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Florida Statute 338.04 | Lawyer Caselaw & Research
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F.S. 338.04 Case Law from Google Scholar Google Search for Amendments to 338.04

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION
Chapter 338
LIMITED ACCESS AND TOLL FACILITIES
View Entire Chapter
F.S. 338.04
338.04 Acquisition of property and property rights for limited access facility and service roads.
(1) Authorities may acquire private or public property and property rights for limited access facilities and service roads in the same manner as they are authorized to acquire property or property rights for highways, roads, and streets within their respective jurisdictions.
(2) In acquiring property or property rights for any limited access facility or service road, the authorities may acquire an entire lot, block, or tract of land if the interests of the public will be best served by the authorities’ doing so, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.
History.s. 114, ch. 29965, 1955; s. 175, ch. 84-309.

F.S. 338.04 on Google Scholar

F.S. 338.04 on Casetext

Amendments to 338.04


Arrestable Offenses / Crimes under Fla. Stat. 338.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 338.04.



Annotations, Discussions, Cases:

Cases Citing Statute 338.04

Total Results: 20

Palm Beach County v. Tessler

Court: Fla. | Date Filed: 1989-02-15T23:53:00-08:00

Citation: 538 So. 2d 846

Snippet: those decisions involved takings under section 338.04, Florida Statutes (1973), which mandated that property…the rationale of Stubbs to takings under section 338.04. The Capital Plaza case involved a reduction in

Palm Beach County v. Tessler

Court: Fla. Dist. Ct. App. | Date Filed: 1988-01-20T00:00:00-08:00

Citation: 518 So. 2d 970, 13 Fla. L. Weekly 249, 1988 Fla. App. LEXIS 120, 1988 WL 2252

Snippet: 285 So.2d 1 (Fla.1973). Stubbs held that section 338.04, Florida Statutes (1971) mandates jury consideration

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-12-02T23:53:00-08:00

Snippet: Production Credit Association v. Schirow, 388 So.2d 338 (4 D.C.A.Fla., 1980). Whenever possible, several laws

Division of Admin. v. Ness Trailer Park, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-28T00:53:00-07:00

Citation: 489 So. 2d 1172

Snippet: The taking from Respondents involved a Section 338.04 limited access taking. A part of Respondents'…taken for limited access road purposes, Section 338.04 as construed in the Anhoco case requires consideration…Stubbs to say that severance damages under section 338.04, Florida Statutes (1971), are to be put before …Stubbs holding depends in great part on section 338.04, Florida Statutes, which sets the rules for compensation…sufficient basis for compensation under section 338.04; and that evidence of severance damages should

Williams v. State

Court: Fla. | Date Filed: 1986-05-01T00:53:00-07:00

Citation: 488 So. 2d 62

Snippet: as was done in Nelson v. State, 1941, 148 Fla. 338, 4 So.2d 375. On one hand the testimony sought might

Division of Administration v. Capital Plaza

Court: Fla. | Date Filed: 1981-04-15T23:53:00-08:00

Citation: 397 So. 2d 682

Snippet: not a limited access facility governed by section 338.04. Instead, the instant case concerns alleged damages

Capital Plaza, Inc. v. DIVISION OF ADMIN., ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-10-11T00:53:00-07:00

Citation: 381 So. 2d 1090

Snippet: taken for limited access road purposes, Section 338.04 as construed in the Anhoco case requires consideration…quot;limited access facilities" under Section 338.04, Florida Statutes. In the Stubbs' opinion the…the court said: "In Florida, F.S., Section 338.04, F.S.A., provides for the taking of `private or…quot;limited access facility" under Section 338.04, Florida Statutes. The majority opinion cites Simkins

Peak v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1978-11-06T23:53:00-08:00

Citation: 363 So. 2d 1166

Snippet: So.2d 482 (Fla. 1974); Nelson v. State, 148 Fla. 338, 4 So.2d 375 (1941). See also Bryan v. Wainwright,

State Department of Transportation v. ABS, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1976-09-15T00:00:00-07:00

Citation: 336 So. 2d 1278, 1976 Fla. App. LEXIS 15461

Snippet: . We think the court erred and reverse. Section 338.04, F.S.1971, first enacted in 1955, provides that

Salfi v. Division of Administration, State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1975-05-23T00:00:00-07:00

Citation: 312 So. 2d 781, 1975 Fla. App. LEXIS 14921

Snippet: point as there is an alternate source, Fla. Stat. § 338.04 (1973), which empowers the acquisition of property…incident to a limited access highway. Fla. Stat. § 338.04 (1973). *7832.The proceeding must be dismissed

McNichols v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1974-06-18T00:00:00-07:00

Citation: 296 So. 2d 530, 1974 Fla. App. LEXIS 6971

Snippet: Supreme Court of Florida in Nelson v. State, 148 Fla. 338, 4 So.2d 375 (1941), and the holding of the Court

State Department of Transportation v. Stubbs

Court: Fla. | Date Filed: 1973-06-27T00:53:00-07:00

Citation: 285 So. 2d 1

Snippet: American jurisprudence. In Florida, F.S., Section 338.04, F.S.A., provides for the taking of "private… The taking from Respondents involved a Section 338.04 limited access taking. A part of Respondents'…taken for limited access road purposes, Section 338.04 as construed in the Anhoco case requires consideration

Canaveral Marine Inc. v. Canaveral Port Authority

Court: Fla. Dist. Ct. App. | Date Filed: 1971-01-29T00:00:00-08:00

Citation: 244 So. 2d 764, 1971 Fla. App. LEXIS 7065

Snippet: title. Plaintiff notes that F.S.1967, section 338.-04, F.S.A., provides for the acquisition of property… this section.” (Emphasis supplied.) Therefore, 338.04 (2) is not applicable since S.R. #528 is a toll

Speights v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1971-01-12T00:00:00-08:00

Citation: 244 So. 2d 530

Snippet: Supreme Court’s decision in Nelson v. State, 148 Fla. 338, 4 So.2d 375. Accordingly, the judgment appealed is

Powell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1970-07-23T00:00:00-07:00

Citation: 237 So. 2d 800, 1970 Fla. App. LEXIS 6220

Snippet: 28, 90 L.Ed. 429, and Nelson v. State, 148 Fla. 338, 4 So.2d 375 (1941). JOHNSON, C. J., and CARROLL,

Simpson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1970-05-14T00:00:00-07:00

Citation: 237 So. 2d 341, 1970 Fla. App. LEXIS 6179

Snippet: be without merit. See Nelson v. State, 148 Fla. 338, 4 So.2d 375 (1941). Appellant having failed to demonstrate

Slinsky v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1970-03-05T23:53:00-08:00

Citation: 232 So. 2d 451

Snippet: as was done in Nelson v. State, 1941, 148 Fla. 338, 4 So.2d 375. On one hand the testimony sought might

State Road Department v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 1963-10-17T00:00:00-07:00

Citation: 156 So. 2d 862

Snippet: such the Road Department is required under Section 338.04, F.S., F.S.A., to condemn the consequential rights

Schneider v. State

Court: Fla. | Date Filed: 1963-04-02T23:53:00-08:00

Citation: 152 So. 2d 731

Snippet: 524, 30 So. 816, and Nelson v. State, 148 Fla. 338, 4 So.2d 375. As we are obligated to do by Sec. 924.32

Dickson v. Feiner's Organization, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1963-03-27T00:00:00-08:00

Citation: 155 So. 2d 703, 1963 Fla. App. LEXIS 3436

Snippet: objection thereto. See Nelson v. State, 148 Fla. 338, 4 So.2d, page 375. As to the sufficiency of evidence