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welch allyn abpm 6100 manualFlorida's agricultural economy has been required to coexist with rapid population and commercial growth in the state over the last twenty-five years. Conflicts between these interests bring prominence to issues such as the rights and responsibilities of adjoining landowners, farmers, and property owners in general. Due to the added importance placed on these areas of real property, the legal aspects of fences in the state of Florida have taken on significant importance. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. Discussed areas include a property owner's responsibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, placement of fences, encroachments, boundary lines, easements, contracts, nuisances, and a landowner's responsibilities towards persons who enter his or her property. This handbook is intended to provide a basic overview of the many rights and responsibilities that farmers and farmland owners have under Florida's fencing and property law. Readers may value this handbook because it informs them about these rights and responsibilities. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this booklet is based are subject to constant revision, portions of this booklet could become outdated at any time. This handbook should not be viewed as a comprehensive guide to fencing and property laws. Additionally, many details of cited laws are left out due to space limitations. This handbook should not be seen as a statement of legal opinion or advice by the authors on any of the legal issues discussed within. This handbook is not a replacement for personal legal advice, but is only a guide to educate and inform the public on issues relating to fencing and property laws in Florida.http://sterenstein.ru/userfiles/diplomat-gas-cooker-manual.xml

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For these reasons, the use of these materials by any person constitutes an agreement to hold the authors, the Institute of Food and Agricultural Sciences, the Center for Agricultural and Natural Resource Law, and the University of Florida harmless for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this book. Readers wishing to find further information from the Florida Statutes may access those statutes online at. Acknowledgments Boundaries and Possession The distinction is important in disputes over adverse possession, boundary by agreement, and boundary by acquiescence, as discussed herein. What are the ways to show land ownership? This information can be obtained through the County's Official Records or Property Appraiser's Office.If my neighbor puts up a fence that encroaches on my land, how should I react. What are my legal rights? In such cases, the encroaching person is required to remove the fence. If the individual refuses to remove the fence, you may bring an action to eject the individual from your property. Providing written notice to the encroaching party may prevent that party from claiming the fence is validly placed based upon an allegation of doubt or uncertainty regarding the true boundary line. The existence of a fence could constitute evidence of the required doubt or uncertainty as to the true boundary in a boundary by acquiescence dispute (discussed further below); however, a fence alone is insufficient to prove doubt and establish for boundary by acquiescence. The more complex types of encroachment disputes occur when the alleged encroacher asserts the defense(s) of boundary by agreement and boundary by acquiescence.http://angkorphotographyguide.com/userfiles/diplomat-fridge-freezer-apm6855-manual.xml Boundary by Agreement The three important aspects of this defense are: Uncertainty or doubt as to the true boundary line, An agreement that a certain line will be treated by the parties as the true line, and Subsequent occupation by the parties in accordance with agreement for a period of time sufficient to show a settled recognition of the line as a permanent boundary. E.g., Watrous v. Morrison, 14 So. 805, 807 (Fla. 1894); Campbell v. Noel, 490 So. 2d 1014, 1016 (Fla. 1st DCA 1986); 1 Fla. In Campbell, two adjoining landowners were uncertain of the true common boundary between the two tracts. In other words, action brought to recover property after seven years of encroachment will probably be denied.See also Sembler Marine Partners, Ltd. v. Skidmore, 842 So. 2d 1003, 1005 (Fla. 4th DCA 2003). Summary Your neighbor is required to remove this encroachment. If the location of the true boundary line is unclear from both your deed and your neighbor's deed, avoid future dispute by notifying your neighbor of the ambiguity, calling a surveyor, and clarifying your boundary lines. In the case where you think boundary by agreement or boundary by acquiescence may apply to the dispute, think of the aspects of each and whether they actually apply to your case. Remember the three aspects of boundary by agreement: Uncertainty or doubt as to the true boundary line Agreement that a certain line will be treated by the parties as the true boundary line Subsequent occupation by the parties in accordance with the agreement for a period of time sufficient to show settled recognition of the line as a permanent boundary Consider also the two aspects of boundary by acquiescence: A dispute or uncertainty from which it can be implied that both parties are in doubt as to the true boundary line Continued occupation and acquiescence in a line other than the true boundary for a period of more than seven years (as required by the statute