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I CHAPTER III 2 ENVIRONMENTAL RESOURCE PROTECTION METHODS 3 METHODS OF LAND ACQUISITION 4 There are a number of methods available to acquire property rights. These are direct purchase, 5 condemnation, donation, exchange, transfer, or withdrawal. Each property under consideration for 6 acquisition has characteristics that are factors in determining what method is appropriate. A brief discussion 7 of each method follows: 8 Purchase. This is a simple, straightforward means of separately obtaining fee title or an 9 easement. It involves a willing seller/willing purchaser situation wherein the purchaser 10 negotiates the sale of one, some or all rights to property. Purchase agreements have the 11 advantage of being quick, controllable and generally non -controversial. 12 Condemnation. There are occasions when direct purchase is not possible because the 13 owner does not want to sell or will not accept the price offered. When extremely high 14 public values are endangered or threatened or the land is needed for protection, the County 15 can exercise the right of eminent domain (the taking of land without consent of the owner). 16 This judicial process is also called condemnation. The disadvantages are that this process 17 is almost always controversial, frequently creating highly emotional reaction on the part of 18 the landowners and sometimes the community at large. Furthermore, there is little control 19 as to the cost, which is generally determined as a result of a trial. In addition, the County 20 must assume the judgment of the value that the jury places upon the land. The County may 21 also be required to pay additional costs and attorney's fees of the property owners as 22 provided by law. Condemnation shall not be considered when utilizing bond referendum 23 funds. 24 Donation. A citizen or group of citizens may wish to make a gift of property. Such 25 donations are often useful in carrying out the land acquisition program at a minimum of 26 cost. Aside from the cost factor, these acquisitions are no different than any other purchase. 27 Exchanize. On occasion, lands under County control can be exchanged for land having 28 greater ability to satisfy the objective of the land acquisition program. This can involve 29 land in private ownership or land under the administration of another governmental agency. 30 Inherent in the exchange concept is the requirement to get dollar value for dollar value. 31 Exchanges for land under current County control are attractive in that they do not increase 32 land holdings and do not require funds for purchase. Another approach that may be 33 considered is the County's acquisition of land for purposes of a pre -determined exchange 34 for property of equivalent dollar value that has greater ability to satisfy land acquisition 35 program objectives. 36 Installment Sale. This concept has not been approved in Indian River County; however, 37 an installment sale involves the sale of bonds. The prospective seller would contract to 38 convey property to the County and in return the County would issue a bond. This bond 39 would have to be paid back over a set number of years. The effect of this would be to create 40 a potentially tax-free installment sale to the seller. 15 9/6/2022 6:36:42 PM 334