95.361 Roads presumed to be dedicated.
634 words·~3 min read·
/fl/title-viii/chapter-95/95-361A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)When a road, constructed by a county, a municipality, or the Department of Transportation, has been maintained or repaired continuously and uninterruptedly for 4 years by the county, municipality, or the Department of Transportation, jointly or severally, the road shall be deemed to be dedicated to the public to the extent in width that has been actually maintained for the prescribed period, whether or not the road has been formally established as a public highway. The dedication shall vest all right, title, easement, and appurtenances in and to the road in:
(a)The county, if it is a county road;
(b)The municipality, if it is a municipal street or road; or
(c)The state, if it is a road in the State Highway System or State Park Road System,
whether or not there is a record of a conveyance, dedication, or appropriation to the public use.
(2)In those instances where a road has been constructed by a nongovernmental entity, or where the road was not constructed by the entity currently maintaining or repairing it, or where it cannot be determined who constructed the road, and when such road has been regularly maintained or repaired for the immediate past 7 years by a county, a municipality, or the Department of Transportation, whether jointly or severally, such road shall be deemed to be dedicated to the public to the extent of the width that actually has been maintained or repaired for the prescribed period, whether or not the road has been formally established as a public highway. This subsection shall not apply to an electric utility, as defined in s. 366.02 (4). The dedication shall vest all rights, title, easement, and appurtenances in and to the road in:
(a)The county, if it is a county road;
(b)The municipality, if it is a municipal street or road; or
(c)The state, if it is a road in the State Highway System or State Park Road System,
whether or not there is a record of conveyance, dedication, or appropriation to the public use.
(3)The filing of a map in the office of the clerk of the circuit court of the county where the road is located showing the lands and reciting on it that the road has vested in the state, a county, or a municipality in accordance with subsection
(1)or subsection
(2)or by any other means of acquisition, duly certified by:
(a)The secretary of the Department of Transportation, or the secretary’s designee, if the road is a road in the State Highway System or State Park Road System;
(b)The chair and clerk of the board of county commissioners of the county, if the road is a county road; or
(c)The mayor and clerk of the municipality, if the road is a municipal road or street,
shall be prima facie evidence of ownership of the land by the state, county, or municipality, as the case may be.
(4)Any person, firm, corporation, or entity having or claiming any interest in and to any of the property affected by subsection
(2)shall have and is hereby allowed a period of 1 year after the effective date of this subsection, or a period of 7 years after the initial date of regular maintenance or repair of the road, whichever period is greater, to file a claim in equity or with a court of law against the particular governing authority assuming jurisdiction over such property to cause a cessation of the maintenance and occupation of the property. Such timely filed and adjudicated claim shall prevent the dedication of the road to the public pursuant to subsection (2).
(5)This section does not apply to any facility of an electric utility which is located on property otherwise subject to this section.