Florida/Georgia Personal Injury & Workers Compensation

...Schultz relies on language in the plat which purports to dedicate the streets and park areas to the public. He took the position that Sugarmill has no right to use the platted public areas for cattle grazing, without formal approval from Citrus County, since the dedication language of the plat was unqualified. Section 177.081(2) provides: When a tract or parcel of land has been subdivided and a plat thereof bearing the dedication executed by the developers and mortgagees having record interest in the lands subdivided and the approval of the governing body...

...and recorded in compliance with this chapter, all streets, alleys, easements, right-of-way, and public areas shown on such plat, unless otherwise stated, shall be deemed to have been dedicated to the public for the uses and purposes thereon stated. § 177.081(2), Fla....

...vision was violative of the Equal Protection Clause. [12] Consistent with the holding in Bass, we conclude that an agricultural classification for land cannot be denied solely because a plat containing it has been placed of record. Schultz relies on section 177.081(2), but if it has the effect he argues for, it also would be unconstitutional pursuant to Bass....

...me.” Id. (emphasis added). In 1971 the legislature repealed section 177.10 as part of a general revision of the statutes governing plats. Ch. 71-339, § 3, at 1548, Laws of Fla. Provisions similar to those in former section 177.10 are now found in section 177.081....

...te government authority) plats showing the corridors of land available for general utility use," McNeil III, 953 F.2d at 608 , and (2) "was required by Florida law to dedicate these corridors of land for general utility use," id. (citing Fla.Stat. §§ 177.081 & 177.091(29) (1991))....

...The statutes do not require the creation of public easements; that decision is left to the developer. Consequently, resort to state law does not support the court's approach to distinguishing our precedent. 49 The panel relied on Florida Statutes sections 177.081 and 177.091(29). Section 177.081 states that "all streets, alleys, easements, rights-of-way, and public areas shown on [plats of subdivisions], unless otherwise stated [in the plat], shall be deemed to have been dedicated to the public for the uses and purposes thereon stated." Fla.Stat. § 177.081(2) (emphasis added)....

...The emphasized language, by limiting these servient estates to specific "uses and purposes," provides the developer with an express mechanism through which it can override the presumption. Thus, for example, if a plat mentions an electrical easement, section 177.081's presumption would operate to create a public electrical easement....

...The developer could opt, however, to restrict the easement to private use only (i.e., specify FP & L as the holder of an electrical easement as in Thos. J. White ). 50 Section 177.091(29) confirms that private easements can survive the operation of section 177.081: "This section shall not apply to those private easements [which, although specified in the plat, are] granted to or obtained by a particular electric, telephone, gas, or other utility." Fla.Stat. § 177.091(29) (Supp.1990) (emphasis added). 24 51 From sections 177.081 and 177.091(29), the panel inferred that both Thos. J. White and Admiral's Cove only addressed public easements dedicated for general use. But as the foregoing analysis demonstrates, sections 177.081 and 177.091(29) permit developers to create private easements limited to specific uses specified in particular plats....

...In finding that the franchisee had a right to traverse the developer's property to access the relevant easements, the court necessarily determined that the easements the cable franchisee sought to reach were contemplated by § 621(a)(2) 24 Section 177.091(29) modifies the operation of § 177.081 by authorizing cable systems to piggyback on platted utility easements, and provides that [a]ll platted utility easements shall provide that such easements shall also be easements for the construction, installation, maintenance, and operat...

...The disputed property is located between two lots owned by appellant, Lots 2 and 3 of a six-lot unit of property recorded as Mexico Beach Unit No. 6, Block 1. Appellant's primary argument centers on the contention that there neither was nor could be a formal acceptance of the dedication of the disputed strip under Section 177.081, Florida Statutes (1983), and that the evidence is not sufficient to support a claim of ownership by any governmental authority under Section 95.361, Florida Statutes (1983)....

...d engineering plans depicting, among other things, the location of utility easements. Marion County has approved those plats and plans; however, Villages has not yet "dedicated" the plats by recording them in the manner prescribed by Florida Statute 177.081(2) and (3) (2000): 177.081 Dedication and approval....

