Florida Statute 95.361 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.361

95.361 Roads presumed to be dedicated.—

(1) When a road, constructed by a county, a municipality, or the Department of Transportation, has been maintained or repaired continuously and uninterruptedly for 4 years by the county, municipality, or the Department of Transportation, jointly or severally, the road shall be deemed to be dedicated to the public to the extent in width that has been actually maintained for the prescribed period, whether or not the road has been formally established as a public highway. The dedication shall vest all right, title, easement, and appurtenances in and to the road in:

(a) The county, if it is a county road;

(b) The municipality, if it is a municipal street or road; or

whether or not there is a record of a conveyance, dedication, or appropriation to the public use.

(2) In those instances where a road has been constructed by a nongovernmental entity, or where the road was not constructed by the entity currently maintaining or repairing it, or where it cannot be determined who constructed the road, and when such road has been regularly maintained or repaired for the immediate past 7 years by a county, a municipality, or the Department of Transportation, whether jointly or severally, such road shall be deemed to be dedicated to the public to the extent of the width that actually has been maintained or repaired for the prescribed period, whether or not the road has been formally established as a public highway. This subsection shall not apply to an electric utility, as defined in s. 366.02(4). The dedication shall vest all rights, title, easement, and appurtenances in and to the road in:

(a) The county, if it is a county road;

(b) The municipality, if it is a municipal street or road; or

whether or not there is a record of conveyance, dedication, or appropriation to the public use.

(3) The filing of a map in the office of the clerk of the circuit court of the county where the road is located showing the lands and reciting on it that the road has vested in the state, a county, or a municipality in accordance with subsection (1) or subsection (2) or by any other means of acquisition, duly certified by:

(a) The secretary of the Department of Transportation, or the secretary’s designee, if the road is a road in the State Highway System or State Park Road System;

(b) The chair and clerk of the board of county commissioners of the county, if the road is a county road; or

shall be prima facie evidence of ownership of the land by the state, county, or municipality, as the case may be.

(4) Any person, firm, corporation, or entity having or claiming any interest in and to any of the property affected by subsection (2) shall have and is hereby allowed a period of 1 year after the effective date of this subsection, or a period of 7 years after the initial date of regular maintenance or repair of the road, whichever period is greater, to file a claim in equity or with a court of law against the particular governing authority assuming jurisdiction over such property to cause a cessation of the maintenance and occupation of the property. Such timely filed and adjudicated claim shall prevent the dedication of the road to the public pursuant to subsection (2).

(5) This section does not apply to any facility of an electric utility which is located on property otherwise subject to this section.

History.—s. 110, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 23, ch. 74-382; s. 1, ch. 77-174; s. 3, ch. 88-168; s. 529, ch. 95-147; s. 54, ch. 2003-286; s. 14, ch. 2004-366; s. 4, ch. 2022-4.

Note.—Former s. 337.31.

F.S. 95.361 on Google Scholar

F.S. 95.361 on Casetext

Amendments to 95.361

Arrestable Offenses / Crimes under Fla. Stat. 95.361

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.361.

Annotations, Discussions, Cases:

Cases Citing Statute 95.361

Total Results: 20

1000 BRICKELL, LTD., etc. v. CITY OF MIAMI

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-08T00:53:00-07:00

Snippet: Nussbaum, 175 So. 2d 231 (Fla. 2d DCA 1965); §95.361, Fla. Stat. (1974); John S. Burton and Herbert

1000 BRICKELL, LTD., etc. v. CITY OF MIAMI

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-13T00:53:00-07:00

Snippet: Nussbaum, 175 So. 2d 231 (Fla. 2d DCA 1965); §95.361, Fla. Stat. (1974); John S. Burton and Herbert

