Florida Statute 338.04 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 338.04

Annotations, Discussions, Cases:

Cases Citing Statute 338.04

Total Results: 13

Palm Beach County v. Tessler

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

Supreme Court of Florida | Filed: Feb 16, 1989 | Docket: 472326

Cited 36 times | Published

both of those decisions involved takings under section 338.04, Florida Statutes (1973), which mandated that

Anhoco Corporation v. Dade County

144 So. 2d 793

Supreme Court of Florida | Filed: Mar 7, 1962 | Docket: 1784292

Cited 27 times | Published

which abutted the land service highway. 3. Section 338.04, Florida Statutes, F.S.A., a part of the limited

State Department of Transportation v. Stubbs

285 So. 2d 1

Supreme Court of Florida | Filed: Jun 27, 1973 | Docket: 1743893

Cited 22 times | Published

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

Division of Administration v. Capital Plaza

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

Supreme Court of Florida | Filed: Apr 16, 1981 | Docket: 1357357

Cited 19 times | Published

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

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

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

District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 1528821

Cited 9 times | Published

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

State Ex Rel. Ervin v. Jacksonville Expressway Authority

139 So. 2d 135

Supreme Court of Florida | Filed: Mar 21, 1962 | Docket: 532923

Cited 9 times | Published

the legislative prescription. In construing Section 338.04, Florida Statutes, F.S.A., a part of the Limited

Florida State Turnpike Authority v. Anhoco Corp.

116 So. 2d 8

Supreme Court of Florida | Filed: Nov 6, 1959 | Docket: 1486509

Cited 9 times | Published

respect the majority seems to conclude that Section 338.04, F.S.A. requires the authorities to condemn

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

381 So. 2d 1090

District Court of Appeal of Florida | Filed: Oct 11, 1979 | Docket: 1757984

Cited 2 times | Published

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

State Road Department v. Lewis

156 So. 2d 862

District Court of Appeal of Florida | Filed: Oct 17, 1963 | Docket: 60216062

Cited 1 times | Published

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

Palm Beach County v. Tessler

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

District Court of Appeal of Florida | Filed: Jan 20, 1988 | Docket: 64632096

Published

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

State Department of Transportation v. ABS, Inc.

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

District Court of Appeal of Florida | Filed: Sep 15, 1976 | Docket: 64554949

Published

Highway 19. We think the court erred and reverse. Section 338.04, F.S.1971, first enacted in 1955, provides

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

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

District Court of Appeal of Florida | Filed: May 23, 1975 | Docket: 64546481

Published

point as there is an alternate source, Fla. Stat. § 338.04 (1973), which empowers the acquisition of property

Canaveral Marine Inc. v. Canaveral Port Authority

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

District Court of Appeal of Florida | Filed: Jan 29, 1971 | Docket: 64519070

Published

simple title. Plaintiff notes that F.S.1967, section 338.-04, F.S.A., provides for the acquisition of property