Meander Line

49 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Martin v. Clarence M. Busch for Clarence M. Busch
  93 Fla. 535· Fla.· 1927-03-15 ·cited 168×
  The Florida Supreme Court reversed a lower court decree awarding complainants land below the ordinary high water mark of Lake Okeechobee. The court held that lands below the ordinary high water mark of a navigable lake are sovereignty lands belonging to the State, not swamp and o
• Broward v. Elbert N. Mabry
  58 Fla. 398· Fla.· 1909-06-01 ·cited 106×
  This case concerns the ownership of submerged lands under Lake Jackson in Florida. The court held that Lake Jackson is navigable for public purposes, and therefore its bed is held by the State in trust for the people, not by private owners. The court reversed the lower court's de
• United States v. Ruby Co.
  588 F.2d 697· 9th Cir.· 1978-11-08 ·cited 73×
  The dissenting judge believes the government's conduct constituted affirmative misconduct, making estoppel applicable against the government.
• Coastal Petroleum Co. v. Am. Cyanamid Co.
  492 So. 2d 339· Fla.· 1986-05-15 ·cited 56×
  The Florida Supreme Court resolved consolidated cases concerning whether 1883 swamp and overflowed lands deeds conveyed sovereignty lands beneath navigable rivers, and whether estoppel or the Marketable Record Title Act divested the state of such lands. The Court held that sovere
• Franc W. Lord v. Curry
  71 Fla. 68· Fla.· 1916-01-26 ·cited 50×
  This ejectment action involves disputed land boundaries in Sarasota, Florida. The court held that an unsurveyed tract of land beyond Government Lot One, which the defendant occupied, was not included in the government patent and therefore not owned by the plaintiff corporation. T
• Fontenelle v. Omaha Tribe OF Nebraska
  430 F.2d 143· 8th Cir.· 1970-08-28 ·cited 34×
  The court held that the United States is an indispensable party and has waived sovereign immunity under 25 U.S.C. § 345 for this quiet title action concerning allotted lands, and that the Omaha Tribe's corporate charter also waives its immunity. The court affirmed the district co
• United States v. 100 Acres OF Land
  468 F.2d 1261· 9th Cir.· 1972-09-25 ·cited 30×
  The court held that the trial court did not abuse its discretion in admitting evidence regarding the 'developer's residual approach' for valuation and evidence of probable use of adjacent tidelands. It also held that claims for interest at a rate higher than statutory and for lit
• Trs. OF the Internal Improvement Fund of Fla. v. Wetstone
  222 So. 2d 10· Fla.· 1969-03-26 ·cited 30×
  This dissenting opinion argues that the lower courts erred in holding an ancient meander line, rather than the line of mean high water, as the boundary between private uplands and state sovereignty lands.
• Lykes Bros., Inc. v. United States Army Corps OF Eng'rs
  64 F.3d 630· 11th Cir.· 1995-09-20 ·cited 27×
  The appellate court affirmed the district court's judgment, holding that Fisheating Creek upstream from Fort Center is not a navigable water body of the United States subject to federal jurisdiction. The court found that the district court's factual findings were not clearly erro
• Bishop v. Ralph A. Johnson and wife
  100 So. 2d 817· Fla. 1st DCA· 1958-02-18 ·cited 24×
  Appellants challenged a summary decree awarding title to a disputed peninsula to appellees. The court held that the official 1849 government survey and plat creating the disputed lots are conclusive and paramount over a later private survey that allegedly showed the peninsula in
• McDOWELL v. Trs. OF The Internal Improvement Fund OF The State OF Fla.
  90 So. 2d 715· Fla.· 1956-11-14 ·cited 24×
  The Florida Supreme Court affirmed an injunction against property owners from dredging Lake Ariana, a navigable, meandered lake whose bottom is owned by the State in trust for public use. The court reversed in part to require the lower court to determine the extent of sovereignty
• Calder v. Hillsboro Land Co.
  122 So. 2d 445· Fla. 2d DCA· 1960-08-05 ·cited 23×
  In this boundary dispute involving government survey lands near Pompano Beach, Florida, the court determined that Lake Placid is the actual water boundary between Government Lots 3 and 4 as established by the original 1870 federal survey, despite the meander line plotted from the
• Trs. OF the Internal Improvement Fund OF the State OF Fla. v. Toffel
  145 So. 2d 737· Fla. 2d DCA· 1962-08-31 ·cited 18×
  The Trustees of Florida's Internal Improvement Fund challenged a quiet title decree awarding 386 acres of riverfront property to a purchaser, contending that a 1942 resurvey correctly established the government's continued ownership of lands omitted from an 1849 original survey.
