§ 262-374. Water management and control plans; proceedings thereof.

The board may proceed to adopt water management and control plans as follows:

(1)

The board shall cause to be made by the chief engineer or such other engineer or engineers as the board may employ for that purpose, complete and comprehensive water management and control plans for the lands located within the district that will be improved in any part or in whole by any system of facilities that may be outlined and adopted, and shall make a report in writing to the board with maps and profiles of said surveys, and an estimate of the cost of carrying out and completing the plans.

(2)

Upon the completion of such plan, the board shall hold a hearing thereon to hear objections thereto and shall give notice of the time and place fixed for such hearing by publication once each week for two consecutive weeks in a newspaper published in Collier County of general circulation in the district, and shall permit the inspection of said plan at the office of the district by all persons interested. All objections to said plan shall be filed at or before the time fixed in said notice for the hearing and shall be in writing.

(3)

After said hearing the board shall consider the proposed plan and any objections thereto, and may modify, reject or adopt the plan, or may continue the hearing to a day certain for further consideration of the proposed plan or modifications thereof.

(4)

When the board shall approve a plan a resolution shall be adopted and a certified copy thereof shall be filed in the office of the secretary and by him incorporated into the records of the district.

(5)

The water management and control plan may be altered in detail from time to time until the appraisal record herein provided is filed, but not in such manner as materially to effect the conditions of its adoption. After the appraisal record has been filed no alterations of the plan shall be made, except as provided by this act.

(6)

Within 20 days after the final adoption of the plan by the board, the secretary of the district shall prepare and transmit a certified copy thereof to the clerk of the circuit court and at the same time the board shall file with said clerk a petition that the said court appoint three commissioners to appraise the lands to be acquired for right-of- way, holding basins, and other water management and control works of the district and to assess benefits and damages accruing to all lands within the district by reason of the execution of the plan. Immediately after the filing of such petition the judge of said court in whose division the petition shall have been assigned shall by an order appoint three commissioners, who shall reside within Florida, and who shall not be landowners in said district, nor of kin within the fourth degree of consanguinity to any person owning land in said district. A majority of said commissioners shall constitute a quorum and shall control the action of the commissioners on all questions.

(7)

Immediately upon the filing of said order of appointment, the secretary of the district shall notify each of said commissioners of his appointment, and in the said notice shall state the time and place for the first meeting of said commissioners. The secretary of the district, or his deputy, shall attend such meeting and shall furnish to said commissioners a complete list of lands embraced in the district, or adjacent thereto, that will be affected by the execution of the plan. The secretary shall also furnish to the commissioners a copy of the plan and such other papers, documents and information as the commissioners require. The commissioners at the meeting shall each take and subscribe to an oath that he will faithfully and impartially discharge his duties as such commissioner and make a true report of the work performed by such commissioners, and shall elect one of their number chairman. The secretary of the district, or his deputy, shall be ex officio secretary to the commissioners, and the attorney for the district, and other agents and employees thereof shall cooperate with the commissioners and furnish to them such advice, assistance and cooperation as they shall require.

(8)

Immediately after qualifying as provided in the previous paragraph, the commissioners shall commence the performance of their duties; 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 when called for. Said commissioner shall proceed to view the premises and determine the value of the lands within or without the district to be acquired and used for rights-of-way, holding basins, and other works described in the plan; they shall appraise all benefits and damages which will accrue to all lands by reason of the execution of the plan. The commissioners in appraising benefits to lands, public highway, railroad and other rights-of-way shall not consider what benefits will be derived by such property after other ditches, improvements, or other plans shall have been constructed, but they shall appraise only such benefits as will be derived from the construction of the works and improvements described in the plan. The commissioners shall give due consideration and credit to any other works which have already been constructed and which afford partial or complete protection to any tract or parcel of land within the district. The public highways, railroads and other rights- of-way shall be appraised according to the increased physical efficiency and decreased maintenance cost of roadways by reason of the improvements. The commissioners shall have no power to change the plan. The commissioners shall prepare a report of their findings, which shall be arranged in tabular form, the columns of which shall be headed as follows: Column 1, Owner of Property Appraised; Column 2, Description of Property Appraised; Column 3, Number of Acres Appraised; Column 4, Amount of Benefits Appraised; Column 5, Amount of Damages Appraised; Column 6, Number of Acres to be Taken for Rights of Way, Holding Basins, etc.; Column 7, Value of Property to be Taken. They shall also by and with the advice of the chief engineer, estimate the cost of the works described in the plan, which estimate shall include the cost of property required for rights-of-way, holding basins, and other works, the probable expense of organization and administration as estimated by the board of supervisors, and all of the expenses of the district during the period of executing of the plan. Before appraisals of compensation and damages are made, the board may report to the commissioners the parcels of land it may wish to purchase for which it may wish appraisals to be made, both for easement and for purchase in fee simple, and the board may specify the particular purpose and the extent to which, an easement in any property is desired, describing definitely such purpose and extent. Wherever so instructed to do by the board, the commissioners shall appraise lands which it may be necessary or desirable for the district to own and when so requested by the board they shall also appraise both the total value of the land and also the damages due to any easement required for the purposes of the district.

