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2002 Florida Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagfl0024 and id is 1 raw text is: Page 1 of4
Flor1 dAttlorny Gelneral
Advisory Legal Opinion
Number: AGO 2002-01
Date: January 3, 2002
Subject: Water control district, disposal of real property
Mr. James P. Beadle
Attorney for the Melbourne-Tillman
Water Control District
5205 Babcock Street Northeast
Palm Bay, Florida 32905
RE: WATER MANAGEMENT DISTRICTS-REAL PROPERTY-WATER CONTROL
DISTRICTS-authority of water control district to sell,
lease or otherwise dispose of real property. Ch. 2001-336,
Laws of Florida; Ch. 298, Florida Statutes.
Dear Mr. Beadle:
On behalf of the Board of Directors of the Melbourne-
Tillman Water Control District, you have asked for my
opinion on the following question:
Is the Melbourne-Tillman Water Control District authorized
to lease, sell or otherwise convey or dispose of its real
property?
In sum:
The board of supervisors of the Melbourne-Tillman Water
Control District may sell, convey or transfer pumping
stations, machinery, motive equipment, electric lines and
appurtenant equipment of the district, but may not convey
other real property of the district.
The existing special laws relating to the Melbourne-Tillman
Water Control District have been recodified and reenacted
in Chapter 2001-336, Laws of Florida.[1] By enacting
Chapter 2001-336, the Legislature intended to provide a
single, comprehensive special act charter for the district
as directed by section 189.429, Florida Statutes.[2]
The charter of the Melbourne-Tillman Water Control District

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