§ 25B-12. Option of owners in fee to convey development right or covenant with Board for specified term of years.

(a)

The owner or owners in fee of any land or water area containing at least five (5) acres and located within Miami-Dade County, Florida, which either qualifies as environmentally endangered and is so designated by the Board, or which is utilized for outdoor recreational or park purposes, may by appropriate instrument for a specific term of not less than ten (10) years:

(1)

Convey the development rights in said land to the Board; or

(2)

Covenant with the Board that the said land shall be maintained in its present natural state and be subject to one (1) or more conservation restrictions if necessary to maintain such present state, or shall not be used for any purpose other than outdoor recreational or park purposes.

(b)

Notwithstanding the requirement of a minimum of a five-acre area set forth in subsection (a) above, any land or water area containing less than five (5) acres may qualify for the provisions of this article and subsection (a) above if such land or water area qualifies as environmentally endangered and is so designated by the Department of Environmental Resources Management prior to being considered by the Board.

(c)

The action by the owner to convey the development right or execute a covenant pursuant to this article, or to obtain a written instrument from the Board reconveying all or part of the development right to the owner or releasing the owner from the terms of the covenant, shall be by unanimous written consent if more than one (1) owner holds fee simple title to the land subject to the conveyance or covenant. All mortgagees holding a mortgage on the subject property must join in the conveyance or covenant.

(Ord. No. 75-33, § 2, 5-21-75; Ord. No. 79-105, § 1, 12-4-79)