of limitations) Further Information Original publication date November 01, 1999. Revised December 2006, August 2010, November 2014 and November 2018. Visit the EDIS website at for the currently supported version of this publication. Over the last several decades, population centers have expanded up to or near installation boundaries. Installations are now susceptible to a broad range of enforcement actions based on environmental laws and regulations. This combination of factors new laws and nearby urban development is now creating significant pressure to alter land use practices on military installations. These pressures are termed encroachment. The Army must now reconcile its training and testing missions with its requirement to address encroachment issues, while complying with environmental regulations and fulfilling its desire to act as a good steward of the natural resources. This study was as part of an effort too develop of risk assessment and intervention methods required to expand the Army's response capability to encroachment issues and other environmentally based requirements.The CERL principal investigator was Brian M. Deal. Dr. Thomas Hartranft is Chief, CEERD-CF-E; and L. Michael Golish is Chief, CEERD-CF. The CERL technical editor was William J. Wolfe, Information Technology Laboratory.http://jerering.com/images/commonwealth-of-massachusetts-driver-manual.pdf The associated Technical Director was William D. Goran, CEERD-CV-T. The Director of CERL is Dr. Alan W. Moore. CERL is an element of the U.S. Army Engineer Research and Development Cen- ter (ERDC), U.S. Army Corps of Engineer s. The Director of ERDC is Dr. James R. Houston and the Deputy to the Commander is A.J. Roberto, Jr. DISCLAIMER: The contents of this report are not to be us ed for advertising, pub lication, or promotional purposes. Citation of trade names does not constitute an official endorsement or approval of the use of such commercial products. All product names and trademarks cited are the property of their respective owners. The findings of this report are not to be cons trued as an official Department of the Army position unless so designated by other authorized documents.Since those areas have been isolated from development, they have become ha- vens for unique natural and cultural resou rces. Army training activities, carried out long before environmental statutes we re enacted, have indirectly served to protect the environment. Ironically, it was the Army’s range management prac- tices that aided in the creation of these havens and allowed them to flourish. This has occurred not in spite of training, but because of training (Van Antwerp, 2001). For most of its history, the United Stat es has had no effective environmental leg- islation. Federal regulation to prot ect human health or the environment was unknown until the mid-20 th century. Up until the late 1960s, state and local gov- ernments had the responsibility for envi ronmental problems. Over the last 30 years, the Nation has begun to understand and regulate the potential envi- ronmental impacts of a wide variety of civil and industrial practices. During the 1970s and 1980s, Federal legislation established rules for national environ- mental protection, including the Endang ered Species Act (ESA), the Clean Air Act (CAA), Clean Water Act (CWA), the Re source Conservation and Recovery Act of 1976 (RCRA), and the Comprehensive Environmental Response, Compensa- tion, and Liability Act (CERCLA). These legislative initiatives have resulted in substantive requirements that affect milit ary land use and training. The Na- tional Environmental Policy Act (NEPA) requires that training decisions take environmental impacts into account and, in 1992, Congress amended RCRA to clarify that Federal agencies may be penalized for failure to comply with its pro- visions. Army lands and ranges have been used for testing and training with a wide vari- ety of weapons systems for well over a ce ntury. When Army installations were established, they were generally in remote areas, isolated from populations. There was little residential or commercial development nearby and the public had little awareness of training activities. That has changed, over the last sev- A number of these statutes contain broad discretionary enforcement thresholds that are based on the assessment of the environmental regulatory authority as to whether a given condition presents a “potential” risk or “imminent” hazard to human health or natural resources. Meanwhile, the Army’s ranges and train ing lands have remained undeveloped and insulated from the urbanization and sprawl development that has covered much of the landscape. Development lead to habitat destruction leaving unde- veloped ranges and training lands to be come “islands of biodiversity.” Their value as habitat and a natural resource base has steadily increased over time. Population centers expanded—up to or near installation boundaries—and resi- dential development has occurred in more remote areas and previously rural set- tings. Therefore, citizens became more aware of training and range activities. Economic expansion, some of it probably driven the installation’s economic im- pact in the local area, has resulted in new suburban communities developing near Army installations. The resulting effect is that Army installations are now often in the midst of large urbanized areas. Military training activities produces noise, dust, the expenditure of munition s, and ground activities that can be viewed as a nuisance and annoyance to th ose who now live nearby. Also, train- ing