The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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F.S. 161.141

161.141 Property rights of state and private upland owners in beach restoration project areas.—The Legislature declares that it is the public policy of the state to cause to be fixed and determined, pursuant to beach restoration, beach nourishment, and erosion control projects, the boundary line between sovereignty lands of the state bordering on the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida, and the bays, lagoons, and other tidal reaches thereof, and the upland properties adjacent thereto; except that such boundary line shall not be fixed for beach restoration projects that result from inlet or navigation channel maintenance dredging projects unless such projects involve the construction of authorized beach restoration projects. However, prior to construction of such a beach restoration project, the board of trustees must establish the line of mean high water for the area to be restored; and any additions to the upland property landward of the established line of mean high water which result from the restoration project remain the property of the upland owner subject to all governmental regulations and are not to be used to justify increased density or the relocation of the coastal construction control line as may be in effect for such upland property. The resulting additions to upland property are also subject to a public easement for traditional uses of the sandy beach consistent with uses that would have been allowed prior to the need for the restoration project. It is further declared that there is no intention on the part of the state to extend its claims to lands not already held by it or to deprive any upland or submerged land owner of the legitimate and constitutional use and enjoyment of his or her property. If an authorized beach restoration, beach nourishment, and erosion control project cannot reasonably be accomplished without the taking of private property, the taking must be made by the requesting authority by eminent domain proceedings. In any action alleging a taking of all or part of a property or property right as a result of a beach restoration project, in determining whether such taking has occurred or the value of any damage alleged with respect to the owner’s remaining upland property adjoining the beach restoration project, the enhancement, if any, in value of the owner’s remaining adjoining property of the upland property owner by reason of the beach restoration project shall be considered. If a taking is judicially determined to have occurred as a result of a beach restoration project, the enhancement in value to the owner’s remaining adjoining property by reason of the beach restoration project shall be offset against the value of the damage, if any, resulting to such remaining adjoining property of the upland property owner by reason of the beach restoration project, but such enhancement in the value shall not be offset against the value of the property or property right alleged to have been taken. If the enhancement in value shall exceed the value of the damage, if any, to the remaining adjoining property, there shall be no recovery over against the property owner for such excess.

History.—s. 1, ch. 70-276; s. 1, ch. 79-233; s. 1, ch. 82-144; s. 7, ch. 86-138; s. 18, ch. 87-97; ss. 28, 487, ch. 94-356; s. 1439, ch. 95-147; s. 11, ch. 2000-346; s. 3, ch. 2007-99.

F.S. 161.141 on Google Scholar

F.S. 161.141 on Casetext

Amendments to 161.141

Arrestable Offenses / Crimes under Fla. Stat. 161.141

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.141.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. WALTON COUNTY, N., 121 So. 3d 1166 (Fla. Dist. Ct. App. 2013)

. . . Specifically, plaintiffs sought a declaration that sections 161.141 and 161.191, Florida Statutes (2004 . . . the trial court’s order, the plaintiffs filed their Second Amended Complaint, alleging that sections 161.141 . . . Furthermore, Florida law provides under section 161.141, Florida Statutes, that “[i]f an authorized beach . . .

WALTON COUNTY, v. STOP BEACH RENOURISHMENT, INC. v., 998 So. 2d 1102 (Fla. 2008)

. . . to accretion and to contact with water without an eminent domain proceeding as required by section 161.141 . . . Pursuant to section 161.141, when a local government applies for funding for beach restoration, a survey . . . Section 161.141 further declares that the State has no intention “to extend its claims to lands not already . . . Moreover, section 161.141 explains that “[i]f an authorized beach restoration, beach nourishment, and . . . See §§ 161.201; 161.141. Given these significant differences, Belvedere does not apply here. III. . . . Stat. (2005); § 161.141, Fla. . . . Stat. (2005); see also § 161.141, Fla. Stat. (2005). . See §§ 161.141, 161.191, 161.201, Fla. . . .

SAVE OUR BEACHES, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 27 So. 3d 48 (Fla. Dist. Ct. App. 2006)

. . . Section 161.141 provides: The Legislature declares that it is the public policy of the state to cause . . . private property, the taking must be made by the requesting authority by eminent domain proceedings. § 161.141 . . . or artificially, seaward of any erosion control line fixed in accordance with the provisions of ss. 161.141 . . . riparian rights were unconstitutionally taken without an eminent domain proceeding as required by section 161.141 . . . As provided by section 161.141, Florida Statutes (2005), if the project “cannot reasonably be accomplished . . .

WALLACE CORPORATION, v. CITY OF MIAMI BEACH, 793 So. 2d 1134 (Fla. Dist. Ct. App. 2001)

. . . or artificially, seaward of any erosion control line fixed in accordance with the provisions of ss. 161.141 . . .

APPLEGATE, v. UNITED STATES,, 35 Fed. Cl. 406 (Fed. Cl. 1996)

. . . In 1970 the Florida Legislature adopted sections 161.141 and 161.191 of the Shores and Beach Preservation . . . the state-established ECL, enacted pursuant to the Shores and Beach Preservation Act, Fla.StatAnn. §§ 161.141 . . .

SOUTH LAKE WORTH INLET DISTRICT, v. TOWN OF OCEAN RIDGE TOWN OF MANALAPAN J. L. C. H. v. TOWN OF OCEAN RIDGE PALM BEACH COUNTY, v. TOWN OF OCEAN RIDGE, 633 So. 2d 79 (Fla. Dist. Ct. App. 1994)

. . . In particular it adopted what became section 161.141(1), which included the following statement of general . . . The scheme adopted in what became designated as sections 161.141 to 161.211 then proceeded to set the . . .

A. McNULTY, v. TOWN OF INDIALANTIC,, 727 F. Supp. 604 (M.D. Fla. 1989)

. . . . § 161.141 (1979) that beach erosion is “a serious menace to the economy and the general welfare of . . .

TOWN OF INDIALANTIC v. A. McNULTY,, 400 So. 2d 1227 (Fla. Dist. Ct. App. 1981)

. . . Section 161.141, Florida Statutes (1979) also makes a finding: Beach erosion being a serious menace to . . .