Fla. Stat. 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 nourishment, 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 or her property. If an authorized beach restoration, beach nourishment, 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. In any action alleging a taking of all or part of a property or property right as a result of a beach restoration project, in determining whether such taking has occurred or the value of any damage alleged with respect to the owner’s remaining upland property adjoining the beach restoration project, the enhancement, if any, in value of the owner’s remaining adjoining property of the upland property owner by reason of the beach restoration project shall be considered. If a taking is judicially determined to have occurred as a result of a beach restoration project, the enhancement in value to the owner’s remaining adjoining property by reason of the beach restoration project shall be offset against the value of the damage, if any, resulting to such remaining adjoining property of the upland property owner by reason of the beach restoration project, but such enhancement in the value shall not be offset against the value of the property or property right alleged to have been taken. If the enhancement in value shall exceed the value of the damage, if any, to the remaining adjoining property, there shall be no recovery over against the property owner for such excess.

Source: Section 161.141 — Property rights of state and private upland owners in beach restoration project areas, https://www.­flsenate.­gov/Laws/Statutes/2024/0161.­141 (accessed Aug. 7, 2025).

161.011
Short title 161.021
Definitions 161.031
Personnel and facilities 161.041
Permits required 161.042
Coastal construction and excavation in barrier beach inlets 161.051
Coastal construction by persons, firms, corporations, or local authorities 161.052
Coastal construction and excavation 161.053
Coastal construction and excavation 161.054
Administrative fines 161.055
Concurrent processing of permits 161.061
Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable 161.071
Prosecuting officers to assist enforcement of this part 161.081
Powers of Department of Legal Affairs 161.082
Review of innovative technologies for beach nourishment 161.085
Rigid coastal armoring structures 161.088
Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects 161.091
Beach management 161.101
State and local participation in authorized projects and studies relating to beach management and erosion control 161.111
Shore erosion emergency 161.121
Penalty 161.131
Construction of ss 161.141
Property rights of state and private upland owners in beach restoration project areas 161.142
Declaration of public policy relating to improved navigation inlets 161.143
Inlet management 161.144
Policy guidance related to sand source management 161.151
Definitions 161.161
Procedure for approval of projects 161.163
Coastal areas used by sea turtles 161.181
Recording of resolution and survey of board of trustees 161.191
Vesting of title to lands 161.201
Preservation of common-law rights 161.211
Cancellation of resolution for nonperformance by board of trustees 161.212
Judicial review relating to permits and licenses 161.242
Harvesting of sea oats and sea grapes prohibited 161.0415
Citation of rule 161.0531
Development agreements 161.0535
Permits

Current through Fall 2025

§ 161.141. Prop. rights of state & private upland owners in beach restoration project areas's source at flsenate​.gov