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Florida Attorney General Reports

Decided June 7, 1985Published

1Opinion of the Court

Mr. Thomas A. Bustin City Attorney City of Clearwater Post Office Box 4748 Clearwater, Florida 33518-4748

Dear Mr. Bustin:

This is in response to your request for an Attorney General Opinion on substantially the following questions:

1. IS THE CITY OF CLEARWATER EMPOWERED TO REPEAL AN EXEMPTION RELATING TO RIPARIAN RIGHTS FROM AN ORDINANCE PROHIBITING BOAT TRAFFIC WITHIN 300 FEET OF DESIGNATED PUBLIC BEACHES?

2. IF THE ANSWER TO QUESTION ONE IS IN THE AFFIRMATIVE, COULD THE CITY BE SUBJECT TO LIABILITY FOR COMPENSATION FOR THE TAKING OF AN ABUTTING PROPERTY OWNER'S RIPARIAN RIGHTS IF SUCH AN…

2Cases cited18 opinions

  1. Brickell v. TrammelSupreme Court of Florida · 1919
  2. Benoit v. BenoitSupreme Court of Louisiana · 1909
  3. State v. City of SunriseSupreme Court of Florida · 1978
  4. City of Miami Beach v. Forte Towers, Inc.Supreme Court of Florida · 1974
  5. City of Miami Beach v. the Texas Co.Supreme Court of Florida · 1940

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