CopyCited 7 times | Published | Supreme Court of Florida | 1999 WL 731654
...all lands heretofore filled or developed" before the Act's repeal. [3] The record reflects that in 1969 the City applied for and received from the Board of Trustees of the Internal Improvement Trust Fund (hereinafter Board) a disclaimer, pursuant to section 253.129, Florida Statutes, as to a 5.2-acre parcel of submerged land that had been filled to provide land upon which to build the marina....
...HARDING, C.J., and SHAW, ANSTEAD, LEWIS and QUINCE, JJ., concur. PARIENTE, J., recused. NOTES [1] Ch. 8537, Laws of Fla. (1921), formerly § 271.01, Fla.Stat., prior to its repeal in 1957. [2] Ch. 791, Laws of Fla. (1856). [3] Ch. 57-362, § 9, Laws of Fla. (codified at § 253.129, Fla.Stat. (1997)). In 1951, the legislature repealed the Butler Act except as to Dade and Palm Beach Counties. Ch. 51-26776, Laws of Fla. (codified at § 253.129, Fla.Stat....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...nal Improvement Trust Fund for the issuance of a disclaimer to
17.30 acres of submerged lands in the St. Johns River, Duval County, Florida. Appellant filed its application for the issuance of a disclaimer to 11.15 acres of the submerged lands under Section
253.129, Florida Statutes....
...confirming title, is in derogation of the statute and therefore invalid. The record in the instant case establishes that the improvements to the submerged lands made prior to May 29, 1951, are indeed "permanent improvements" under the Butler Act and Section 253.129, Florida Statutes (1983). Therefore, the final order is reversed and the cause is remanded for the issuance of a disclaimer under Section 253.129, Florida Statutes (1983). SHIVERS and ZEHMER, JJ., concur. NOTES [1] Section 253.129, Florida Statutes (1983), confirmation of title in upland owners: The title to all lands heretofore filled or developed is herewith confirmed in the upland owners and the Trustees shall on request issue a disclaimer to each such owner....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 300946
...However, section 9 of the 1957 statute provided that "title to all lands heretofore filled or developed is herewith confirmed in the upland owners and the trustees shall on request issue a disclaimer to each such owner." Section 9 is codified today in section 253.129, Florida Statutes (1997)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...The trial court ruled Industrial is the rightful fee owner of submerged land located in the St. Johns River, which is directly beneath its boathouse and dock, and ordered the Department to issue a disclaimer of such land to Industrial, pursuant to section 253.129, Florida Statutes....
...Chapter 26-776 would not have applied to it, although near Jacksonville where the St. Johns River empties into the Atlantic Ocean, the submerged land could be considered "tidal" and the 1951 repealer might well have affected those submerged lands. [5] AFFIRMED. PETERSON and DIAMANTIS, JJ., concur. NOTES [1] Section 253.129 provides as follows: Confirmation of title in upland owners....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1996 WL 333193
...9, Laws of Fla. (1957), provides that the "title to all lands heretofore filled or developed is herewith confirmed in the upland owners and the trustees shall on request issue a disclaimer to each such owner." This is still the law today, as codified in § 253.129, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 1244426
...The qualifying conditions were met by some of the appellants under the 1856 Riparian Act, and some after adoption of the 1921 Butler Act (as noted, made retroactive to 1856). The Butler Act was repealed in 1957 by Chapter 57-362, Laws of Florida, the Bulkhead Act. The Bulkhead Act, section 9, was codified as section 253.129, Florida Statutes (1957), which provides: "The title to all lands heretofore filled or developed is herewith confirmed in the upland owners *1064 and the trustees shall on request issue a disclaimer to each such owner." The agency began issuing disclaimers in 1957, pursuant to section 253.129, to those upland owners who had "filled in" or "bulkheaded" their submerged lands....
...Fee simple title is a descriptive term in the law of real property and has been defined by our supreme court as "the highest quality of estate in land known to law." State v. Jacksonville Expressway Auth.,
139 So.2d 135, 138 (Fla.1962). The legislature, when it enacted section
253.129 in 1957, imposed no conditions or limitations on the disclaimers to be issued to riparian owners who had complied with the acts during their effective dates....
...the majority opinion do not comport with the Butler Act, Ch. 8537, Laws of Fla. (1921), and the Riparian Act of 1856, Ch. 791, Laws of Fla. (1856), which the courts have construed to authorize estates in fee simple. Nor do they faithfully implement section 253.129, Florida Statutes (1999), which provides: The title to all lands heretofore filled or developed is herewith confirmed in the upland owners and the trustees shall on request issue a disclaimer to each such owner....
...Trustees offered to the proposition that mere dredging conferred ownership rights of any kind. West Palm Beach makes it clear that dredged bottoms, unless within the footprint of a permanent structure, have not been "developed" within the meaning of section 253.129, Florida Statutes (1999), and therefore remain sovereignty lands....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 788, 1985 Fla. App. LEXIS 13172
...nal Improvement Trust Fund for the issuance of a disclaimer to
17.30 acres of submerged lands in the St. Johns River, Duval County, Florida. Appellant filed its application for the issuance of a disclaimer to 11.15 acres of the submerged lands under Section
253.129, Florida Statutes....
...irming title, is in derogation of the statute and therefore invalid. The record in the instant case establishes that the improvements to the submerged lands made prior to May 29, 1951, are indeed “permanent improvements” under the Butler Act and Section 253.129, Florida Statutes (1983). Therefore, the final order is reversed and the cause is remanded for the issuance of a disclaimer under Section 253.129, Florida Statutes (1983). SHIVERS and ZEHMER, JJ., concur. . Section 253.129, Florida Statutes (1983), confirmation of title in upland owners: The title to all lands heretofore filled or developed is herewith confirmed in the upland owners and the Trustees shall on request issue a disclaimer to each such owner....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2155, 2009 WL 592717
...That act provided for the transfer of title for such state lands when "bulk-headed or filled in or permanently improved." See, e.g., City of West Palm Beach v. Board of Trustees of the Internal Improvement Trust Fund,
746 So.2d 1085 (Fla.1999). After the Butler Act was repealed and the Bulkhead Act enacted at section
253.129, Florida Statutes, the state issued a disclaimer as to the submerged land at issue here....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8509, 1992 WL 185841
...The trial court ruled Industrial is the rightful fee owner of submerged land located in the St. Johns River, which is directly beneath its boathouse and dock, and ordered the Department to issue a disclaimer of such land to Industrial, pursuant to section 253.129, Florida Statutes....
...Chapter 26-776 would not have applied to it, although near Jacksonville where the St. Johns River empties into the Atlantic Ocean, the submerged land could be considered “tidal” and the 1951 repealer might well have affected those submerged lands. 5 AFFIRMED. PETERSON and DIAMANTIS, JJ., concur. . Section 253.129 provides as follows: Confirmation of title in upland owners.— The title to all lands heretofore filled or developed is herewith confirmed in the upland owners and the trustees shall on request issue a disclaimer to each such owner....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20881
McCORD, Judge. On September 26, 1978, the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Section 253.129, Florida Statutes, issued to Jimmy and Johnny Patronis a disclaimer to a formerly submerged, now filled, parcel of land adjacent to the Patronises’ property in Panama City, Florida....
