Florida Statutes
Fla. Stat. § 704.03 (2025)
“Practicable” defined.
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704.03 “Practicable” defined.—For the purposes of this chapter the word “practicable,” as used in s. 704.01, shall be held and construed to mean “without the use of bridge, ferry, turnpike road, embankment, or substantial fill.”
History.—s. 3, ch. 7326, 1917; RGS 5001; CGL 7090; s. 3, ch. 28070, 1953.
Notes of Decisions
Cited in 13
cases, 1964–2012 · leading case: Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004).
Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004). “" § 704.03, Fla. Stat. (2003). [5] Section 704.”
Krause v. Title & Trust Co. of Florida, 390 So. 2d 805 (Fla. 5th DCA 1980). “…their land, but it was not passable by ordinary passenger vehicles without a substantial amount of clay or rock fill. § 704.03, Fla. Stat. (1979).”
Dixon v. Feaster, 448 So. 2d 554 (Fla. 5th DCA 1984). “Feaster and wife argue that while Route 2 may have been satisfactory for farm use access in 1945 because of its condition, length and location it would now cost much more to fill, stabilize and improve Route 2 than Route 3 and that, therefore, Route 2 is not "practicable" for…”
Dupont v. Whiteside, 721 So. 2d 1259 (Fla. 5th DCA 1998). “" § 704.03, Fla. Stat. Under section 704.01(1), no easement can be inferred from a conveyance that creates no necessity.”
Trammell v. Ward, 667 So. 2d 223 (Fla. 1st DCA 1995). “ Based on public policy, convenience, and necessity, a statutory way of necessity exclusive of any common-law right exists when any land or portion thereof outside any municipality which is being used or desired to be used as a dwelling or for agricultural or for timber raising…”
Walkup v. Becker, 161 So. 2d 893 (Fla. 1st DCA 1964). “" As also quoted above, the word "practicable" is defined in Section 704.03 to mean "without the use of bridge, ferry, turnpike road, embankment or substantial fill.”
Enzor v. Rasberry, 648 So. 2d 788 (Fla. 1st DCA 1994). “1987); F.S. § 704.03 (1993) (defining the term "practicable" as used in 704.”
Franklin v. Boatright, 399 So. 2d 1132 (Fla. 1st DCA 1981). “They further urge that the definition of the word “practicable” in Section 704.03, Florida Statutes (1977), 2 when applied to the facts of this case, is arbitrary, unreasonable and violates their constitutional right to due process and equal protection of the laws.”
Redman v. Kidwell, 180 So. 2d 682 (Fla. 2d DCA 1965). “F.S.A. § 704.03 defines "practicable" as used in F.”
Hoffman v. Laffitte, 564 So. 2d 170 (Fla. 1st DCA 1990). “-01, Florida Statutes (1987), and even provided a definition for the term in Section 704.03, Florida Statutes (1987). Nevertheless, the term chosen to describe the location of a statutory way of necessity was practical, rather than practicable.”
Lykes Bros., Inc. v. Clements, 501 So. 2d 1302 (Fla. 2d DCA 1986). “practicable way of egress_” Section 704.03, Florida Statutes (1985), defines the word “practicable” as meaning without the use of a bridge.”
PGA North II of Florida, LLC v. Div. of Admin., State Dep't of Transp., 126 So. 3d 1150 (Fla. 4th DCA 2012). “…that practicable means " ‘without the.use of bridge, ferry, turnpike road, embankment, or substantial fill.’” § 704.03, Fla. Stat. (2011).”
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