§ 262-59. Duties of board of commissioners.  


Latest version.
  • Immediately after qualifying as provided in the previous section, the commissioners shall begin their duties. They may at any time call upon the attorney of the district for legal advice and information relative to their duties; and the chief engineer, or one of his assistants, shall accompany said commissioners when engaged in the discharge of their duties, and shall render his opinion in writing upon any question affecting their duties when called for by said commissioners. The said commissioners shall proceed to view the premises and determine the value of all lands within or without the district acquired and used for right-of-way, holding basins or other works set out in the plan of reclamation and improvement. They shall assess the amounts of benefits, and also the amount of damages, if any, that will accrue to each governmental lot, 40-acre tract, or other subdivision of land (according to ownership), public highways, railroads and other rights-of-way not traversed by such work and improvements, from carrying out and putting into effect the plan of reclamation and improvement theretofore adopted. The commissioners in assessing the benefits to lands, public highways, railroads and other rights-of-way not traversed by such works and improvements, as provided for in the plan of reclamation and improvement, shall not consider what benefits will be derived by such property after other ditches, improvements or other plans of reclamation shall have been constructed, but they shall assess only such benefits as will be derived from the construction of the works and improvements set out in the plan of reclamation and improvement, or as the same may afford an outlet for drainage or protection from overflow of such property. The commissioners shall give due consideration and credit to any other canal or canals, dam or dams, ditch or ditches, dike or dikes, levee or levees, or other systems of reclamation which may have already been constructed, and which afford partial or complete protection to any tract or parcel of land in the said district. The public highways, railroads and other rights-of-way shall be assessed according to the increased physical efficiency and decreased maintenance cost of roadways by reason of the protection to be derived from the proposed work and improvements. The commissioners shall have no power to change the plan of reclamation and improvement as adopted. The board of commissioners shall prepare a report of their findings which shall be arranged in tabular form. The columns of such shall be headed as follows: Column one, Owner of Property Assessed; Column two, Description of Property Assessed; Column three, Number of Acres Assessed; Column four, Amount of Benefits Assessed; Column five, Amount of Damages Assessed; Column six, Number of Acres to be Taken for Rights-of-Way, Holding Basins, etc.; Column seven, Value of Property to be Taken. The said commissioners shall also, by and with the advice of the chief engineer of the district, estimate the cost of the work set out in the plan of reclamation and improvement, which estimate shall include the cost of property required for rights-of-way, holding basins and other works, and damages, and the probable expense of organization and administration as estimated by the board of supervisors, and shall tabulate the same. Said report shall be signed by at least a majority of the commissioners and filed in the office of the clerk of the circuit court by which such commissioners were appointed. The secretary of the board of supervisors, or his deputy, shall accompany said commissioners while engaged in their duties and shall perform all clerical work for said board. He shall also, under the advice, supervision and direction of the attorney of the district, prepare their report. Said board of commissioners shall report to the board of supervisors the number of days each has been employed and the actual expense incurred. Each commissioner shall be paid $5.00 per day for his services and necessary expenses in addition thereto. In case the report of said commissioners shall contain assessments and benefits and damages to lands not included in the said district, the board of supervisors shall file in the office of the clerk of said court a petition praying that the court grant permission for the extension of the boundary lines of said district so as to embrace all lands that will be benefited as shown by the report of said commissioners. After such petition has been filed the same shall be proceeded with in accordance with the provisions of F.S. § 298.07.

(Laws of Fla. ch. 9791 (1923), § 9)