Florida Statutes

Fla. Stat. § 157.01 (2025)

Public ditch, drain or canal.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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157.01 Public ditch, drain or canal.—Whenever it shall be deemed necessary or expedient, for sanitary or agricultural purposes or conducive to the public health, convenience or welfare, or public utility, or for the benefit of any lands that are low, wet, submerged or liable to become submerged, to establish a public ditch, drain or canal in any of the counties of this state by a majority of those owning the lands through which such proposed ditch, drain or canal shall run or by those owning the greater part of the lands through which such proposed ditch, drain or canal shall run, and by a majority of those owning lands or by those owning the greater part of the lands contiguous thereto, that are benefited by such ditch, drain or canal, the majority of those owning such lands or those owning the greater part of such lands as aforesaid, shall present a petition to the county commissioners of the county in which such ditch, drain or canal is to be located, with a plat of said lands, showing the general course of such proposed ditch, drain or canal, setting forth the cause for the same, its length and the lands to be benefited thereby. Upon filing such petition and plat with the county commissioners, they shall lay the same over until the next regular meeting and give notice by publication at least once each week for 2 consecutive weeks, in some newspaper published in the county, of the date when they will consider said petition, citing all persons who may be interested to appear and present any reason why such petition should not be granted.

History.—s. 1, ch. 5035, 1901; GS 950; s. 1, ch. 6457, 1913; s. 1, ch. 6958, 1915; s. 1, ch. 7307, 1917; RGS 1734; CGL 2785; s. 7, ch. 90-279.

Notes of Decisions

Cited in 3 cases, 1961–2011 · leading case: Graves v. Pompano Beach Ex Rel. City Com'n, 74 So. 3d 595 (Fla. 4th DCA 2011).

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Graves v. Pompano Beach Ex Rel. City Com'n, 74 So. 3d 595 (Fla. 4th DCA 2011). · cites it 4× “, CODE ORDINANCES § 157.01 (emphasis added). A "plat" is defined as: A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of…”

Miller v. Florida Inland Navigation Dist., 130 So. 2d 615 (Fla. 1st DCA 1961). · cites it 4× “, now F.S. § 157.01 et seq., F.S.A., brought a petition in eminent domain to acquire a 50-foot right of way over Wilton’s lands, among others, for drainage ditch or canal purposes.”

Graves v. City of Pompano Beach ex rel. City Comm'n, 74 So. 3d 595 (Fla. 4th DCA 2011). · cites it 4× “, Code Ordinances § 157.01 (emphasis added). A “plat” is defined as: A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of…”

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