Florida Statute 298.41 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.41

298.41 Taxes and costs a lien on land against which taxes levied; subdistricts.—

(1) All drainage taxes provided for in this chapter, together with all penalties for default in payment of the same, all costs in collecting the same, including a reasonable attorney’s fee fixed by the court and taxed as costs in the action brought to enforce payment, shall, from the date of assessment thereof until paid, constitute a lien of equal dignity with the liens for state and county taxes, and other taxes of equal dignity with state and county taxes, upon all the lands against which such taxes shall be levied as is provided in this chapter.

(2) If any district, organized or established under the provisions of this chapter, shall be within the boundaries of a district theretofore established under the laws of this state, the district last organized and established shall be designated as a subdistrict, and the lien for taxes assessed or levied for the purpose of such subdistrict, with the penalties for default in the payment thereof and all costs incurred, shall be a lien of equal dignity with the lien for drainage taxes assessed or levied for the district first established. A sale of any of the lands within a district for state and county or other taxes shall not operate to relieve or release the lands so sold from the lien for subsequent installments of drainage taxes, which lien may be enforced as against such lands as though no such sale thereof had been made.

History.—s. 22, ch. 6458, 1913; RGS 1119; s. 1, ch. 9129, 1923; s. 2, ch. 12040, 1927; CGL 1472; s. 18, ch. 72-291; s. 19, ch. 79-5.

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Amendments to 298.41

Arrestable Offenses / Crimes under Fla. Stat. 298.41

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.41.

Annotations, Discussions, Cases:

Cases Citing Statute 298.41

Total Results: 16

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-09-14

Snippet: 9 See s. 298.01, Fla. Stat. 10 See ss. 298.349, 298.41, 298.54, and 298.47, Fla. Stat. 11 See, Turnberry

State v. Musselwhite

Court: District Court of Appeal of Florida | Date Filed: 1981-07-29

Citation: 402 So. 2d 1235

Snippet: correct. See Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647 (1921). However, the United

Tsavaris v. Scruggs

Court: Supreme Court of Florida | Date Filed: 1977-03-17

Citation: 360 So. 2d 745

Snippet: authority of Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647 (1921) which condemned

Bankhead Welding Service, Inc. v. Florida East Coast Railway Co.

Court: District Court of Appeal of Florida | Date Filed: 1970-11-10

Citation: 240 So. 2d 648, 1970 Fla. App. LEXIS 5639

Snippet: Florida Power & Light Co., Fla.App.1964, 162 So.2d 298; 41 Am.Jur.2d Indemnity § 16; and 27 Am.Jur. Indemnity

Carter v. State

Court: District Court of Appeal of Florida | Date Filed: 1970-09-01

Citation: 238 So. 2d 681, 1970 Fla. App. LEXIS 6037

Snippet: also held in Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647 (1921) that a place of

Hajdu v. State

Court: District Court of Appeal of Florida | Date Filed: 1966-08-02

Citation: 189 So. 2d 230

Snippet: is cited in Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647, when Justice Clarke of

State v. Mach

Court: District Court of Appeal of Florida | Date Filed: 1966-06-10

Citation: 187 So. 2d 918, 1966 Fla. App. LEXIS 5033

Snippet: 179, and Gouled v. United States, 1921, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647. Notice of appeal followed

Ware v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 1961-07-27

Citation: 132 So. 2d 446

Snippet: not applicable in the face of the provision of § 298.41, Fla.Stat., F.S.A., which provides that all drainage

Kostecos v. Johnson

Court: Supreme Court of Florida | Date Filed: 1956-02-03

Citation: 85 So. 2d 594

Snippet: district tax liens were of equal dignity. See Section 298.41, Florida Statutes, F.S.A.; Sections 19 and 21,

State Ex Rel. Byer v. Willard

Court: Supreme Court of Florida | Date Filed: 1951-08-24

Citation: 54 So. 2d 179, 1951 Fla. LEXIS 1701

Snippet: leading case of Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 265, 65 L.Ed. 647, on a similar set

Marsh v. Dunwody

Court: Supreme Court of Florida | Date Filed: 1944-07-25

Citation: 19 So. 2d 64, 154 Fla. 738, 1944 Fla. LEXIS 806

Snippet: foreclosing for past due drainage taxes. See Sec. 298.41 Florida Statutes, 1941. Clearly, cognizance had

Ideal Farms Drainage District v. Certain Lands

Court: Supreme Court of Florida | Date Filed: 1944-05-09

Citation: 19 So. 2d 234, 154 Fla. 554, 1944 Fla. LEXIS 760

Snippet: per month until paid. Section 298.41, supra, in part, provides: "298.41. Taxes and Costs a Lien on Land

Baldwin Drainage District v. MacClenny Turpentine Co.

Court: Supreme Court of Florida | Date Filed: 1944-04-04

Citation: 18 So. 2d 792, 154 Fla. 525, 1944 Fla. LEXIS 755

Snippet: of Florida, Acts of 1927, F.S.A., Sec. 298.36, 298.41, 298.47,298.51, and at a time when Chapter 6458

State v. Patterson

Court: Supreme Court of Florida | Date Filed: 1942-10-02

Citation: 9 So. 2d 794, 152 Fla. 249, 1942 Fla. LEXIS 741

Snippet: Secretary and become a permanent record therein. Sec. 298.41, formerly Sec. 22, Chap. 6458, Laws of Florida

Thurman v. State

Court: Supreme Court of Florida | Date Filed: 1934-09-10

Citation: 156 So. 484, 116 Fla. 426, 1934 Fla. LEXIS 1078

Snippet: United States in Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed., 647, was cited. We might note

Atz v. Andrews

Court: Supreme Court of Florida | Date Filed: 1922-06-30

Citation: 84 Fla. 43, 94 So. 329

Snippet: United States, (Gouled v. United States, 255 U. S. 298, 41 Sup. Ct. Rep. 261; Amos v. United States, 255 U