Florida Statutes
Fla. Stat. § 95.361 (2025)
Roads presumed to be dedicated.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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
(c) The state, if it is a road in the State Highway System or State Park Road System,
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
(c) The state, if it is a road in the State Highway System or State Park Road System,
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
(c) The mayor and clerk of the municipality, if the road is a municipal road or street,
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.
Notes of Decisions
Cited in 39
cases (2 in the last 5 years), 1976–2022 · leading case: John Mathers & Brenda Mathers v. Wakulla Cnty., a political subdivision etc., 219 So. 3d 140 (Fla. 1st DCA 2017).
John Mathers & Brenda Mathers v. Wakulla Cnty., a political subdivision etc., 219 So. 3d 140 (Fla. 1st DCA 2017). “Because acceptance is not an element of statutory-presumed dedication under section 95.361, and section 95.361 may be invoked by private parties, we agree and reverse the trial court’s judgment with respect to Counts 1 and 3.”
William E. Campbell & Flora D. Campbell v. State of Florida Dep't of Transp., 267 So. 3d 541 (Fla. 1st DCA 2019). “Appellants appeal the trial court’s final judgment quieting title of the subject property to the Florida Department of Transportation under section 95.361, Florida Statutes. We affirm.”
CHACKAL v. Staples, 991 So. 2d 949 (Fla. 4th DCA 2008). “The Chackals timely appeal the trial court's ruling that a portion of a roadway that borders their property is owned by Palm Beach County pursuant to section 95.361, Florida Statutes (2001). Having carefully considered all of the arguments raised on appeal, we hold that the…”
Joseph Lehmann & Therese Lehmann v. Cocoanut Bayou Ass'n, Inc., 269 So. 3d 599 (Fla. 2d DCA 2019). “See § 95.361, Fla. Stat. (2018) (expressing the current mechanism for accomplishing a statutory dedication); § 341.”
Suwannee Cnty. v. Garrison, 417 So. 2d 1070 (Fla. 1st DCA 1982). “The County appeals an order awarding attorney's fees to appellees, contending that none of the bases for an award of attorney's fees [1] was presented by the County's declaratory judgment action seeking a determination of whether a road across appellees' property had become…”
In Re Jackson, 169 B.R. 742 (Bankr. N.D. Fla. 1994). “They urge that fee title to the land under the roadway was transferred to the County by statutory dedication pursuant to § 95.361, Fla.Stat., and that contiguity is thereby destroyed.”
Pasco v. City of Oldsmar, 953 So. 2d 766 (Fla. 2d DCA 2007). “Section 95.361 creates a presumption that a road is dedicated to the public when it was both constructed by a governmental entity and "maintained or repaired continuously and uninterruptedly for 4 years" by the governmental entity.”
Hodges v. City of Winter Park, 433 So. 2d 1257 (Fla. 5th DCA 1983). “1st DCA 1978), and section 95.361, Florida Statutes. Section 95.”
Pelican Creek v. Pulverenti, 243 So. 3d 467 (Fla. 5th DCA 2018). “§ 95.361, Fla. Stat. (2016). A statutory dedication can occur either when the government constructs and maintains a road continuously for four years or when the government maintains a road, though created by a private entity, for seven years.”
Star Island Assoc. v. City of St. Petersburg Beach, 433 So. 2d 998 (Fla. 2d DCA 1983). “Although arguably those facts may not support a showing of road construction within the meaning of section 95.361, see St. Joe Paper Co. v. St.”
Bonifay v. Dickson, 459 So. 2d 1089 (Fla. 1st DCA 1984). “Section 95.361, Florida Statutes (1977), which establishes a presumption of dedication when a road has been maintained by public authorities for four continuous years, but only to the extent in width that has actually been maintained for the prescribed period, does not limit the…”
City of Live Oak v. Arnold, 468 So. 2d 410 (Fla. 1st DCA 1985). “The city's answer denied any wrongful action, and in addition, asserted four affirmative defenses: (1) sovereign immunity; (2) that Arnold had no legal right to any of the permits; (3) estoppel for failure to pursue a timely appeal from the initial denial; and (4) failure to…”
— 95.361(1) — 13 cases
William E. Campbell & Flora D. Campbell v. State of Florida Dep't of Transp., 267 So. 3d 541 (Fla. 1st DCA 2019). “Appellants appeal the trial court’s final judgment quieting title of the subject property to the Florida Department of Transportation under section 95.361, Florida Statutes. We affirm.”
