Krieter v. Chiles
Florida District Court of Appeal
595 So. 2d 111 (1992)
Facts
The State of Florida (defendant) expanded the boundary of Pennekamp Park to include all submerged land between the park and Key Largo, an island off the coast of Florida. The submerged land within Pennekamp Park was public-trust land to which Florida held title for the public’s benefit. Marie Krieter (plaintiff) owned upland property in Key Largo directly adjacent to the newly expanded Pennekamp Park. Krieter’s property was bounded on the landward side by a public road. Krieter submitted an application to the Florida Department of Environmental Regulation (DER) to build a private dock on her property, extending over Pennekamp Park’s submerged land. DER denied the permit request, stating that no new docks could be built extending into Pennekamp Park. Krieter sued Florida, arguing that (1) she had the riparian right to wharf-out from her upland property into adjacent navigable waters; and (2) DER’s denial of her permit request therefore represented an unconstitutional taking without compensation. The trial court granted Florida’s motion to dismiss. Krieter appealed.
Rule of Law
Issue
Holding and Reasoning (Levy, J.)
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