Florida Statute 253.141 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 253.141

Total Results: 16

FLORIDA DEPARTMENT OF TRANSPORTATION v. LAUDERDALE BOAT YARD, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: retained riparian rights after replatting. See § 253.141, Fla. Stat. (2019) (riparian rights “are appurtenant

Colgan v. Shadow Point

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

Snippet: mentioned in the deed or lease of the upland. § 253.141(1), Fla. Stat. (2012) (emphasis added); Teat v.

Whetstone v. City of St. Augustine

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-12T00:00:00-08:00

Citation: 186 So. 3d 34, 2016 Fla. App. LEXIS 1974, 2016 WL 542870

Snippet: incident to land bordering upon navigable waters.” § 253.141(1), Fla. Stat. (2012). The court observed that

Walton County v. Stop Beach Renourishment

Court: Fla. | Date Filed: 2008-09-29T00:00:00-07:00

Citation: 998 So. 2d 1102

Snippet: this State. See 476 So.2d at 651-52; see also § 253.141(1), Fla. Stat. (2005) ("Riparian rights ..…Florida Constitution, our common law, and section 253.141, Florida Statutes. Following Belvedere only a short…high-water mark." (emphasis supplied)); § 253.141(1), Fla. Stat. (2005) ("Riparian rights are… S.Ct. 438, 19 L.Ed.2d 530 (1967)); see also § 253.141(1), Fla. Stat. (2005). The problem with the underlying…449 (1939); see also art. X, § 11, Fla. Const; § 253.141(1), Fla. Stat. (2005); § 161.141, Fla. Stat. (2005

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

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-03T00:00:00-07:00

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

Snippet: common law riparian rights, as defined in Section 253.141, F.S., of upland property owners adjacent to sovereignty…quot; Sand Key Assocs., 512 So.2d at 936. Section 253.141(1), Florida Statutes (2005) describes riparian …quot; citing Florida Statutes including section 253.141). The Florida Coastal Mapping Act of 1974 contains… an unconstitutional taking"). See also § 253.141(1), Fla. Stat. (2005) (stating that riparian rights

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-03-17T23:53:00-08:00

Snippet: rights of adjacent property owners, as defined in s.253.141; 4. Are constructed and used so as to minimize

City of Tallahassee v. J.R.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-11-09T00:00:00-08:00

Citation: 771 So. 2d 587, 2000 Fla. App. LEXIS 14665, 2000 WL 1675996

Snippet: definition of “riparian rights” found in section 253.141, Florida Statutes (1999), is also misplaced, for

Tewksbury v. City of Deerfield Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-17T00:53:00-07:00

Citation: 763 So. 2d 1071

Snippet: Transp., 476 So.2d 649, 651 (Fla. 1985); see also § 253.141(1), Fla. Stat. (1997)("Riparian rights are

Teat v. City of Apalachicola

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-30T00:00:00-07:00

Citation: 738 So. 2d 413, 1999 Fla. App. LEXIS 8646, 1999 WL 436285

Snippet: riparian rights. See §§ 253.12, 253.1221, and 253.141, Florida Statutes (1997). We hold that, under the

Secret Oaks Owner's Ass'n v. DEP

Court: Fla. Dist. Ct. App. | Date Filed: 1998-01-01T23:53:00-08:00

Citation: 704 So. 2d 702

Snippet: holder of a lease of the riparian uplands. See § 253.141, Florida Statutes. Thus, it is the Department'…either case. [5] The D.E.P. relies on section 253.141, Florida Statutes (1995), which provides: Riparian

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Court: Fla. Att'y Gen. | Date Filed: 1996-06-25T00:53:00-07:00

Snippet: 214 (Fla. 2d DCA 1973). 4 Id. at 214. 5 Section 253.141(1), Fla. Stat. (1995), defines "riparian rights

Reynolds v. County of Volusia

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-18T00:53:00-07:00

Citation: 659 So. 2d 1186

Snippet: Carbonell, 532 So.2d 746 (Fla. 3d DCA 1988); § 253.141(1), Fla. Stat. (1991). [6] Bonifay v. Dickson,

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Court: Fla. Att'y Gen. | Date Filed: 1990-05-10T00:53:00-07:00

Snippet: Intracoastal Waterway . . . ." 3 Section 253.141(1), F.S., defines riparian rights for purposes

Haynes v. Carbonell

Court: Fla. Dist. Ct. App. | Date Filed: 1988-10-11T00:53:00-07:00

Citation: 532 So. 2d 746

Snippet: but are inseparable from the riparian land. § 253.141, Fla. Stat. (1985). The 1953 conveyance to Strand

Conklin v. Boyd

Court: Fla. Dist. Ct. App. | Date Filed: 1966-08-11T00:00:00-07:00

Citation: 189 So. 2d 401, 1966 Fla. App. LEXIS 5218

Snippet: .2d 29; Atkins v. Humes, Fla.App.1958, 107 So.2d 253; 141 A.L.R., page 12 and cases cited therein. It is

Levy v. Kirk

Court: Fla. Dist. Ct. App. | Date Filed: 1966-06-07T00:53:00-07:00

Citation: 187 So. 2d 401

Snippet: 29; Atkins v. Humes, Fla.App. 1958, 107 So.2d 253; 141 A.L.R., page 12 and cases cited therein. It is