Statutory Dedication

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

• State Rd. Dep't of Fla. v. Lewis
  156 So. 2d 862· Fla. 1st DCA· 1963-10-17 ·cited 18×
  In this inverse condemnation action, Lewis sued the State Road Department for taking his property during a 1952 highway widening and 1956 overpass construction without compensation. The court affirmed that the Department took Lewis's property but limited his recovery to special d
• Pa. R. Co. v. City of Girard
  210 F.2d 437· 6th Cir.· 1954-02-11 ·cited 16×
• Star Island Assocs. v. City OF ST. Petersburg Beach
  433 So. 2d 998· Fla. 2d DCA· 1983-05-27 ·cited 15×
  Star Island Associates and Citicorp Real Estate appealed from a summary judgment granting the City of St. Petersburg Beach an easement over Star Island's property to access its sewage treatment plant. The District Court of Appeal reversed and remanded, holding that while the City
• Pasco v. City OF Oldsmar
  953 So. 2d 766· Fla. 2d DCA· 2007-04-20 ·cited 12×
  The Pascos sued the City of Oldsmar after the city paved a road that cut diagonally across their property. The city sought summary judgment based on statutory dedication under Florida law, claiming the road was presumptively dedicated after four years of continuous maintenance. T
• Smith v. City OF Melbourne
  211 So. 2d 66· Fla. 4th DCA· 1968-06-04 ·cited 9×
  Smith obtained property subject to a road right-of-way for Babcock Street. When Melbourne widened the street and took additional property, Smith counterclaimed for inverse condemnation of the 30-foot easement strip. The court affirmed the lower court's judgment against Smith, fin
• Div. OF Admin. State of Fla. Dep't OF Transp. v. Ideal Holding Co. & John R. King
  480 So. 2d 243· Fla. 4th DCA· 1985-12-31 ·cited 6×
  The State of Florida appealed an order awarding attorney's fees and costs to property owners in a condemnation proceeding under Chapter 73, Florida Statutes. The owners successfully defended against the State's condemnation action by filing a counterclaim for inverse condemnation
• Pelican Creek Homeowners, LLC v. Pulverenti
  243 So. 3d 467· Fla. 5th DCA· 2018-02-02 ·cited 5×
  Homeowners appealed a summary judgment that denied their request to remove neighbors' dock and boathouse from property they claimed to own. The court reversed, holding that the homeowners have fee simple title to the canal and drainage easement as abutting landowners to a common
• Lehmann v. Cocoanut Bayou Ass'n, Inc.
  269 So. 3d 599· Fla. 2d DCA· 2019-04-05 ·cited 2×
  The Lehmanns own the disputed parcel in its entirety because title to the portion the trial court awarded to the Association passed to the Lehmanns' predecessors through prior conveyances of abutting lands, either as title subject to public easements (under the abutting-lands pri
• Se. Seminole Civic Ass'n, Inc. v. W.A. Adkins
  604 So. 2d 523· Fla. 5th DCA· 1992-07-17 ·cited 2×
  Non-member lot owners in an unrecorded subdivision (Chula Vista) challenged a homeowners association's attempt to impose assessments and restrict access based on membership status. The court held that lot owners acquired implied easements for ingress and egress when they purchase
• State v. Fla. E. Coast Ry. Co.
  239 So. 2d 587· Fla.· 1970-09-09 ·cited 2×
• Pocock v. Town OF Medley
  89 So. 2d 162· Fla.· 1956-08-08 ·cited 2×
  The Town of Medley sought to enjoin the Pococks from interfering with its use of a 60-foot right-of-way for a public road across their property and to compel removal of their home and fence. The Florida Supreme Court reversed the lower court's finding that the road had been dedic
• Pelican Creek v. Pulverenti
  Fla. 5th DCA· 2018-01-29 ·cited 1×
  Abutting property owners receive title to the full width of property subject to a public common law dedication when that dedication is located on the edge of a subdivision plat, and injunctive relief is the appropriate remedy for continuous trespass.
• Ingeborg Krieger for the Ingeborg Krieger Revocable Tr. v. The Town OF Longboat KEY
  849 So. 2d 358· Fla. 2d DCA· 2003-05-14
  Ingeborg Krieger challenged a circuit court judgment that the Town of Longboat Key owned a strip of beach property based on dedication to public use. The appellate court reversed the dedication finding but affirmed the judgment against Krieger on other grounds, holding that her d
• Inversiones del Angel, S.A. v. Callon Petroleum Co.
  883 F.2d 29· 5th Cir.· 1989-09-13
  The court held that Louisiana Revised Statute 31:150 requires an express written reservation of outstanding mineral interests when land is acquired by a public body, and absent such a reservation, the interests revert to the government.