activities may prevent access to th e most pristine land in the region. This combination of factors—new laws and nearby urban development—is now creating significant pressure to alter land use practices on military installations. These pressures are termed “encroachment,” which is a general descriptor for the many pressures that limit the milit ary use of land, air-, and sea-space (Angello, 2001). The Department of Defense (DoD) has identified eight catego- ries of encroachment.These remain in draft form and are currently undergoing review; the plans provide a preliminary roadmap for Do D efforts in addressing the issue ar- eas. For each area, an existing organization or group within DoD has been given the charter to implement the roadmap and ensure encroachment and range sus- tainment becomes an integral part of their area of responsibility. Based on the Sustainable Ranges Initia tive, the DoD Policy Board on Federal Aviation recently initiated a joint DoD- FAA working group to proactively iden- tify and resolve issues surrounding the National Air Space System. The Navy, recently designated the Executive Agent for Maritime Sustainability, is actively working with the other services and Federa l regulators to resolve constraints on testing and training at sea. The Range Spectrum Requirements Working Group (RSRWG), long the forum for DoD frequency spectrum problem solving and with an active role in addressing spectrum encroachment issues, has expanded its role to both test and training ranges. Coordinated action within DoD is being taken on each of the other action plan issues. The Army’s primary encroachment concer ns are urban sprawl, threatened and endangered species, and restrictions that impact use of munitions or other com- bat related techniques such as obscurants. Army training is also affected by re- strictions due to air quality standards, erosion control requirements, water qual- ity standards, and restrictions on wetland impacts. The Army has implemented programs to ensure compliance with environmental statutes and regulations and address these issues. Most major training installations have ranges designed and constructed specifically to meet the requirements of the forces assigned to that installation. Compliance actions have led to training capability curtail- ments at some installations. Managemen t of endangered species causes restric- tions on timing and location of training events. Consequently, large portions of some Army ranges are unavailable during much of the year for such training ac- tivities as digging fighting positions, dismounted maneuver, occupying positions for combat, combat service support functi ons, and use of camouflage. As the number of listed plants and animals increases, the amount of land available for unmodified training activities may decrease further (Ellis, 2001). These restrictions reduce the Army’s flex ibility to use its present land while the requirement for more maneuver space to exercise emerging weapons systems is growing. The Army is limited in its ab ility to acquire new land. The costs and the general public’s concerns about urbani zation’s effects on remaining natural and agricultural lands make acquisitio n problematic. Residential and commer- It would be unrealistic to assume that the DOD might be “ex- empted” from the requirements of environmental regulation. In actuality, Presidential exemp- tions are rarely invoked. The developm ent of risk assessment and intervention methods is therefore required to expand the Army’s response capability to en- croachment issues and other environmentally based requirements. 1.2 Objectives The objectives of this work were to: 1. Review policies and the legal framework for addressing encroachment on Army installations and recommends approaches and methodologies to address this critical issue. 2. Provide “lessons learned” (based on the experiences with the Private Lands Ini- tiative at Fort Bragg and similar activities at other installations) 3. Recommend strategies for assessing land for acquisition based on its characteris- tics and subsequent value to the Army, an d to identify potential barriers to these strategies. 4. Provide guidelines to the crucial proce ss of initiating effective corrective action through a plan based on an assessment of the local situation that establishes where to place emphasis and how to best proceed. Once a direction is deter- mined, mitigating actions must be pu rsued within the regulatory and policy framework. (Current policy and legislative requirements define the range of available options for addressing encroachment. To date, encroachment r esponses have been ad hoc efforts by certain instal lations with help from higher headquar- ters and the Army Environmental Center.) 