TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
STATE OF FLORIDATIITF RESERVATIONS ON MURPHY DEEDS
On August 18, 1997 Senator James T. Hargrett, Chairman of the Transportation Committee, Florida Senate, held a hearing in Tampa, Florida regarding Murphy Act road right of way reservations for easement. I attended this meeting.
At this hearing a representative from the Trustees of the Internal Improvement Trust Fund, the Department of State Lands/Department of Environmental Protection (FDEP), made the following statements:
1.) Murphy Act deeds contained only a reservation for a future easement not an actual easement;
2.) That an easement would not be created or exist until a survey was done, a legal description made, and it was deeded out to some government entity who requested it for a road project.
According to these statements, until a reservation is asserted and an easement is identified by a legal description and deeded out, there is no actual existing easement. The reservation would secure the State's interest until an easement was deeded out.
On August 25, 1997 I wrote a letter to FDEP and to Gary Cochran about these statements. I was seeking clarification. He ignored my letter for a legal response from the General Counsel. I sent a follow-up request and it also was ignored.
Was the representative's statements true then and not now?
Were they not true then and now?
Please give me a legal answer to the representative's statements.
I will post here their response.
Contact:
Gary Reckart
acts0412@jmfi.org
813-238-2783
813-714-9887 (Cell)