Legal Opinion

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Florida Attorney General Reports

Decided October 24, 1978Published

1Opinion of the Court

David B. Higginbottom City Attorney Frostproof

QUESTION:

Is a municipality authorized by law to require abutting landowners who request vacation of a public street to prove a revesionary interest in the property and pay for the proportionate costs of an appraisal and for the proportionate appraised value of such property interest as conditions to the vacation?

SUMMARY:

A municipality possesses no authority under the Municipal Home Rule Powers Act to require property owners whose land abuts a dedicated public street to `prove a reversionary interest' or any other property interest or property…

2Cases cited21 opinions

  1. State v. City of SunriseSupreme Court of Florida · 1978
  2. City of Miami Beach v. Forte Towers, Inc.Supreme Court of Florida · 1974
  3. State Plant Board v. SmithSupreme Court of Florida · 1959
  4. City of Miami v. Florida East Coast Railway Co.Supreme Court of Florida · 1920
  5. Daniels v. State Road DepartmentSupreme Court of Florida · 1964

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