JOSEPH LEHMANN AND THERESE LEHMANN v. COCOANUT BAYOU ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:00:00-07:00

Citation: 269 So. 3d 599

Snippet: his or her title in the underlying land. See § 95.361, Fla. Stat. (2018) (expressing the current mechanism… was vacated by Sarasota County in 1983. See § 95.361, Fla. Stat. (1983). The trial court did not make…vested it with the Sarasota County. See, e.g., § 95.361, Fla. Stat. (2018); § 341.51, Fla. Stat. (1935

William E. Campbell and Flora D. Campbell v. State of Florida Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-28T00:00:00-07:00

Citation: 267 So. 3d 541

Snippet: Florida Department of Transportation under section 95.361, Florida Statutes. We affirm. …counterclaim to quiet title, arguing that section 95.361, Florida Statutes, had vested all right, title,…2007 at the latest, and that pursuant to section 95.361(1), Florida Statutes, the property vested in the… reviews a trial court’s application of section 95.361, Florida Statutes, de novo, and any factual findings… 2d 949, 953 (Fla. 4th DCA 2008). Section 95.361(1), Florida Statutes, provides that when a road

Pelican Creek v. Pulverenti

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-28T23:53:00-08:00

Snippet: dedication divests the owner of title to the land. § 95.361, Fla. Stat. (2016). A statutory dedication can… map of the dedication and referring to section 95.361 serves as prima facie evidence that the government…dedication on the plat map does not refer to section 95.361, and no other record evidence suggests an intent…conveyance. 2We recognize that section 95.361 references only roads and does not specifically

John Mathers and Brenda Mathers v. Wakulla County, a political subdivision etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-02T00:00:00-07:00

Citation: 219 So. 3d 140, 2017 WL 1655252, 2017 Fla. App. LEXIS 6121

Snippet: statutory-presumed dedication under section 95.361, and section 95.361 may be invoked by private parties, we…Required by section 95.361(2), the trial court rear soned that 1) section 95.361(2) cannot be invoked…use. § 95.361(2), Fla. Stat¡ Because it was enacted so much later than section 95.361(1), no case…ownership of the land.” § 95.361(3), Fla. Stat. Again, there is nothing in section 95.361 requiring that the …section 95.361 cannot be invoked by a private party. However, we see no reason that section 95.361 should

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-06-07T00:53:00-07:00

Snippet: substantially the following question: Whether section 95.361, Florida Statutes, may be utilized to establish… Groves Water Control District. In sum: Section 95.361, Florida Statutes, may not be utilized by a special… on a 1925 plat. You have asked whether section 95.361, Florida Statutes, may be utilized to establish… improvements to proceed without delay. Section 95.361(1), Florida Statutes, provides: "(1) When …Department of Transportation. Nothing in section 95.361, Florida Statutes, extends the presumption of dedication

CHACKAL v. Staples

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-22T00:53:00-07:00

Citation: 991 So. 2d 949

Snippet: owned by Palm Beach County pursuant to section 95.361, Florida Statutes (2001). Having carefully considered…statutory presumed dedication pursuant to section 95.361(1), Florida Statutes (2001), as follows: By operation…operation of Florida Statutes Section 95.361, Palm Beach County has obtained full rights, title, and ownership…. In 2001, when this lawsuit was filed, section 95.361, Florida Statutes, applied only where a road was…constructed" by a governmental entity, as follows: 95.361. Roads presumed to be dedicated (1) When a road

Charity v. Sarasota County

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-25T00:00:00-07:00

Citation: 956 So. 2d 1250, 2007 Fla. App. LEXIS 8173, 2007 WL 1518833

Snippet: road dedication statute, as codified in section 95.361, Florida Statutes. The Property Owners argued that

Pasco v. City of Oldsmar

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-20T00:53:00-07:00

Citation: 953 So. 2d 766

Snippet: presumed to be dedicated to the City under section 95.361(1), Florida Statutes (2004). That statute provides… 700 So.2d 416, 419 (Fla. 2d DCA 1997). Section 95.361 creates a presumption that a road is dedicated …for 4 years" by the governmental entity. § 95.361(1) (emphasis added). The statute is strictly construed…requirements for a presumption of dedication. Section 95.361(1) requires more than occasional, or even periodic…that road was dedicated to county under section 95.361 when "there was an entire absence of evidence

