The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 253
STATE LANDS

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F.S. 253.141

253.141 Riparian rights defined; certain submerged bottoms subject to private ownership.—

(1) Riparian rights are those incident to land bordering upon navigable waters. They are rights of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined by law. Such rights are not of a proprietary nature. They are rights inuring to the owner of the riparian land but are not owned by him or her. They are appurtenant to and are inseparable from the riparian land. The land to which the owner holds title must extend to the ordinary high watermark of the navigable water in order that riparian rights may attach. Conveyance of title to or lease of the riparian land entitles the grantee to the riparian rights running therewith whether or not mentioned in the deed or lease of the upland.

(2) Navigable waters in this state shall not be held to extend to any permanent or transient waters in the form of so-called lakes, ponds, swamps or overflowed lands, lying over and upon areas which have heretofore been conveyed to private individuals by the United States or by the state without reservation of public rights in and to said waters.

(3) The submerged lands of any nonmeandered lake shall be deemed subject to private ownership where the Board of Trustees of the Internal Improvement Trust Fund of Florida conveyed the same more than 50 years ago without any deductions for water and without any reservation for public use and when taxes have been levied and collected on said submerged lands since conveyance by the state.

(4) Where private ownership of submerged bottoms outward from the shore has originated in a Spanish or other land grant approved by the Congress specifically describing an area in which was included navigable water, or by patent out of the United States prior to the date on which Florida became a state likewise containing a description including navigable water, or upon a valid conveyance out of the state, the submerged land included in such grant, patent, or conveyance shall be subject to taxes lawfully imposed.

History.—ss. 1, 2, ch. 28262, 1953; s. 2, ch. 61-119; s. 31, ch. 82-226; s. 200, ch. 85-342; s. 140, ch. 95-148.

Note.—Former ss. 192.61(1)-(4), 271.09, 197.315(3), 197.228.

F.S. 253.141 on Google Scholar

F.S. 253.141 on Casetext

Amendments to 253.141

Arrestable Offenses / Crimes under Fla. Stat. 253.141

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 253.141.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. WHETSTONE, v. CITY OF ST. AUGUSTINE,, 186 So. 3d 34 (Fla. Dist. Ct. App. 2016)

. . . .” § 253.141(1), Fla. Stat. (2012). . . .

R. MILDENBERGER, C. O. A. K. T. C. D. E. Jr. S. J. C. D. N. V. A. S. H. Jr. T. F. S. Jr. P. R. v. UNITED STATES,, 643 F.3d 938 (Fed. Cir. 2011)

. . . Claimants also cite Florida statute § 253.141(1) (previously numbered § 197.228 (1983)) describing riparian . . .

R. MILDENBERGER, C. O. A. K. T. C. D. E. Jr. S. J. C. D. N. V. A. S. H. Jr. T. F. S. Jr. P. R. v. UNITED STATES,, 643 F.3d 938 (Fed. Cir. 2011)

. . . Claimants also cite Florida statute § 253.141(1) (previously numbered § 197.228 (1983)) describing riparian . . .

WALTON COUNTY, v. STOP BEACH RENOURISHMENT, INC. v., 998 So. 2d 1102 (Fla. 2008)

. . . See 476 So.2d at 651-52; see also § 253.141(1), Fla. . . . Washington, 389 U.S. 290, 293-94, 88 S.Ct. 438, 19 L.Ed.2d 530 (1967)); see also § 253.141(1), Fla. . . . Const; § 253.141(1), Fla. Stat. (2005); § 161.141, Fla. . . . State Road Dep’t of Fla., 213 So.2d 23, 27-28 (Fla. 4th DCA 1968); § 253.141(1), Fla. Stat. (2005). . . . Const; §§ 161.211(2)-(3), 253.141(1), Fla. Stat. (2005). . . .

SAVE OUR BEACHES, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 27 So. 3d 48 (Fla. Dist. Ct. App. 2006)

. . . Section 253.141(1), Florida Statutes (2005) describes riparian rights: (1) Riparian rights are those . . . ordinary high water mark in order to possess riparian rights,” citing Florida Statutes including section 253.141 . . . See also § 253.141(1), Fla. . . .

CITY OF TALLAHASSEE, v. J. R. Sr. J. M., 771 So. 2d 587 (Fla. Dist. Ct. App. 2000)

. . . The City’s reliance on the definition of “riparian rights” found in section 253.141, Florida Statutes . . .

R. TEWKSBURY, Jr. E. a v. CITY OF DEERFIELD BEACH, a L. R., 763 So. 2d 1071 (Fla. Dist. Ct. App. 1999)

. . . Department of Transp., 476 So.2d 649, 651 (Fla.1985); see also § 253.141(1), Fla. . . .

TEAT, v. CITY OF APALACHICOLA,, 738 So. 2d 413 (Fla. Dist. Ct. App. 1999)

. . . See §§ 253.12, 253.1221, and 253.141, Florida Statutes (1997). . . .

SECRET OAKS OWNER S ASSOCIATION, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 704 So. 2d 702 (Fla. Dist. Ct. App. 1998)

. . . See § 253.141, Florida Statutes. . . . The D.E.P. relies on section 253.141, Florida Statutes (1995), which provides: Riparian rights defined . . .

A. REYNOLDS, J. D. L. J. J. v. COUNTY OF VOLUSIA,, 659 So. 2d 1186 (Fla. Dist. Ct. App. 1995)

. . . Carbonell, 532 So.2d 746 (Fla. 3d DCA 1988); § 253.141(1), Fla.Stat. (1991). . Bonifay v. . . .

TAYLOR, v NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT THE STATE OF FLORIDA, 32 Fla. Supp. 2d 41 (Fla. Cir. Ct. 1988)

. . . Florida Statute Section 253.141(1). . . . Florida Statute Section 253.141(1). . . .

HAYNES, v. CARBONELL, a, 532 So. 2d 746 (Fla. Dist. Ct. App. 1988)

. . . . § 253.141, Fla.Stat. (1985). . . .