Florida Statute 161.141 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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F.S. 161.141

161.141 Property rights of state and private upland owners in beach restoration project areas.—The Legislature declares that it is the public policy of the state to cause to be fixed and determined, pursuant to beach restoration, beach nourishment, and erosion control projects, the boundary line between sovereignty lands of the state bordering on the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida, and the bays, lagoons, and other tidal reaches thereof, and the upland properties adjacent thereto; except that such boundary line shall not be fixed for beach restoration projects that result from inlet or navigation channel maintenance dredging projects unless such projects involve the construction of authorized beach restoration projects. However, prior to construction of such a beach restoration project, the board of trustees must establish the line of mean high water for the area to be restored; and any additions to the upland property landward of the established line of mean high water which result from the restoration project remain the property of the upland owner subject to all governmental regulations and are not to be used to justify increased density or the relocation of the coastal construction control line as may be in effect for such upland property. The resulting additions to upland property are also subject to a public easement for traditional uses of the sandy beach consistent with uses that would have been allowed prior to the need for the restoration project. It is further declared that there is no intention on the part of the state to extend its claims to lands not already held by it or to deprive any upland or submerged land owner of the legitimate and constitutional use and enjoyment of his or her property. If an authorized beach restoration, beach nourishment, and erosion control project cannot reasonably be accomplished without the taking of private property, the taking must be made by the requesting authority by eminent domain proceedings. In any action alleging a taking of all or part of a property or property right as a result of a beach restoration project, in determining whether such taking has occurred or the value of any damage alleged with respect to the owner’s remaining upland property adjoining the beach restoration project, the enhancement, if any, in value of the owner’s remaining adjoining property of the upland property owner by reason of the beach restoration project shall be considered. If a taking is judicially determined to have occurred as a result of a beach restoration project, the enhancement in value to the owner’s remaining adjoining property by reason of the beach restoration project shall be offset against the value of the damage, if any, resulting to such remaining adjoining property of the upland property owner by reason of the beach restoration project, but such enhancement in the value shall not be offset against the value of the property or property right alleged to have been taken. If the enhancement in value shall exceed the value of the damage, if any, to the remaining adjoining property, there shall be no recovery over against the property owner for such excess.

History.—s. 1, ch. 70-276; s. 1, ch. 79-233; s. 1, ch. 82-144; s. 7, ch. 86-138; s. 18, ch. 87-97; ss. 28, 487, ch. 94-356; s. 1439, ch. 95-147; s. 11, ch. 2000-346; s. 3, ch. 2007-99.

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Amendments to 161.141

Arrestable Offenses / Crimes under Fla. Stat. 161.141

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.141.

Annotations, Discussions, Cases:

Cases Citing Statute 161.141

Total Results: 9

Board of Trustees v. Walton County

Court: District Court of Appeal of Florida | Date Filed: 2013-09-23

Citation: 121 So. 3d 1166, 2013 WL 5302580, 2013 Fla. App. LEXIS 15067

Snippet: plaintiffs sought a declaration that sections 161.141 and 161.191, Florida Statutes (2004), are unconstitutional

Walton County v. Stop Beach Renourishment

Court: Supreme Court of Florida | Date Filed: 2008-09-29

Citation: 998 So. 2d 1102, 2008 WL 4381126

Snippet: eminent domain proceeding as required by section 161.141, Florida Statutes. Id. The First District remanded

Save Our Beaches, Inc. v. Florida Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2006-07-03

Citation: 27 So. 3d 48, 2006 WL 1112700

Snippet: erosion control line required by statute. Section 161.141 provides: The Legislature declares that it is the

Wallace Corp. v. City of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 2001-09-11

Citation: 793 So. 2d 1134, 2001 Fla. App. LEXIS 12839, 2001 WL 1033585

Snippet: fixed in accordance with the provisions of ss. 161.141-161.211, except such structures required for the

South Lake Worth Inlet Dist. v. Ocean Ridge

Court: District Court of Appeal of Florida | Date Filed: 1994-02-23

Citation: 633 So. 2d 79

Snippet: In particular it adopted what became section 161.141(1), which included the following statement of general

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Court: Florida Attorney General Reports | Date Filed: 1989-03-29

Snippet: determined in according with the provisions of ss.161.141-161.211 which represents the landward extent of

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-08-14

Snippet: responsible for the balance of such costs. Section 161.141(1), F.S., as amended by s. 7, Ch. 86-138, Laws

Town of Indialantic v. McNulty

Court: District Court of Appeal of Florida | Date Filed: 1981-04-29

Citation: 400 So. 2d 1227, 1981 Fla. App. LEXIS 19391

Snippet: Fla.L. Rev. 383, 385 n. 19 (1978). [13] Section 161.141, Florida Statutes (1979) also makes a finding:

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-08-10

Snippet: upland owner or lessee who by operation of ss. 161.141-161.211 ceases to be a holder of title to the mean