161.051
Coastal construction by persons, firms, corporations, or local authorities.
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161.051 Coastal construction by persons, firms, corporations, or local authorities.—Where any person, firm, corporation, county, municipality, township, special district, or any public agency shall construct and install projects when permits have been properly issued, such works and improvements shall be the property of said person, firm, corporation, county, municipality, township, special district, or any public agency where located, and shall thereafter be maintained by and at the expense of said person, firm, corporation, county, municipality, township, special district, or other public agency. No grant under this section shall affect title of the state to any lands below the mean high-water mark, and any additions or accretions to the upland caused by erection of such works or improvement shall remain the property of the state if not previously conveyed. The state shall in no way be liable for any damages as a result of erections of such works and improvements, or for any damages arising out of construction, reconstruction, maintenance, or repair thereof, or otherwise arising on account of such works or improvements.
History.—s. 1, ch. 65-408.
Notes of Decisions
Cited in 6
cases, 1971–1987 · leading case: BD. OF TRUSTEES OF INTERNAL IMP. TR. FUND v. Sand Key Assoc.
BD. OF TRUSTEES OF INTERNAL IMP. TR. FUND v. Sand Key Assoc. (1987)
“2d DCA 1984), in which the district court upheld the constitutionality of section 161.051, Florida Statutes (1981), determined that it did not apply to the accreted land of the waterfront property owned by Sand Key Associates, and certified the following question as one of great…”
Sand Key Assoc. v. BOARD OF TRUSTEES, ETC. (1984)
“We are concerned here with determining the owner of accreted land and the constitutionality of section 161.051, Florida Statutes (1981).”
BOARD OF TRUSTEES, ETC. v. Medeira Beach Nom., Inc. (1973)
“Finally, the state urges a retroactive application to Florida Statute § 161.051, F.S.A. which purports to vest title to accretions caused by public works in the state.”
Board of Trustees v. Sand Key Associates, Ltd. (1986)
“However, recognizing that the legislative intent of section 161.051 was not clear, we certified the following question to our supreme court as one of great public importance: PURSUANT TO SECTION 161.”
Board of Trustees of the Internal Improvement Trust Fund v. Sand Key Associates, Ltd. (1987)
“In approving the district court decision in Sand Key I, we held that section 161.051, Florida Statutes (1981), did not entitle the state to claim title to accreted land of an upland owner who did not participate in an improvement that caused the accretion; we concluded the…”
Trustees of Internal Improvement Fund v. Madeira Beach Nominee, Inc. (1971)
“The state has suggested credence must be given to §161.051, Florida Statutes, which specifies that “any additions or accretions to the upland caused by the erection of such works or improvements” under permit from the state or by it “shall remain the property of the state if not…”
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