161.191
Vesting of title to lands.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
161.191 Vesting of title to lands.—
(1) Upon the filing of a copy of the board of trustees’ resolution and the recording of the survey showing the location of the erosion control line and the area of beach to be protected as provided in s. 161.181, title to all lands seaward of the erosion control line shall be deemed to be vested in the state by right of its sovereignty, and title to all lands landward of such line shall be vested in the riparian upland owners whose lands either abut the erosion control line or would have abutted the line if it had been located directly on the line of mean high water on the date the board of trustees’ survey was recorded.
(2) Once the erosion control line along any segment of the shoreline has been established in accordance with the provisions of ss. 161.141-161.211, the common law shall no longer operate to increase or decrease the proportions of any upland property lying landward of such line, either by accretion or erosion or by any other natural or artificial process, except as provided in s. 161.211(2) and (3). However, the state shall not extend, or permit to be extended through artificial means, that portion of the protected beach lying seaward of the erosion control line beyond the limits set forth in the survey recorded by the board of trustees unless the state first obtains the written consent of all riparian upland owners whose view or access to the water’s edge would be altered or impaired.
History.—s. 6, ch. 70-276; s. 1, ch. 70-439; s. 3, ch. 79-233.
Notes of Decisions
Cited in 5
cases, 1971–2008 · leading case: Walton County v. Stop Beach Renourishment
Walton County v. Stop Beach Renourishment (2008)
“201 of the Act, are an inadequate substitute for the upland owners' common law littoral rights that are eliminated by section 161.191. The First District agreed the Act divests upland owners of their littoral right to receive accretions and relictions because section 161.”
Save Our Beaches, Inc. v. Florida Department of Environmental Protection (2006)
“§ 161.191, Fla. Stat. (2005) (emphasis added).”
Hillsboro Island House Condominium Apartments, Inc. v. Town of Hillsboro Beach (1972)
“” They also point out that under Fla.Stat. § 161.191, F.S.A., title to improved beach land is divided between the upland owners and the State; furthermore, the Town itself owns no property along the shore.”
Wallace Corp. v. City of Miami Beach (2001)
“See § 161.191(1), Fla. Stat. (1997); see also § 161.”
Trustees of Internal Improvement Fund v. Madeira Beach Nominee, Inc. (1971)
“” §161.191 of the statutes appears to vest in the state previously privately held riparian rights without paying compensation.”
— 161.191(1) — 3 cases
Walton County v. Stop Beach Renourishment (2008)
“201 of the Act, are an inadequate substitute for the upland owners' common law littoral rights that are eliminated by section 161.191. The First District agreed the Act divests upland owners of their littoral right to receive accretions and relictions because section 161.”
Save Our Beaches, Inc. v. Florida Department of Environmental Protection (2006)
“§ 161.191, Fla. Stat. (2005) (emphasis added).”
Wallace Corp. v. City of Miami Beach (2001)
“See § 161.191(1), Fla. Stat. (1997); see also § 161.”
— 161.191(2) — 2 cases
Walton County v. Stop Beach Renourishment (2008)
“201 of the Act, are an inadequate substitute for the upland owners' common law littoral rights that are eliminated by section 161.191. The First District agreed the Act divests upland owners of their littoral right to receive accretions and relictions because section 161.”
Save Our Beaches, Inc. v. Florida Department of Environmental Protection (2006)
“§ 161.191, Fla. Stat. (2005) (emphasis added).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.