...or Dade County and the subject upon which such ordinance operates has not been preempted to Dade County by the Dade County Charter. Any question as to the constitutional validity of such an ordinance, if adopted, may only be answered by the courts. Section 177.081 , F....

Statutes sections 177.081 and 177.091(29). Section 177.-081 states that “all streets, alleys, easements

...pairing, and keeping in order the public roads in their respective counties, and it is made one of their continuous duties so to locate, build, repair, and keep said roads in good order, (emphasis supplied). We are not persuaded that the language of section 177.081(2), Florida Statutes (1979), changes this long-standing interpretation of a county’s duties with respect to its public roads. Section 177.081(2) provides, in part, that when a plat containing dedicated streets or rights-of-way has been approved by the governing body and recorded as required by law, such streets and rights-of-way shall be deemed to have been dedicated to the public use....

...on use land within the subdivision." Nothing in this wording would tend to show an intent to transfer ownership in the common use land to the lot owners. This is simply an easement for their benefit, and ownership would remain in the present owners. Section 177.081 (1), F.S., requires that "[e]very plat of a subdivision filed for record must contain a dedication by the developer. . . ." Section 177.081 (2), supra, provides that all "streets, alleys, easements, rights-of-way and public areas shown on the plat," are deemed to be dedicated for public use "unless otherwise stated." Thus s. 177.081 (2), supra, clearly implies the authority to designate roads and open areas on a subdivision plat as private rather than public....

...In this case, all roads and open areas are designated for the common use of the landowners, thereby inferring that they are for the landowners' private use only. There are no areas left for dedication to the public, either explicitly or by operation of the presumption. Section 177.081 (1), quoted previously, does not specify what is to be dedicated, streets, open areas, etc., "[i]n seeking legislative intent by tracing history of legislation, it is proper to consider acts passed at prior or subsequent sessions including those repealed, as well as those passed at the same session." Watson v....

...1930) and 30 Fla. Jur. Statutes s. 103. By referring to the preceding statute prior to 1971, s. 177.06, F.S. 1969, originally enacted in 1925, required ". . . there shall be a dedication of the plat. . . ." (Emphasis supplied.) Therefore, in my opinion, s. 177.081 (1), F.S., simply carries forward the same meaning and requires a dedication of the plat in conformance with the words in s. 177.081 (1) stating which parties are required to make the dedication. Even in this case where there are no public lands to be dedicated, s. 177.081 (1) requires that a statement of dedication of the plat be executed by the specified parties....

...Therefore, your specific question is answered in the negative. Streets designated within a subdivision plat do not have to be dedicated to the public; however, there must be a specific reservation to private use of those areas on the plat; and the plat must be dedicated in accordance with s. 177.081 (1), F.S.

county" before a plat may be recorded, and section 177.081 provides that when "the approval of the governing

regulate and control the platting of land.2 Section 177.081, Florida Statutes, requires every plat filed

...This language read together with the Dedication paragraph of the Blue Ridge Acres plat is legally sufficient to constitute a dedication. Specifically, the Court finds that the use of the term "reserved" does not negate or nullify the act of dedication. At the time the plat was approved, Section 177.081(2), Florida Statutes 1975, stated that easements shown on the plat, unless otherwise stated, shall be deemed dedicated to the public for the use and purposes thereon stated....

...7 Additional requirements for subdivision plats are imposed by Ch. 177 , F.S. Section 177.061 , F.S., provides that a land surveyor must certify on the plat that it has been prepared under his or her direction and supervision and that all the survey data complies with the requirements of Ch. 177 , F.S. Section 177.081 , F.S., requires that subdivision plats must contain a dedication executed by the developer or developers having a record interest in the lands subdivided....

...177.011 , F.S., this part "establishes minimum requirements and does not exclude additional provisions or regulations by local ordinance, laws, or regulations." 2 See , s. 177.011 , F.S. 3 Section 177.091 (1)(a), F.S. (1990 Supp.). 4 Id . at (2). 5 Id . at (4). 6 Id . at (7). 7 Id . at (15). 8 Section 177.081 (1), F.S....

Commissioners, you ask the following question: Does section 177.081(2), Florida Statutes (1998 Supplement), require