QUESTION
Entrance waterway into a marina. The bottom of the cable is owned be a private. Does the owner also own the water?
Asked on Apr 08th, 2013 on Zoning, Planning and Land Use - Florida
More details to this question:
Marina is open to the public but owned privately. The owner is developing a section of land on the west side of the entrance Chanel into the marina. The city ordinances allow only a dock extension into the Chanel of 30 ft. Owner wants to build out to 47 ft . He claims that he can do anything he wants since he owns the land and the water. What say you?
1 ANSWER
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Mr. Kays,
Owner may in fact own the land under the water, but it sounds like city ordinances don't allow docks over 30 feet. If this is the case, then if owner were to build a 47 ft dock it would be illegal (a code violation). The exact location of the channel and whether the state of FL has reserved any rights to channel as a "navigable water" could also be relevant.
Answered on Apr 08th, 2013 at 5:07 PM