Florida Statutes
Fla. Stat. § 336.12 (2025)
Closing and abandonment of roads; termination of easement; conveyance of fee.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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336.12 Closing and abandonment of roads; termination of easement; conveyance of fee.—The act of any commissioners in closing or abandoning any such road, or in renouncing or disclaiming any rights in any land delineated on any recorded map as a road, shall abrogate the easement theretofore owned, held, claimed or used by or on behalf of the public and the title of fee owners shall be freed and released therefrom; and if the fee of road space has been vested in the county, same will be thereby surrendered and will vest in the abutting fee owners to the extent and in the same manner as in case of termination of an easement for road purposes.
History.—s. 52, ch. 29965, 1955.
Notes of Decisions
Cited in 4
cases, 1971–2009 · leading case: City of Jacksonville v. Coffield, 18 So. 3d 589 (Fla. 1st DCA 2009).
City of Jacksonville v. Coffield, 18 So. 3d 589 (Fla. 1st DCA 2009). “Section 336.12, Florida Statutes (2006), provides: The act of any commissioners in closing or abandoning any such road, or in renouncing or disclaiming any rights in any land delineated on any recorded map as a road, *592 shall abrogate the easement theretofore owned, held,…”
Emerald Equities, Inc. v. Hutton, 357 So. 2d 1071 (Fla. 2d DCA 1978). “The court ruled that upon abandonment, the county had nothing left to convey, and that under Section 336.12, Florida Statutes (1975), title to the abandoned roadway reverted to the appellees just as if their predecessor had reserved the fee and granted only an easement to the…”
United States v. 16.33 Acres of Land, 537 F.2d 182 (5th Cir. 1976). “rust Company did retain a reversionary interest in the roads, has the dedication of the roads to the use of the public for proper purposes been “discontinued by law,” by (a) the condemnation itself, or (b) the conveyance of Dade County’s interest in the land to the federal…”
Winter Park Pines Dev. Co. v. Kohloss, 244 So. 2d 493 (Fla. 4th DCA 1971). “The majority most erroneously believes that by virtue of Section 336.12, Florida Statutes, F.S.A., a street when vacated must be equally divided between the property owners of the respective opposite sides of the street, irrespective of the fact that the whole street came from…”
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