CopyCited 27 times | Published | Supreme Court of Florida | 2008 WL 4381126
...de by the requesting authority by eminent domain proceedings." And, in the event the beach restoration is not commenced within a two-year period, is halted *1109 in excess of a six-month period, or the authorities do not maintain the restored beach, section 161.211 dictates that the ECL is cancelled....
...iew). Finally, the Act provides for the cancellation of the ECL if (1) the beach restoration is not commenced within two years; (2) restoration is halted in excess of a six-month period; or (3) the authorities do not maintain the restored beach. See § 161.211....
...orts, it risks returning the shore to its pre-restoration status, which means that the MHWL would naturally move away from the ECL and contiguous ownership would remain with the littoral-upland owners, not the State. See art. X, § 11, Fla. Const; §§
161.211(2)-(3),
253.141(1), Fla....
...[2] For ease of reading, we refer generally to the statutory provisions at issue as "the Beach and Shore Preservation Act" or the "Act." However, this case only concerns the following provisions of part I of chapter 161, Florida Statutes (2005): sections
161.088,
161.101,
161.141,
161.161,
161.191,
161.201, and
161.211....
...n, the Gulf of Mexico, and the bays, lagoons and other tidal reaches thereof." Specifically, section
161.151, Florida Statutes (2005), defines an ECL, or "erosion control line," as the line determined in accordance with the provisions of ss.
161.141-
161.211 which represents the landward extent of the claims of the state in its capacity as sovereign titleholder of the submerged bottoms and shores of the Atlantic Ocean, the Gulf of Mexico, and the bays, lagoons and other tidal reaches thereof on the date of the recording of the survey as authorized in s....
