County attorney briefed Volusia Forever advisory committee on proposed Charter amendment to create conservation land registry

Russ Brown, deputy county attorney, told the Volusia Forever advisory committee on Jan. 30 that a Charter Review Committee subcommittee voted to advance a proposed Charter amendment that would create a Volusia County Registry of Conservation Lands and change approval thresholds for transfers of county-owned conservation property. "Shall the Volusia County Charter be amended to establish a conservation land registry allowing the county council to add or remove land by a majority plus 1 vote of the entire council, and land on the registry will not be subject to sale, divestiture, or transfer by the county unless used for public purposes or the land is taken by eminent domain," Brown read to the committee.

The amendment, if adopted by the Charter Review Committee and then placed on the ballot by County Council, would add a new Section 13.14 to the Charter establishing the registry and directing that properties listed thereon "will not be subject to sale, divestiture, or transfer by the county." Brown said additions and removals would occur by resolution "approved by a majority plus 1 vote of the entire county council." He clarified the ballot language describes exceptions when property is used for a public purpose by the county or taken by a state, federal or other lawfully authorized entity exercising eminent domain powers.

Committee members asked whether the proposed threshold would change routine acquisition and management steps for Volusia Forever purchases. Brown and members discussed a two-step interpretation: a simple majority could approve acquisition, while placing county-owned property on the registry would require the supermajority. Brown noted the registry applies to county-owned lands and would not automatically cover properties held in partnership or joint title where another entity is the owner.

Members also probed whether the registry would remove the current ability under state law for counties to sell or convey property. Brown referenced state law permitting counties to sell or convey property and said the registry would impose a local Charter-level protection but would not eliminate the statute that, in limited circumstances, allows transfers. He said in his recollection sales by Council outside eminent domain have been rare.

Why this matters: the registry would place an additional local approval threshold on transfers of county-owned conservation lands and would formalize protections for properties placed on it. Committee members flagged operational questions—how partnerships and joint titles are treated, when management responsibilities change, and whether properties routinely used for public purposes would be subject to different rules. Brown recommended interested parties follow the Charter Review Committee schedule; the subcommittee vote to advance the proposal is tentatively scheduled to go before the full Charter Review Committee on Feb. 9.

Next steps: the Charter Review Committee must vote to place the amendment on the ballot; if the full committee and County Council approve, the amendment would be presented to voters in November.