Florida Statute 298.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.28

298.28 Watercourses to be connected with drainage of district; connecting drains after completion of plan of drainage.—At the time of the construction, in any district incorporated under this chapter, of the water control plan, all canals, ditches or systems of drainage already constructed in said district and all watercourses shall, if necessary to the drainage of any lands in said district, be connected with and made a part of the works and improvements of the plan of drainage of said district, but no canals, ditches, drains, or systems of drainage constructed in said district, after the completion of the aforesaid plan of drainage of said district, shall be connected therewith, unless the consent of the board of supervisors shall be first had and obtained; which consent shall be in writing and shall particularly describe the method, terms and conditions of such connection, and shall be approved by the chief engineer. Said connection, if made, shall be in strict accord with the method, terms, and conditions laid down in said consent. If the landowners wishing to make such connection are refused by the board of supervisors, or decline to accept the consent granted, the said landowners may file a petition for such connection in the circuit court having jurisdiction in said district, and the matter in dispute shall in a summary manner be decided by said court, which decision shall be final and binding on the district and landowners. No connection with the works or improvements of said plan of drainage of said district, or with any canal, ditch, drain or artificial drainage, wholly within said district, shall be made, caused or affected by any landowners, company or corporation, municipal or private, by means of, or with, any ditch, drain, cut, fill, roadbed, levee, embankment or artificial drainage, wholly without the limits of said district, unless such connection is consented to by the board of supervisors, or in the manner provided for in this chapter.

History.—s. 48, ch. 6458, 1913; RGS 1145; CGL 1502; s. 12, ch. 97-40.

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Amendments to 298.28

Arrestable Offenses / Crimes under Fla. Stat. 298.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.28.

Annotations, Discussions, Cases:

Cases Citing Statute 298.28

Total Results: 4

Pal-Mar Water Management District v. Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 1980-05-28

Citation: 384 So. 2d 232, 1980 Fla. App. LEXIS 16263

Snippet: such land. See, e. g. Sections 298.22, 298.24, 298.28 and 298.62, Florida Statutes. As noted above, Section

Rogers v. North St. Lucie River Drainage District

Court: Supreme Court of Florida | Date Filed: 1949-10-04

Citation: 42 So. 2d 279, 1949 Fla. LEXIS 996

Snippet: system with the canals of the appellee. Section 298.28, F.S.A. was the predicate for his decree. The record

Brown v. North St. Rucie River Drainage District

Court: Supreme Court of Florida | Date Filed: 1942-12-18

Citation: 10 So. 2d 910, 152 Fla. 107, 1942 Fla. LEXIS 713

Snippet: of Sec. 48 of Chapter 6458, Acts 1913, now Sec. 298.28 Fla. Statutes, 1941, as set forth in the Resolution

Rhode v. Gallat

Court: Supreme Court of Florida | Date Filed: 1915-12-16

Citation: 70 Fla. 536, 70 So. 471

Snippet: Hartenbower v. Uden, 242 Ill. 434, 90 N. E. Rep. 298, 28 L. R. A. (N. S.) 738. In which cases it is held