• Wittmayer et ux. v. United States
  118 F.2d 808· 9th Cir.· 1941-04-08 ·cited 18×
  The court held that the trial court did not err in finding that the accreted land belonged to the government, as the findings were supported by conflicting evidence and not clearly erroneous.
• Cleo M. Bradford and LaJuan Gay Bradford v. United States
  651 F.2d 700· 10th Cir.· 1981-06-08 ·cited 16×
  The court held that the government could not raise a new theory of non-riparian ownership on appeal, and affirmed the lower court's judgment based on established property law principles.
• Walton v. United States
  415 F.2d 121· 10th Cir.· 1969-09-03 ·cited 16×
  The court held that where there is a gross discrepancy between the meander line and the actual water line, the land is considered omitted land, not accreted or relicted land, and ownership remains with the United States.
• Lopez v. Duval M. Smith
  109 So. 2d 176· Fla. 2d DCA· 1959-02-20 ·cited 14×
  This case involves a dispute over the boundary lines of government lots and whether certain islands fall within the appellants' property. The appellants sought to quiet title to islands they claimed were within their fractional government lots, but the trial court dismissed the c
• United States v. Pappas
  814 F.2d 1342· 9th Cir.· 1987-04-13 ·cited 12×
  The court held that the patentee of Lot 2 is entitled to riverfront, and omitted lands should be equitably apportioned based on the original plat's proportions, not including lands owned by non-parties.
• Udall v. Oelschlaeger
  389 F.2d 974· D.C. Cir.· 1968-01-23 ·cited 12×
  The court held that the Interior Department's interpretation of 'line of mean high tide' as the surveyor's meander line was a rational construction of its own order and not beyond the bounds of reason. The court also held that the government was not estopped from denying the pate
• P. M. Parish v. Walter Spence and wife
  149 So. 2d 58· Fla. 1st DCA· 1963-02-14 ·cited 12×
  In this ejectment case, the court reversed a summary judgment that excluded a 1932 government dependent resurvey as evidence, holding that such a resurvey is admissible when it merely reestablishes the original boundaries rather than correcting them. The court also determined tha
• Addis v. Ogden Martin Hoagland
  150 Fla. 694· Fla.· 1942-06-09 ·cited 12×
  Cassandra Addis appealed from a decree quieting title in defendant Hoagland to a disputed five-acre peninsula tract. The Florida Supreme Court affirmed, holding that despite Addis's superior legal title deraigned from an 1888 patent, Hoagland acquired the land through adverse pos
• Jefferson Realty Co. v. Bd. of Comm'rs of Everglades Drainage Dist.
  156 Fla. 141· Fla.· 1945-09-21 ·cited 11×
  Jefferson Realty challenged special assessments levied by Everglades Drainage District on sovereignty lands (lake bottom lands) it purchased from the State. The Florida Supreme Court reversed the lower court's judgment, holding that sovereignty lands below the meander line of Lak
• Theron S. Smith v. United States
  593 F.2d 982· 10th Cir.· 1979-03-13 ·cited 10×
  The court held that while the changes in the riverbed were due to accretion, the substantial amount of land accreted before the patentee's purchase meant the United States, not the patentee, retained ownership of the surface rights to the accreted land.
• Lobean v. Trs. OF THE Internal Improvement Fund of the State of Fla.
  118 So. 2d 226· Fla. 1st DCA· 1960-01-19 ·cited 10×
  O. H. LoBean, who purchased submerged lands from the state through a Murphy Act deed in 1946, sought to enjoin the state Trustees from selling the same lands in 1956. The court held that although the Murphy Act deed was technically void because it involved submerged lands not sub
• MacNamara v. Kissimmee River Valley Sportsmans' Ass'n & Bd. of Trs. of the Internal Improvement Tr. Fund
  648 So. 2d 155· Fla. 2d DCA· 1994-10-14 ·cited 8×
  This case addresses whether a riparian owner can erect a barbed wire fence to exclude the public from a spoil island and vegetated lake bottom in Lake Hatchineha, which are public sovereignty lands held in trust by the State of Florida. The court held that the defendant lacked au
• Trs. OF the Internal Improvement Fund of the State of Fla. v. Wetstone
  209 So. 2d 698· Fla. 2d DCA· 1968-04-24 ·cited 8×
  The court held that the trial court's decree establishing the boundary line was supported by substantial competent evidence and affirmed the decree.
• Leila Thompson Bliss v. Kinsey
  233 So. 2d 191· Fla. 2d DCA· 1970-03-18 ·cited 6×
  The court held that the strip of land between the meander line and the shore line should be apportioned in the same manner as accretion, considering all circumstances of the case.
• United States v. Elliott
  131 F.2d 720· 10th Cir.· 1942-11-09 ·cited 6×
  The court held that the Seneca Nation retained title to Turkey Island, which was east of the center of the non-navigable Grand River, as it was not relinquished under the 1832 treaty, and this title passed to the claimants via mesne conveyances.
