Mosaic Fertilizer LLC on Sept. 29 announced that it has submitted a letter to the Manatee County Board of Commissioners initiating a claim against the county under Florida’s Bert J. Harris, Jr., Private Property Rights Protection Act. The claim is a result of the County Commission’s 4-3 decision on Sept. 16 (GM Sept. 22, p. 10) to deny Mosaic’s permit to mine phosphate rock reserves underlying Mosaic’s 2,048 acre property known as the Altman tract – even though permits to mine the property have been issued by state and federal regulators. Under Florida law, the county now has up to 90 days to reach an agreement with Mosaic, or be subject to litigation.
“It is unfortunate that we have been forced to begin down this path, but we’re still hopeful that we can engage in a productive dialogue with the Board of County Commissioners,” stated Richard Mack, Mosaic’s senior vice president and general counsel. “The Altman permit has been exhaustively reviewed and approved by state and federal agencies. It has been in process for over seven years, endured more than 20 continuances at the commission, and has resulted in significant concessions by Mosaic. If we can’t promptly resolve this through dialogue, we have triggered the start of our judicial remedies to be compensated for the significant value this land brings to Mosaic,” he said.
Mack said the Bert Harris Act represents the best and final opportunity for Manatee County to avoid lengthy and costly litigation on the matter. He noted that Florida law protects the rights of large and small private property owners to make use of their land. While those rights can be prudently regulated by governmental agencies, they cannot be “inordinately burdened.” If the courts rule that the owners’ property rights were violated, the government agency is required to compensate the property owner for economic loss of use.
Manatee County’s estimated financial exposure is $617 million, based on a recent appraisal of the Altman tract. This represents the reduction in the property’s value as a result of the county commission’s denial of Mosaic’s permit. There are approximately 6.2 million tons of recoverable phosphate reserves on the site. The county also stands to spend significant dollars on litigation costs and lose millions of dollars in economic benefits from planned employment at the site, shipping through Port Manatee, and severance tax revenues.
“For two years we have worked with Manatee County officials to reach a compromise that respects our property rights, safeguards the environment, and allows us to mine a natural resource that’s critical to our nation’s food supply,” said David Townsend, assistant vice president of public affairs for Mosaic. “We have negotiated in good faith, agreed to environmental and financial protections far beyond those required by law, and offered to underwrite the costs of important community needs and amenities. There is no valid legal, scientific or economic basis to deny this permit.”
Townsend pointed out that, ironically, Mosaic came into ownership of a majority of the Altman tract as a result of a land trade with Manatee County in 1996. He says the county was fully aware when it entered into the land transaction the company’s intention was to mine the land. In fact, Manatee County granted a mining setback waiver at the time of the land trade. Mosaic has received all required state and federal permits to mine the property. During this process the amount of land that will be preserved from mining has more than doubled, and Mosaic has offered to donate land and construction for a fire station and 70-acre park to benefit the nearby Manatee community of Duette.
“Unlike a housing community, shopping mall or other urban development project that would permanently impact the Altman property, we are required by law to restore every acre that’s disturbed by mining to a natural, productive state,” Townsend said.