Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.008 - Determining the Maximum Amount

Current through Reg. 50, No. 138; July 16, 2024
(1) The maximum
				amount that may be paid by the District for a parcel to be acquired shall be
				the value indicated in a single approved appraisal if only one appraisal is
				required. If two appraisals are obtained and approved when only one is required
				by law, the maximum value shall be the higher of the appraisals, regardless of
				their divergence.
(2) If two
				appraisals are required by law and their values do not differ significantly,
				the maximum amount that may be paid by the District for the parcel shall be the
				higher value indicated in the two approved appraisals.
(3) If a third appraisal is obtained and
				approved, the maximum amount that may be paid for the parcel shall be the value
				contained in the higher of the two closest appraisals as long as the two
				closest appraisals do not differ significantly. If the two closest appraisals
				differ significantly, one hundred and twenty (120) percent of the lower of the
				two appraisals shall be the maximum value.
(4) No purchase offer by the District shall
				exceed the value for that parcel as determined pursuant to the highest approved
				appraisal or the value determined pursuant to these rules, whichever value is
				less, except under the following circumstances:
(a) The District has unsuccessfully attempted
				to negotiate a purchase, pursuant to the price restrictions in this
				subparagraph, for a period of two years after the date of the District's first
				written offer on all or a substantial part of the parcel, during which there
				have been at least two bona fide offers at a purchase price at or within ten
				(10) percent below the limits prescribed by this subparagraph. The Board shall
				waive the two year period in cases in which it has directed the District to
				exercise eminent domain authority;
(b) The Board determines that the parcel
				meets the requirements for acquisition by eminent domain and that the cost of
				acquisition by eminent domain, including jury determination of compensation and
				other costs and fees provided for in Chapter 73 or 74, F.S., is likely to
				exceed the highest approved appraisal value of the parcel as otherwise
				determined pursuant by this rule. In this case, the total purchase price may
				not exceed one hundred and twenty five (125) percent of the limits otherwise
				prescribed by this subparagraph. The decision to acquire a parcel pursuant to
				paragraphs (a) and (b), must be made by a vote of a majority of the
				Board.
(c) In the case of a joint
				acquisition by a state agency and a local government or other entity apart from
				the District, the joint purchase price may not exceed one hundred and fifty
				(150) percent of the value for a parcel as determined in accordance with this
				rule. The District's share of a joint purchase offer may not exceed what the
				District may offer singly as prescribed in this rule.