• Connery v. Perdido KEY, Inc.
  270 So. 2d 390· Fla. 1st DCA· 1972-11-28 ·cited 4×
  Connery appeals an adverse judgment in an ejectment action concerning title to Perdido Key, an island in the Gulf of Mexico near Pensacola. The court affirmed the trial court's finding that the natural water boundaries (Grand Lagoon to the north and the Gulf of Mexico to the sout
• United States v. Schwarz
  460 F.2d 1365· 7th Cir.· 1972-05-03 ·cited 4×
  The court held that the disputed peninsula passed to the patentee of Lot 4, not Lot 5, and thus appellants could not acquire title by adverse possession under state or federal law due to the land's restricted status and its removal from public lands.
• United States v. Boyd
  458 F.2d 1252· 6th Cir.· 1972-04-25 ·cited 4×
  The patent conveyed title only to the edge of the lake as depicted on the plat, and did not include unsurveyed land or subsequent accretions thereto.
• Bradham v. United States
  168 F.2d 905· 10th Cir.· 1948-07-19 ·cited 4×
  The court held that the deed's unambiguous metes and bounds description controlled, and it did not convey riparian rights or land that would entitle the purchasers to accretions.
• Wolff v. United States
  967 F.2d 222· 6th Cir.· 1992-06-15 ·cited 2×
  A patent of littoral land from the United States to the State of Michigan, under Michigan law, conveyed title to a small, unsurveyed island adjacent to that land, absent any express reservation or prior survey of the island.
• DeBOER v. United States & State of Alaska
  653 F.2d 1313· 9th Cir.· 1981-08-17 ·cited 2×
  The court held that the substantial accretion exception to the general rule that accretions belong to the landowner requires consideration of equitable factors beyond mere quantitative analysis.
• Jones v. Wellman
  223 So. 2d 572· Fla. 4th DCA· 1969-05-27 ·cited 1×
  This case concerns the western boundary of a government lot in Okeechobee County, Florida. The appellate court affirmed the jury's verdict in favor of the defendants but remanded the case to correct a minor inaccuracy in the final judgment's property description.
• Nourachi v. United States
  655 F. Supp. 2d 1215· M.D. Fla.· 2009-08-19
  The court held that the 1937 deed conveyed all of the Savages' property east of the east meander line of Lake Bryant to the United States, including riparian rights, based on the intent of the parties and established surveying principles.
• Albrecht v. United States
  831 F.2d 196· 10th Cir.· 1987-10-06
  The court held that the district court erred in determining gross error based on an aggregate acreage ratio and in using current measurements. The court reversed and remanded for individual comparisons of patented and omitted land for each patent as of the survey date.
• Conner v. Barth
  410 So. 2d 193· Fla. 5th DCA· 1982-02-17
  The Florida District Court of Appeal reversed a trial court's judgment regarding the location of a property boundary, finding the record insufficient to determine the correct location of a government lot's corner. The court remanded the case for further proceedings.
• ST. Joseph Land & Dev. Co. v. The Fla. State Bd. of Trs. of the Internal Improvement Tr. Fund
  365 So. 2d 1084· Fla. 1st DCA· 1979-01-10
  St. Joseph Land and Development Company challenged the trial court's determination that the mean high water line, rather than the meander line shown on the original government survey, forms the boundary between its coastal property and state-owned submerged lands. The appellate c
• Fla. First Nat'l Bank at Key W. v. Trs. of the Internal Improvement Fund
  36 Fla. Supp. 42· Monroe Cty. Cir. Ct.· 1971-07-23
  A trial court determined the boundary line between privately-owned government lots and state sovereignty lands in the Florida Keys. The court held that the original 1873 U.S. survey meander line, rather than the mean high water line, controls the boundary because the natural monu
• Trustee of the Internal v. Nowak
  401 F.2d 708· 5th Cir.· 1968-10-07
  When a surveyor intends to meander a river, and the land's value and survey difficulties make precise measurement impractical, the water itself, not the meander line on the plat, constitutes the boundary, even if a small tract is omitted from the survey.
• Corrigan v. Cato
  206 So. 2d 423· Fla. 4th DCA· 1968-01-25
  Subsequent private plats cannot alter property boundaries established by prior recorded deeds, and the meanderings of a river referenced in those deeds form the boundary.
• Ruyle v. Dolly
  110 So. 2d 467· Fla. 2d DCA· 1959-04-01
  The court affirmed a decree quieting title to lands in the bed of Lake Clarke in the appellees, holding that the appellants' chain of title was invalid because the disputed lands were sovereignty lands that could not be conveyed by the Board of Education or reach private ownershi