5. Recommendations on appropriate leadersh ip actions and policy responses to ad- dress encroachment pressures. This methodology was based on discussions with the Army Environmental Center and incorporates lessons learned from installation-based initiati ves and related research activities un- derway at CERL. The issue of “encroachm ent” is multi-faceted and complex, and requires a careful and thoughtful response. This work proposes a methodology and policy framework intended to respond to the issue of encroachment in an in- tegrated manner—to support the overall co ncept of installation sustainability. This will invoke actions consistent with the urgency of the trainin g or readiness activity involved and the provisions of law under which the administrative action or proposed administra- tive action is being taken, seek to re ach an agreement with the Secretary on im- mediate actions to attain the objective of the administrative action or proposed administrative action in a manner that eliminates or mitigates the adverse ef- fects of the administrative action or proposed administrative action on the train- ing or readiness activity. Additionally, relief shall not apply with respect to an administrative action or proposed administrative action if the head of the Execu- tive agency concerned determines that the delay in enforcement of the adminis- To facilitate the program, the Secretary of each military department shall prepare and imple- ment an Integrated Natural Resource s Management Plan (INRMP) for each military installation in the United States under the jurisdiction of the Secretary, Appropriate management objectives to protec t mission capabilities of installation lands (from which annual projects are develo ped) should be clearly articulated in the planning process and should be high in INRMP resourcing priorities. The effectiveness of the INRMP in preventing “net loss” shall be evaluated annually. There may be, however, instances in which a “net loss” may be unavoidable to fulfill other regulatory requirements, such as complying with a biological opinion under the provisions of the Endangered Sp ecies Act or the protection of wetlands under the provisions of the Clean Water Act. The Secretary of each Military Department must prepare and begin implement- ing INRMPs for those installations where an INRMP is appropriate by 18 No- vember 2001.Although not explic it, these sections of the U.S. Code have been interpreted as allowing the Army to enter into cooperative agreements with conservation entities to encumber land outside the installation through either fee simple purchase or with conservation easements, so long as the conservation entity holds title to the land. This enhances the conservation activities and natural resource management of an installation, thus allowing greater use of in- stallation land assets, while meeting co nservation requirement such as preserv- ing threatened and endangered species’ habitat. Installations are required to develop INRMPs. The impacts of encro achment and how to mitigate them should also be part of these plans, as should any planned cooperative agreements to expand biodiversity and habitats furthering the mission. 2.2 U.S. Army Re gulations and Policy Army regulations reflect the policy of the Army while interpreting and imple- menting legislative and regulatory require m e n t s. T h e y d e f i n e t h e A r m y ’ s a p - proach to complying with requirements and provide the management structure to insure compliance. A short summary of each germane is provided below. 2.2.1 AR 200-1 The Army has a comprehensive environmen tal strategy that focuses on pollution prevention, conservation, and preservation of natural and cultural resources, The program is com- prehensive and is comprised of selected subprograms that integrate together to form the complete environmental posture of an installation. Installations accomplish these responsibilities by implementing an Integrated Natural Resources Management Plan (requi red by the Sikes Act). The plan in- cludes programs to inventory, delineate, classify, and manage all applicable These include arrangements with the Forest Service, National Park Service, the USFWS, and The Nature Conservancy (TNC). TNC can pro- vide technical assistance and study signif icant ecosystems under Army control. Other management techniques required by the regulation are Integrated Train- ing Area Management (ITAM), Integrated Pest Management (IPM), and Endan- gered Species Management Plans (ESMP). In its discussion of the development of ESMPs, the regulation does mention the use of cooperative agreements with outside entities. This area needs to be expanded, providing more guidance on installation specific cooperative agreem ents for achieving natural resource man- agement goals. 2.2.3 AR 210-20 Policy, procedure, and responsibilities fo r the development, content, submission, and maintenance of the Real Property Master Plan (RPMP) are found in AR 210- 20 Master Planning for Army Installations (DAEN-ZCI-P 1993). The installation must plan for the 21 st century and respond to future Army missions and commu- nity aspirations, while providing the capability to train, project, sustain, and constitute today’s force. The RPMP is the instrument for unifying installation planning and programming. The RPMP consists of four components: the long- range component (LRC), capital investment strategy (CIS), short-range compo- nent (SRC), and the mobilization compon ent (MC) and forms the long-term in- vestment strategy for the installation’s bu ilt environment. Installations are to work with local and re gional planning agencies to foster close and harmonious planning relations with adjacent communities. The desired co- ordination should result in: The RPMP is the installation’s plan for management and development of the in- stallation’s real property resources. It is supposed to analyze and integrate the plans prepared by various installation components and the surrounding commu- nities to provide for orderly developmen t. A complete RPMP forms the founda- tion for the development and facility management activities on an installation. 