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Florida Statute 161.051 | Lawyer Caselaw & Research
F.S. 161.051 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 161.051

The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 161
BEACH AND SHORE PRESERVATION
View Entire Chapter
F.S. 161.051
161.051 Coastal construction by persons, firms, corporations, or local authorities.Where any person, firm, corporation, county, municipality, township, special district, or any public agency shall construct and install projects when permits have been properly issued, such works and improvements shall be the property of said person, firm, corporation, county, municipality, township, special district, or any public agency where located, and shall thereafter be maintained by and at the expense of said person, firm, corporation, county, municipality, township, special district, or other public agency. No grant under this section shall affect title of the state to any lands below the mean high-water mark, and any additions or accretions to the upland caused by erection of such works or improvement shall remain the property of the state if not previously conveyed. The state shall in no way be liable for any damages as a result of erections of such works and improvements, or for any damages arising out of construction, reconstruction, maintenance, or repair thereof, or otherwise arising on account of such works or improvements.
History.s. 1, ch. 65-408.

F.S. 161.051 on Google Scholar

F.S. 161.051 on Casetext

Amendments to 161.051


Arrestable Offenses / Crimes under Fla. Stat. 161.051
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.051.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, v. SAND KEY ASSOCIATES, LTD., 512 So. 2d 934 (Fla. 1987)

. . . 458 So.2d 369 (Fla. 2d DCA 1984), in which the district court upheld the constitutionality of section 161.051 . . . We answer the question by holding that section 161.051 applies to accreted land of an upland owner who . . . The trial court then upheld the constitutionality of section 161.051, and construed it, in accordance . . . Section 161.051 does not explicitly state that it applies to all upland littoral owners. . . . Section 161.051 provides: 161.051 Coastal construction by persons, firms, corporations, or local authorities . . . established by over half a century of Florida case law, misconstrues the plain language of section 161.051 . . . Busch and is clearly what was intended by the legislature when enacting section 161.051. . . . I agree with the majority that, in part, section 161.051 codifies existing common law principles. . . . The majority’s construction of section 161.051 is that only the owner on whose property the improvement . . . Busch and the legislative intent in enacting section 161.051. . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. SAND KEY ASSOCIATES, LTD., 509 So. 2d 925 (Fla. 1987)

. . . In approving the district court decision in Sand Key I, we held that section 161.051, Florida Statutes . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE v. SAND KEY ASSOCIATES, LIMITED,, 489 So. 2d 34 (Fla. Dist. Ct. App. 1986)

. . . In doing so, we held that Florida Statute 161.051 was constitutional but did not apply here since the . . . However, recognizing that the legislative intent of section 161.051 was not clear, we certified the following . . . question to our supreme court as one of great public importance: PURSUANT TO SECTION 161.051, FLORIDA . . . Section 161.051 provides: Coastal construction by persons, firms, corporations, or local authorities. . . .

SAND KEY ASSOCIATES, LIMITED, v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE OF FLORIDA,, 458 So. 2d 369 (Fla. Dist. Ct. App. 1984)

. . . are concerned here with determining the owner of accreted land and the constitutionality of section 161.051 . . . The state bases its claim on section 161.051, Florida Statutes (1981), which provides as follows: Coastal . . . The trial court ruled that pursuant to section 161.051 the state holds title to all accretion to the . . . Section 161.051 does not explicitly state that it applies to all upland littoral owners. . . . Section 161.051 does not affect Sand Key’s vested right to accretion on its property. . . . While I concur with the result reached by the majority, I interpret section 161.051 somewhat differently . . . The first sentence of section 161.051 operates to vest title to any works or improvements provided for . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. MEDEIRA BEACH NOMINEE, INC. a, 272 So. 2d 209 (Fla. Dist. Ct. App. 1973)

. . . In view of the foregoing we do not believe Florida Statute § 161.051 should be applied here, especially . . .

TRUSTEES OF INTERNAL IMPROVEMENT FUND v. MADEIRA BEACH NOMINEE,, 36 Fla. Supp. 26 (Pinellas Cty. Cir. Ct. 1971)

. . . The state has suggested credence must be given to §161.051, Florida Statutes, which specifies that “any . . .