HomeMy WebLinkAboutSubmittal-Blanca Mesa{
Florida Department of
Afemorandum Environmental
Proteetion
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December 9, 1994
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TO: Gary Cochran, Planning Manager
Bureau of Land Management Services
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FROM: Frank Votra, Environmental Speci s_
office of Environmental Services
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SUBJECT: Project Review Virginia Key, Miami, Florida`,
Deed # 18730
The above cited deed, executed August 21, 1942 and the subsequent
corrective deed executed February 11, 1953 stipulates that this
conveyance is made on the condition that the area described be used
by the: "City , _M�ami for harbors and airport construction and
development and should any of said area e use for any purposes
other 'han—that—harbor and airport constructions and development
the title to said land is automatically reverted and becomes the
E ro ort• cf the Trustees of the interna_ Impr6vement Fund of the
Sta P �f Florida, the gran ors erein." The City of Miami now
seeks to have the State of Florida waive this deed restriction
claiming that the present deed restriction precludes the City of
Miami.from beneficial use of these lands.
All lands administered by the Internal Improvement Trust Fund
(Trustees) are lands held in the public trust. The Public Trust
Doctrine imposes a governmental "servitude" upon certain lands and
water areas that are to be held in trust by the government for the
benefit of all the people. There impairment or disposal is not
done wit ou e utmost discretion. The Citv of Miami is_u der the
false assumption that because the Trustees specifically stated that
t ds couTc—be used only for eit era arbor or airport that
bt_. P * re never used for the stated purpose the lands
should now be relinquished by the Trustees --o he City for other
uses.
From my interpretation of this request if the Trustees where to
waive the established deed restrictions it would be contradictory
to the intent of the deed, and a violation of the State
Constitution: s. 7, Art. II, and s. 11, Art. X. This matter will
need to be reviewed fully by the Trustees as "The board of trustees
shall not sell, transfer, or otherwise dispose of any lands the
title to which 'is vested in the board of trustees except by vote of
at lease five of the seven trustees, 253.02(2) Board of trustees;
powers and duties. The control of the Stat .e,r this_prope rty for
the puffinQme of the trust was never lost. This land parcel was
conveyed to the City without impairment of that public interest.
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Page Two
To further explain this position the State (Trustees) may grant
parcels of public land for specific uses. The"Trustees did so for
the lands in question on Virginia Key. This was a valid exercise
of the Trustees legislative power consistent with the Trustees
obligation to the public good at that time. The Trustees did not
abdicate their control of the lands at Virginia Key but gave
permission to the City to use the land for a port or airfield. One
needs to look at the minutes of the Trustees for August 1942 to
ascertain E e reason a
_Lnd purpose t is parf-icu ar deed was granted.
The United States was at war! The deed of lands for the "Greater
Miami Air Base Project" as it was called at the time was based on
the Curgent need on part of both the City and Federal government for
expansion of air base facilities for both land and sea planes as
well as docking space for ships. The minutes also state that:
"Request was that the price for the land be as reasonable as
possible owing to the public nature of the project and its need in
connection with national defense." (Underlines my own.). The
Trustees did not abdicate the trust doctrine over this property but
administered its police power by assisting what was in the public
interest at the time to preserve the peace in defense of this
country. To assume, as the City of Miami has in this instance,
that since the land purchased could not, or was not, used for its
deeded purpose reneges the original intent of Trustees is false.
The deed clearly states and the.City of Miami acknowledges that if
the property is not used for its intended ;use, air and port
facilities, it should revert back to the State. These lands should
not be relin uished by the Trustees to the City_o Miami as to do
so would impair the pu_ is rust tand the intent that ' was
provide �-t-Te-Trustees. The above deed delegated to the City
certain powers by the Trustees to use State Lands in defense of
this country as part of the war effort. Since that use was never
fulfilled and it is the right of the State, indeed it would be
prudent for the Trustees to exercise its legal control and
authority over the property and revoke those powers given by this
deed and retain the property as the conditions stipulate. The City
of Miami and Dade County are presently in violation of the covenant
of the deed as the site isnow _usedasan dredge material disposal
area. This was c early not the areas intended use expressed by the
firestees and the land should reverttd--5-tatecontrol.
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Submitted into the public
record in connection with
item PZ.1 on 10-08-09
Priscilla A. Thompson
City Clerk