2.2.4 AR 210-21 Policy, procedure, and responsibilities for Army range and training land acquisi- tion are found in AR 210-21 Army Ranges and Training Land Program (DCSOPS 1997). This regulation defines the Army’s program to standardize the training land acquisition process and provide guidance for determining live fire and ma- neuver land acquisition requirements. The Ranges and Training Land Program (RTLP) planning process is based on th ree primary considerations: mission sup- port, environmental stewardship, and economic feasibility. The goal is to achieve a balance between the effective use of available training lands and com- pliance with environmental laws. Integrated Training Area Management (ITAM) serves as the environmental linkage to the RTLP and comes under the umbrella of the INRMP. 2.2.5 AR 405-10 The acquisition of real property is tightly controlled within the Federal Govern- ment and only Congress has the po wer to authorize it. AR 405-10, Acquisition of Real Property and Interest Therein, defines the appropriate priorities and condi- tions for acquiring land (DAEN-REA 1970). The purchase of land is a last resort with strict requirements and other acquisiti on methods must be considered prior to purchase, lease, or condemnation. Addressing environmental issues may not be considered sufficient justification for land acquisition, although easements may be a viable option. Historically, most property originally owned by the Federal government has been transferred to individuals. Certain sovere ign rights were reserved for the public and these public rights restrict private property rights. Public rights are exercised by government and include four categories: 1. Police Power —the right to regulate private property use for protecting the public interest 2. Eminent Domain —the right to take private proper ty for the public interest on payment of just compensation 3. Taxation —the right to tax private property to support public needs according to constitutional and statutory law 4. Escheat —the right of the state to acquire title to private property if a property owner dies without a will or heirs. These public rights both protect and limit the property rights of private owners. In the last decade there has been cons iderable public debate over whether the enforcement of environmental regulations should be considered a condemnation or a taking (requiring just compensation ) or are applications of police power (de- signed to prevent uses of resources that are harmful to public interests). The two most controversial laws where these issues are in contention are the Endan- gered Species Act and Clean Water Act. Do zens of private land associations or groups being founded to counter the po lice power theory and demand just com- pensation. These groups are active in all areas of the nation and many are con- cerned about the very issues that the Ar my considers encroachment. It should be noted that some of these groups are opposed to almost any governmental ini- tiative including conservation easements, especially if they restrict hunting or fishing. Owning property is actually owning a bund le of rights and the exchange of goods is not so much trading objects as exchang ing the bundle of right to those objects. This bundle of rights if often referred to as property rights—meaning rights to property and not rights of property (Allen 1987). Since property is a bundle of rights, an owner may donate, sell, or othe rwise transfer some of these rights to another party. Examples of rights that are typically sold are water and mineral These generally fall under the term of conservation easements. A conservation easement is a deed restriction landowners voluntarily place on their property to protect re- sources such as productive agricultural land, ground and surface water, wildlife habitat, historic sites or scenic view s (Mill 1998). Landowners (grantors) use conservation easements to authorize a qualified conservation organization or public agency (grantee) to monitor and enforce the restrictions set forth in the agreement. Conservation easements are flexible documents tailored to each property and the needs of individual landowners. They may cover an entire par- cel or portions of a property. The land owner usually works with the prospective grantee to decide which activities should be limited, to protect specific resources. 2.4 Current Approaches to Encroachment Mitigation There are not many avenues available to an installation for addressing the is- sues of encroachment. The two current initiatives are joint regional planning studies and cooperative agreements for l and buffers and conservation easements. 2.4.1 Joint Land Use Study (JLUS) Program The Joint Land Use Study (JLUS) Progra m of the Office of Economic Adjust- ment, Department of Defense, is a cooperative planning initiative in which mili- tary and civilian communities can anticip ate the potential for land development conflicts and avoid the encroachment problem (DoD 1995). When the public and communities are exposed to noise and accide nt potential, they will seek relief. This typically places pressure on the milit ary installation to modify operations. In extreme cases it could ultimately lead to total elimination of noise generating activities, a reduction in personnel and mission assignments and reduced eco- nomic benefits to the community. In such cases, both parties lose. However, if adjustments are made on both sides of the fence, both parties can be winners. The JLUS program was initiated in 1985 and was designed to provide financial and technical incentives to help resolve conflicts that occur between mission ob- jectives and community growth patterns. The intent of a JLUS is to develop a plan as the basis for implementing land use recommendations around a military installation.