee and protect their financial interest. I can assure you the County will use old lies and techniques to deceive property owners. Many eminent domain lawyers will play their game. There is a simple matter here of fight or lose. There is no middle ground. Property owners who have had these Murphy Act reservations released have no problem, they will be paid. Don't expect them to have sympathy for you. But those who do have the TIITF reservation on their parcels had better awaken now or later it will be to late when machinery comes and starts running over fences and ripping up the land.
Some History:
The land on the west of 66th Avenue became tax delinquent during the 1930s. When owners did not pay these annual taxes for several years, the State of Florida via the Murphy Act took them for back taxes. The plan was, the State of Florida would take the lands and then sale them back off at public auction and put them back on the tax rolls. So, between 1939 and 1940 these lands came into the ownership of the State. The State did not quickly put these up for public auction. There came about a land-grab scheme. We are talking about approximately 7 million acres of Florida land that escheated to the State because of delinquent taxes. Across, around, and through this 7 million acres were many State Roads. Taking a look at the State Roads designated as such by the Florida Legislature in 1940, we don't find very many. In fact there were less then 600 State Roads on the State Highway System. Here is where the land-grab scheme developed. In 1939 Secretary F.C. Elliot of the State Road Department asked the TIITF Board for reservations on the Murphy Act lands in the possession of the Trustees for future state road right-of-way expansion along existing state roads. Please notice who is asking, who he represents, and which roads he is asking reservations to be reserved. Any rational mind, honest mind, would instantly say STATE ROADS then on the State Highway System. This is not hard to figure out. No one from the counties or cities of Florida ask for these reservations.
I will not pretend here to be ignorant, I am in fact a pretty smart man on these TIITF road easements. I will not ignore important connections as some judges and attorneys seem to do. Here is my point. The head of the Florida State Road Department comes to a Florida Cabinet meeting and ask for reservations along existing state roads on Murphy Act lands. Did I say "existing"? Yes, and that is what Mr. Elliot said in a written letter to the TIITF Board. O, how I would love to get my hands on that letter, but lo according to officials at the Department of State Lands, it has disappeared. Vanished! How convenient! But, at least it is preserved for the record he asked for reservations along "EXISTING" state roads then on the state highway system. Anyone who disagrees with this is simply perverted in judgment. Now, a land-grab has been set forth by the Secretary of the State Road Department. The TIITF Board approved the land-grab. This is verified in the Minutes of the Trustees dated November 28, 1939, May 1, 1940, September 17, 1940, and January 9, 1941. Here is a quote of the May 1, 1940 resolution:
"Discussion was had with reference to reservations in deeds conveying land under Chapter 18296, through which State Highways are now located.
Upon motion, it was seconded and adopted that upon resumption of sales all advertisements would contain notice that the Trustees reserved right of way through any land across which there was a designated State Highway, and that all deeds would carry a similar reservation.
The Attorney General was requested to prepare proper reservation to be included in notice and in deed."
This resolution was followed up in a Trustee meeting on September 17, 1940 with an addendum:
"Motion was made seconded and adopted that easements for right of ways across lands where a State Road now exist be granted to the State Road Department in those Counties where lists of certificates under Chapter 18296 have been furnished the Trustees."
Granted to who? To the State Road Department! Why not to counties and cities? Because the reservation clearly was for the State Road Department ONLY!
Did you read: "which there was a designated State Highway"?
Did you read: "where a State Road now exist"?
Did you read where tax certificates that qualified for these reservations had to be in the possession of the Trustees as of the date of this resolution? Now why does FDEP and the TIITF Board refuse to tell us which tax certificates were in their possession on September 17, 1940 so we will know which reservations on Murphy deeds are valid?
Did you read all this?
Of course you did. They did not say State, County, and City highway: or an existing State, County, or City highway. A rational mind would easily come to the legal conclusion the intent of Mr. Elliot and the TIITF Board was to preserve a road easement adjacent to existing State Roads along an existing DESIGNATED State Highway.
Ok, the intent is established!
Now for the land-grab.
Highway robbery using the gavel of the judge to beat citizens up:
It was just a short time between September 17, 1940 and June 31, 1941 when Governor Cone signed into law a sweeping grab of county roads, city streets, and DESIGNATED them State Roads. Now wonder why they did this? Got any idea why these roads that no State Road truck would ever pass over was DESIGNATED a State Road? Why excuse me, yes, I beg your forgiveness: I just had this idea strike me between the eyes. Now would they designate them State Roads because they wanted them on a State Road list as EXISTING so when Murphy Act lands were sold, there would be reservations encumbering 7 million acres of Florida? I think I got it! The Trustees had said repeatedly these reservations were to be on EXISTING State Roads on the Highway System. Now what do we have here? Approximately 30,000 roads, streets, boulevards, and the such were added to the State Highway system that had under 600 roads in 1940. They did this to make the Murphy Act Road reservations legal. There was no other purpose and no one from the Governors office to the Legislature, to the Florida Department of Transportation have EVER claimed there was another purpose. In fact, to determine if a road reservation is legal, they match it with the list of DESIGNATED State Roads in the 1941 legislation. Now ain't that a bit of irony? They check the 1941 legislation to see if a road is named there and this determined if it had the TIITF reservation. If these reservations were for public use on any road in the State of Florida why pass this test? It is our opinion that these reservations were legal as to legislation, but when a road was removed from the State Highway System they became extinguished and not valid. It is just that simple.
After 60 years on 66th Avenue it is now time for judges to beat up the property owners with their gavels. It is time for the lying spin doctors to come out and begin their deception of the news media and the public at large. It is time to make the land grab. Soon they will begin sending out the notices of taking and the legal procedure for the land grab will be underway.
Keep in mind that 66th Avenue was removed from the State Highway System back in the late 1970s and reverted back to the jurisdiction of Indian River County. It is my opinion when this took place the road reservations were no longer valid. But, alas, Judges have perverted the wording on the Murphy Deeds, constructing an opinion that was not understood between the Grantor and the Grantee. They changed "State Road Right of way" into PUBLIC ROAD RIGHT OF WAY! And then said counties and cities can benefit from the easement. So they ask the State to transfer their interest in the easement to them. Now, if the road easement is extinguished when these roads were removed from the State Highway System, what interest do they own to TRANSFER?
Help is just a call away:
I have some advice for the property owners along 66th Avenue.
You must hire a good attorney. I am not an attorney and not soliciting as if I am one. I have an attorney representing us here in Tampa on TIITF easement issues. Not all eminent domain attorneys are good. There are some shysters out there who will push paper, not give good representation, and will not study appraisals and fight for you. You need a fighter. One not afraid to be aggressive. One who is not a prostitute and influenced by FDEP.
Yes, this is strong language. But I am tired of the stealing, the lies, and the misleading information.
People of 66th Avenue unite, you have nothing to lose but what they are going to steal anyway if you do nothing.
Call me and I will be happy to come to your meetings and give you information. All I ask is budget money for the trip.
I promise not to preach (grin).
Pastor Reckart
813-238-7283