Section 40A-1.2026 - Easements Across District Owned Lands to Privately-Owned Lands(1) The District shall only grant an easement across, under or through District-owned lands to a privately-owned parcel of land upon the affirmative vote of the Governing Board based upon the following criteria:(a) A written analysis performed by the person or entity requesting the easement demonstrating why the easement cannot be located in a manner which will avoid District-owned lands;(b) The proposed easement must be located within an existing easement, along a District-owned land boundary, or within an existing fireline or roadway; and(c) The proposed easement shall not fragment wetland or other functioning habitat.(2) The District must be compensated for the fair market value of the loss of use of the land within the proposed easement.(3) The Governing Board retains the right to deny any request for an easement across District-owned lands for any reason or no reason.(4) Rule 40A-1.2026, F.A.C. shall be reviewed by the District five (5) years after its effective date to determine whether the rule remains necessary and, if it does not remain necessary, the District shall follow the procedures for repeal of the rule as set forth in Chapter 120, Florida Statutes.Fla. Admin. Code Ann. R. 40A-1.2026
Rulemaking Authority 373.044, 373.113, 373.1391, F.S. Law Implemented 373.056, 373.085, 373.089, 373.139, 373.1391 F.S.
Adopted by Florida Register Volume 49, Number 153, August 8, 2023 effective 8/21/2023.