253.37

Survey to be made; sale of lands; preference to buyers.

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253.37 Survey to be made; sale of lands; preference to buyers.—When it shall be brought to the attention of the Board of Trustees of the Internal Improvement Trust Fund that such lands exist as are defined in s. 253.36, the board may cause a survey of the same to be made, which survey shall be connected with the surveys of the United States Government, or other surveys adjoining such lands, as far as may be practicable, and shall be made in conformity with the rules and regulations prescribed by the Department of the Interior for making federal surveys. When such surveys have been completed and, with the plats thereof, have been filed in the office of the said board, the board may proceed to sell and convey the said lands so surveyed in the same manner that other swamp and overflowed lands are sold and disposed of; provided, that in making sales of such land the board shall give first right to purchase to any adjacent owner thereof who desires to complete or square up any fractional section now owned by him or her or to any person who has settled on, or preempted the same, in amounts not exceeding 80 acres; and, provided further, that any and all other such lands as are covered hereby shall be sold by the board to bona fide settlers in amounts not exceeding 80 acres to each settler.

History.—s. 2, ch. 7891, 1919; CGL 1426; s. 2, ch. 61-119; ss. 27, 35, ch. 69-106; s. 141, ch. 95-148.

Notes of Decisions

Cited in 2 cases, 1962–1965 · leading case: Conoley v. Naetzker

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Conoley v. Naetzker (1962) fladistctapp “Section 253.37, F.S.A., confers upon the Trustees the power to dispose of such lands and further provides: "* * * [T]hat in making sales of such land the trustees shall give first right to purchase to any adjacent owner thereof who desires to complete or square up any fractional…”

Padgett v. Central & Southern Fla. Flood Con. Dist. (1965) fladistctapp “" Section 2 (Section 253.37, Fla.Stats., F.S.A.) authorized the Trustees to cause such lands to be surveyed and, subject to certain provisos, authorized the Trustees to sell them "in the same manner that other swamp and overflowed lands are now sold and disposed of.”

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