Florida Statutes
Fla. Stat. § 336.09 (2025)
Closing and abandonment of roads; authority.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
336.09 Closing and abandonment of roads; authority.—
(1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the Federal Government, or upon petition of any person or persons, are hereby authorized and empowered to:
(a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the county and the public in and to any land in connection therewith;
(b) Renounce and disclaim any right of the county and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highway; and
(c) Renounce and disclaim any right of the county and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway.
(2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the authority granted in this section.
History.—s. 49, ch. 29965, 1955.
Notes of Decisions
Cited in 5
cases, 1958–1991 · leading case: Wedner v. Escambia Chem. Corp., 102 So. 2d 631 (Fla. 1st DCA 1958).
Wedner v. Escambia Chem. Corp., 102 So. 2d 631 (Fla. 1st DCA 1958). “1053, now F.S.A. §§ 336.09-336.12; Islenworth Grove Co.”
Bouldin v. Okaloosa Cnty., 580 So. 2d 205 (Fla. 1st DCA 1991). “Section 336.09 provides in pertinent part: (1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon petition of any person or…”
Seaside Props., Inc. v. State Road Dep't, 190 So. 2d 391 (Fla. 3d DCA 1966). “* * * A highway cannot be permanently closed or discontinued by the public authorities without compliance with the procedure prescribed by statute, or by public officials zvho do not possess authority for such purpose.”
Linning v. Bd. of Cnty. Commissioners, 176 So. 2d 350 (Fla. 1st DCA 1965). “Because of the failure of the complaint in the case sub judice to allege facts sufficient to show that the action of the Board of County Commissioners here assualted has caused appellants an injury different in kind and degree from that sustained by other members of the…”
Ecological Dev., Inc. v. Walton Cnty., 558 So. 2d 1069 (Fla. 1st DCA 1990). “1 Clearly, the county had the authority to vacate or abandon the roads altogether under section 336.09, Florida Statutes, which provides, in part, that [county] commissioners, with respect to property under their control, .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.