John Mathers & Brenda Mathers v. Wakulla Cnty., a political subdivision etc., 219 So. 3d 140 (Fla. 1st DCA 2017). “Because acceptance is not an element of statutory-presumed dedication under section 95.361, and section 95.361 may be invoked by private parties, we agree and reverse the trial court’s judgment with respect to Counts 1 and 3.”
Pasco v. City of Oldsmar, 953 So. 2d 766 (Fla. 2d DCA 2007). “Section 95.361 creates a presumption that a road is dedicated to the public when it was both constructed by a governmental entity and "maintained or repaired continuously and uninterruptedly for 4 years" by the governmental entity.”
CHACKAL v. Staples, 991 So. 2d 949 (Fla. 4th DCA 2008). “The Chackals timely appeal the trial court's ruling that a portion of a roadway that borders their property is owned by Palm Beach County pursuant to section 95.361, Florida Statutes (2001). Having carefully considered all of the arguments raised on appeal, we hold that the…”
Hancock v. Tipton, 732 So. 2d 369 (Fla. 2d DCA 1999).
— 95.361(1)(b) — 1 case
Star Island Assoc. v. City of St. Petersburg Beach, 433 So. 2d 998 (Fla. 2d DCA 1983). “Although arguably those facts may not support a showing of road construction within the meaning of section 95.361, see St. Joe Paper Co. v. St.”
— 95.361(2) — 5 cases
John Mathers & Brenda Mathers v. Wakulla Cnty., a political subdivision etc., 219 So. 3d 140 (Fla. 1st DCA 2017). “Because acceptance is not an element of statutory-presumed dedication under section 95.361, and section 95.361 may be invoked by private parties, we agree and reverse the trial court’s judgment with respect to Counts 1 and 3.”
William E. Campbell & Flora D. Campbell v. State of Florida Dep't of Transp., 267 So. 3d 541 (Fla. 1st DCA 2019). “Appellants appeal the trial court’s final judgment quieting title of the subject property to the Florida Department of Transportation under section 95.361, Florida Statutes. We affirm.”
Madden v. Florala Tel. Co., 362 So. 2d 475 (Fla. 1st DCA 1978).
CHACKAL v. Staples, 991 So. 2d 949 (Fla. 4th DCA 2008). “The Chackals timely appeal the trial court's ruling that a portion of a roadway that borders their property is owned by Palm Beach County pursuant to section 95.361, Florida Statutes (2001). Having carefully considered all of the arguments raised on appeal, we hold that the…”
Sun Plaza West Dev. Corp. v. City of Holmes Beach, 465 So. 2d 542 (Fla. 2d DCA 1985).
— 95.361(3) — 1 case
John Mathers & Brenda Mathers v. Wakulla Cnty., a political subdivision etc., 219 So. 3d 140 (Fla. 1st DCA 2017). “Because acceptance is not an element of statutory-presumed dedication under section 95.361, and section 95.361 may be invoked by private parties, we agree and reverse the trial court’s judgment with respect to Counts 1 and 3.”
— 95.361(l)(a) — 1 case
In Re Jackson, 169 B.R. 742 (Bankr. N.D. Fla. 1994). “They urge that fee title to the land under the roadway was transferred to the County by statutory dedication pursuant to § 95.361, Fla.Stat., and that contiguity is thereby destroyed.”
— 95.361(l)(c) — 1 case
State, Dep't of Transp. v. James, 681 So. 2d 886 (Fla. 3d DCA 1996).
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