The report of the commissioners shall be signed by at least a majority of the commissioners and filed in the office of the clerk of the circuit court of Collier County, Florida. Each commissioner shall be paid $100.00 per day for his services and necessary expenses in addition thereto.

(9)

Upon the filing of the report of the commissioners, the clerk shall give notice thereof by causing publication to be made once a week for two consecutive weeks in a newspaper published in Collier County, and of general circulation in the district. It shall not be necessary for the clerk to name the parties interested, nor to describe separate lots or tracts of land giving said notice, but it shall be sufficient to publish the said notice in the following form:

"NOTICE OF FILING COMMISSIONERS' REPORT FOR PELICAN BAY IMPROVEMENT DISTRICT.

Notice is hereby given that the Commissioners heretofore appointed to appraise benefits and damages to property and lands located within Pelican Bay Improvement District in Collier County, the State of Florida and to appraise the cash value of the land necessary to be taken for rights of way, holding basins and other works of said district did file their report in the office of the undersigned clerk of the circuit court, upon the _____ day of _______, 19___, and you, and each of you, are hereby notified that you may examine said report and file exceptions to same on or before the _____ day of _______, 19___ (which date shall not be less than 28 days nor more than 30 days from the first date of publication).

___________
Clerk of the Circuit Court
of Collier County, Florida

The state department of natural resources, Collier County commission, the district, or any owner of land or other property to be affected by said report, may file exception to any part, or all, of the report of said commissioners within the time specified in the notice prescribed in the preceding paragraph. All exceptions shall be heard and determined by the court. If no exceptions are filed, or if it is shown, upon the hearing of all of said exceptions, that the estimated cost of construction of improvements contemplated in the plan is less than the benefits assessed against the lands in said district, the court shall approve and confirm said commissioners' report; but, if the court upon hearing the objections filed, finds that any or all such objections should be sustained, it shall order the report changed to conform with such findings, and when so changed the court shall approve and confirm such report and enter its decree accordingly. The court shall adjudge and apportion the costs incurred by the exceptions filed, and shall condemn any land or other property, that is shown by the report of the commissioners to be needed for rights-of-way, holding basins or other works, following the procedure provided in F.S. chs. 73 and 74; provided, however, that any property owner may accept the assessment of damages in his favor made by the commissioners, or acquiesce in their failure to assess damages in his favor, and shall be construed to have done so, unless he gives the supervisors of the district, on or before the time shall have expired for filing exceptions, as provided in this act, notice in writing that he demands an assessment of his damages by a jury; in which event the supervisors of the district shall institute in a court of competent jurisdiction, an action to condemn the lands and other property that be taken or damaged in the making of such improvements, with the right and privilege of paying into court a sum to be fixed by the circuit court or judge, and proceeding with the work, before the assessment by the jury; provided, any person or party interested may prosecute and appeal pursuant to general law in the manner and within the time provided by the Florida appellate rules.

The clerk of the circuit court of Collier County, shall transmit a certified copy of the court decree and copy of the commissioner's report, as confirmed or amended by the court, to the secretary of the board, and such clerk shall receive a fee of $5.00 for receiving, filing and preserving same as a permanent record.

(10)

The district shall be in compliance with F.S. ch. 373 and all general and special laws pertaining to water management. All of the plans and design specifications for water management shall be subject to final approval of the Collier County commission.

(Laws of Fla. ch. 74-462, § 9)