336.09
Closing and abandonment of roads; authority.
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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 Chemical Corp.
Wedner v. Escambia Chemical Corp. (1958)
“1053, now F.S.A. §§ 336.09-336.12; Islenworth Grove Co.”
Bouldin v. Okaloosa County (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 Properties, Inc. v. State Road Department (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. Board of County Commissioners (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 Development, Inc. v. Walton County (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, .”
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