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  1. #31
    Member
    Join Date
    Dec 2007
    Location
    Jacksonville, FL
    Posts
    15

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    Quote Originally Posted by Serota View Post
    Based on my understanding of the previous discussion, it would seem that if the spring can be reached without stepping on the shore, that they can't legally prohibit access by water.

    Cinder4320 - do you agree?
    The state of FL owns <most> of the water/submerged lands which lie below the mean high water line. Normally that translates to being reached without going on shoreline but it isn't the fact that the water is navigable it is the fact that it is state owned that allows the access. Very similar but if its navigable and not state owned access doesn't apply.

    That's why they checked the title of the land around Poe Springs before agreeing that public had access. They don't look at the navigation issue but of course you can't trespass.

    For a specific location, you would need to have the entity mentioned in the article (DEP, specific contact is given) check the title of the submerged lands. Some areas are not state owned.

    Miranda


  2. #32
    Member
    Join Date
    Oct 2007
    Location
    Panama City/Homosassa, FL
    Posts
    168

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    Cinder 4320,

    I was asking specifically about Hornsby spring in Alachua County. As I understand it the access "canal" was dug through the Santa Fe flood plain to the swallet where the flow used to go back underground, but now some continues overland in the canal to the river. The rest of the run from the swallet up to the spring is natural. I was wondering if the creation of the waterway in the river floodplain gave them the right to control access. Do you have a contact person at the DEP State Lands Office that can get an answer for whether this spring run is or is not state owned land.

    Thanks for all your previous posts they have been very informative.

    Mark



 

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