Florida Statute 338.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 338
LIMITED ACCESS AND TOLL FACILITIES

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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: Supreme Court of Florida | Date Filed: 1989-02-16

Citation: 538 So. 2d 846, 14 Fla. L. Weekly 66, 1989 Fla. LEXIS 95, 1989 WL 12355

Snippet: those decisions involved takings under section 338.04, Florida Statutes (1973), which mandated that property

Palm Beach County v. Tessler

Court: District Court of Appeal of Florida | Date Filed: 1988-01-20

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: Florida Attorney General Reports | Date Filed: 1986-12-03

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: District Court of Appeal of Florida | Date Filed: 1986-05-28

Citation: 489 So. 2d 1172, 11 Fla. L. Weekly 1214

Snippet: The taking from Respondents involved a Section 338.04 limited access taking. A part of Respondents' property

Williams v. State

Court: Supreme Court of Florida | Date Filed: 1986-05-01

Citation: 488 So. 2d 62, 11 Fla. L. Weekly 199

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: Supreme Court of Florida | Date Filed: 1981-04-16

Citation: 397 So. 2d 682, 1981 Fla. LEXIS 2645

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: District Court of Appeal of Florida | Date Filed: 1979-10-11

Citation: 381 So. 2d 1090

Snippet: taken for limited access road purposes, Section 338.04 as construed in the Anhoco case requires consideration

Peak v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-11-07

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: District Court of Appeal of Florida | Date Filed: 1976-09-15

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: District Court of Appeal of Florida | Date Filed: 1975-05-23

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

McNichols v. State

Court: District Court of Appeal of Florida | Date Filed: 1974-06-18

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: Supreme Court of Florida | Date Filed: 1973-06-27

Citation: 285 So. 2d 1

Snippet: American jurisprudence. In Florida, F.S., Section 338.04, F.S.A., provides for the taking of "private or

Canaveral Marine Inc. v. Canaveral Port Authority

Court: District Court of Appeal of Florida | Date Filed: 1971-01-29

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

Speights v. State

Court: District Court of Appeal of Florida | Date Filed: 1971-01-12

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: District Court of Appeal of Florida | Date Filed: 1970-07-23

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: District Court of Appeal of Florida | Date Filed: 1970-05-14

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: District Court of Appeal of Florida | Date Filed: 1970-03-06

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: District Court of Appeal of Florida | Date Filed: 1963-10-17

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: Supreme Court of Florida | Date Filed: 1963-04-03

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

Dickson v. Feiner's Organization, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1963-03-27

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