161.201
Preservation of common-law rights.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
161.201 Preservation of common-law rights.—Any upland owner or lessee who by operation of ss. 161.141-161.211 ceases to be a holder of title to the mean high-water line shall, nonetheless, continue to be entitled to all common-law riparian rights except as otherwise provided in s. 161.191(2), including but not limited to rights of ingress, egress, view, boating, bathing, and fishing. In addition the state shall not allow any structure to be erected upon lands created, either naturally or artificially, seaward of any erosion control line fixed in accordance with the provisions of ss. 161.141-161.211, except such structures required for the prevention of erosion. Neither shall such use be permitted by the state as may be injurious to the person, business, or property of the upland owner or lessee; and the several municipalities, counties and special districts are authorized and directed to enforce this provision through the exercise of their respective police powers.
History.—s. 7, ch. 70-276.
Notes of Decisions
Cited in 5
cases, 1972–2008 · leading case: Walton County v. Stop Beach Renourishment
Walton County v. Stop Beach Renourishment (2008)
“See § 161.201. The Act also protects the upland owners' rights to boating, bathing, and fishing.”
Save Our Beaches, Inc. v. Florida Department of Environmental Protection (2006)
“§ 161.201, Fla. Stat. (2005) (emphasis added).”
Flo-Sun, Inc. v. Kirk (2001)
“4th DCA 1994) (applying primary jurisdiction based on chapter 161's regulatory scheme, despite the existence of a cumulative remedy/savings clause codified as section 161.201, Florida Statutes). [5] It is necessary to mention that although usually considered companion doctrines,…”
Wallace Corp. v. City of Miami Beach (2001)
“” § 161.201, Fla. Stat. (1997). Nevertheless, nothing in the statute prevents a structure from serving more than one purpose, although one substantial purpose must be to address a recognized need to prevent erosion.”
Hillsboro Island House Condominium Apartments, Inc. v. Town of Hillsboro Beach (1972)
“Moreover, even though a substantial portion of the improved beach will be within the domain of the sovereign, under Fla.Stat. § 161.201, F.S.A., the Town will exercise its police powers over this improved area.”
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.