Florida Statutes

Fla. Stat. § 255.22 (2025)

Reconveyance of lands not used for purpose specified.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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255.22 Reconveyance of lands not used for purpose specified.
(1) In the event any party owning adjoining land conveys real property, without receipt of valuable consideration, to any municipality or county for a specific purpose or use and if such county or municipality fails to use such property for such purpose for a period of 60 consecutive months or, with respect to property conveyed on or after October 1, 1984, fails to use such property for such purpose for a period of 60 consecutive months or identify during the 60-month period the proposed use of such property in a comprehensive plan or other public facilities plan, then, upon written demand of the grantor, or grantor’s successors in title owning such adjoining land, the municipality or county may execute and deliver a quitclaim deed to the party making such demand provided such party is the owner of land adjoining such property on at least one side. No such quitclaim deed shall be delivered hereunder unless the specific purpose or use to be made of the property was disclosed to the grantee at the time of delivery of the conveyance or appeared in the conveyance or in an official record of the county; provided, however, that as to any such conveyance after July 1, 1967, the specific purpose or use must appear of record.
(2) In the event the purpose for which the property was conveyed required physical improvement or construction on such property or the maintenance thereof, any such municipality or county that fails to construct, improve, or maintain such property for the period specified in subsection (1) shall be conclusively deemed to have abandoned the property for the purpose for which it was conveyed, unless, with respect to property conveyed on or after October 1, 1984, the proposed use of such property has been identified in a comprehensive plan or other public facilities plan of the municipality or county during the 60-month period specified in subsection (1).
History.ss. 1, 2, ch. 67-383; ss. 1, 2, 3, ch. 84-366; s. 42, ch. 93-164; s. 3, ch. 94-175; s. 3, ch. 95-297; s. 16, ch. 95-310.
Note.Consolidation of s. 255.22 and former s. 255.23.
Notes of Decisions
Cited in 4 cases, 1981–1999 · leading case: JC Vereen & Sons, Inc. v. City of Miami, 397 So. 2d 979 (Fla. 3d DCA 1981).
JC Vereen & Sons, Inc. v. City of Miami, 397 So. 2d 979 (Fla. 3d DCA 1981). · cites it 3× “Vereen is entitled to reconveyance under Section 255.22 only if he proves (a) he conveyed the land to the City without receipt of valuable consideration, (b) the city failed to use such property for the specific purpose dedicated for a period of sixty consecutive months, and (c)…”
Feather v. Donaldson, 481 So. 2d 937 (Fla. 5th DCA 1985). · cites it 5× “Section 255.22, Florida Statutes (1983), states as follows: Reconveyance of lands not used for purpose specified.”
State, Dep't of Transp. v. Boat Ctr., Inc., 726 So. 2d 404 (Fla. 4th DCA 1999). · cites it 5× “See § 255.22, Fla. Stat. (1997) (effective date May 15, 1995).”
State Dep't of Transp. v. B & C Foods, Inc., 687 So. 2d 4 (Fla. 4th DCA 1996). · cites it 3× “We affirm the declaratory judgment requiring the City of Fort Lauderdale to reeonvey the easement at issue to McDonald’s Corporation pursuant to section 255.22, Florida Statutes (Supp.1994).”
— 255.22(5) — 1 case
State Dep't of Transp. v. B & C Foods, Inc., 687 So. 2d 4 (Fla. 4th DCA 1996). “We affirm the declaratory judgment requiring the City of Fort Lauderdale to reeonvey the easement at issue to McDonald’s Corporation pursuant to section 255.22, Florida Statutes (Supp.1994).”
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