Underwood v. Columbia County

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-22T00:00:00-08:00

Citation: 868 So. 2d 1225, 2004 Fla. App. LEXIS 3530, 2004 WL 546786

Snippet: operation of the state dedication statute. See § 95.361, Florida Statutes (2002).1 Following a bench trial…property. Nothing in the dedication statute, section 95.361, authorizes a court to award a property owner compensation…award to the owner of dedicated property. See § 95.361, Fla. Stat.; Suwannee County v. Garrison, 417 So…, PADOVANO and POLSTON, JJ., concur. . Section 95.361(1) provides, When a road, constructed by a county…dedication, or appropriation to the public use. § 95.361(1), Fla. Stat. (2002) No. 1D02-4947

Hancock v. Tipton

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-18T23:53:00-08:00

Citation: 732 So. 2d 369

Snippet: itself. See Star Island, 433 So.2d at 1003. Section 95.361(1), Florida Statutes (1995), sets out the requirements

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-12-27T23:53:00-08:00

Snippet: dedication to the public by operation of law under s. 95.361(1), Fla. Stat.; or by common law dedication of

State, Department of Transportation v. James

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-23T00:00:00-07:00

Citation: 681 So. 2d 886, 1996 Fla. App. LEXIS 11088, 1996 WL 603654

Snippet: affirmative defense of ownership based on section 95.361, Florida Statutes (1993).1 During the February …that it could not prove compliance with section 95.361. In response, DOT argued that justiciable issues… and whether DOT held title pursuant to section 95.361. The trial court awarded James section 57.105(1… deed before raising a defense based on section 95.361. See Ensign Bank, F.S.B. v. South Florida Warehousing…DOT’s assertions of ownership pursuant to section 95.361 “completely untenable”: DOT concedes that it could

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-10-09T00:53:00-07:00

Snippet: dedication, eminent domain or purchase. See, e.g., s. 95.361, Fla. Stat., providing for statutory dedication

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-09-11T00:00:00-07:00

Citation: 695 So. 2d 731, 1996 Fla. App. LEXIS 10312, 1996 WL 511516

Snippet: appellant’s sentence in Circuit Court Case No. 95-361. AFFIRMING the judgment, VACATING the sentences

LENNAR FLA. HOLDINGS v. First Family Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-01T00:53:00-07:00

Citation: 660 So. 2d 1122

Snippet: FIRST FAMILY BANK, etc., et al., Respondent. No. 95-361. District Court of Appeal of Florida, Fifth District…lis pendens to the Lake County property. 95-361 District Court of Appeal of Florida fladistctapp

SE SEMINOLE CIVIC ASS'N v. Adkins

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-17T00:53:00-07:00

Citation: 604 So. 2d 523

Snippet: dedication (as opposed to a statutory dedication, see §§ 95.361, 177.081, Fla. Stat.). The plaintiffs non-Member

Ward v. State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-25T00:00:00-07:00

Citation: 584 So. 2d 25, 1991 Fla. App. LEXIS 5984

Snippet: question. The Department asserted that under section 95.361, Florida Statutes (1989), and its predecessors,…maintained for the prescribed [four year] period....” § 95.361(1), Flá.Stat. (1989). In order for the Department

Darley v. Marquee Enterprises, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-23T00:53:00-07:00

Citation: 565 So. 2d 715

Snippet: the premises. Appellant argues that under section 95.361(1), Florida Statutes (1987), the parking lot roadway…evidence concerning the applicability of section 95.361(1). Therefore, we hold that the trial court did…not present sufficient evidence to apply section 95.361 as a matter of law, the record does contain disputed… and GLICKSTEIN, J., concur. NOTES [1] Section 95.361, Florida Statutes (1987) provides in pertinent