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In areas where an erosion control line has been
established under the provisions of ss. 161.141-161.211, that line,
or the presently existing mean high-water line, whichever is more
landward, shall be considered to be the mean high-water line for the purposes
of this section.
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 renourishment, 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 property. If
an authorized beach restoration, beach renourishment, 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. 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. (Please see
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