Legal Opinion

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Florida Attorney General Reports

Decided September 27, 1978Published

1Opinion of the Court

Robert Bruce Snow Hernando County Attorney Brooksville

QUESTION:

May a county legally divest itself of ownership and control of certain dedicated streets and roads in a subdivision, and transfer to a homeowners' association the right to exercise ownership and control of, and to maintain, the streets and roads?

SUMMARY:

A county is statutorily authorized in the sound discretion of the board of county commissioners to close and vacate dedicated roads and streets designated on a recorded subdivision plat. Such authority must be lawfully exercised in the interest of the general public welfare and may…

2Cases cited16 opinions

  1. City of Miami v. Florida East Coast Railway Co.Supreme Court of Florida · 1920
  2. Smith v. HornSupreme Court of Florida · 1915
  3. Burnham v. Davis Islands, IncorporatedSupreme Court of Florida · 1956
  4. Pinellas County v. AustinDistrict Court of Appeal of Florida · 1975
  5. Monell v. Golfview Road Ass'nDistrict Court of Appeal of Florida · 1978

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