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Laws Governing Vacating County Property

Published

Jan 9, 2025

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Laws Governing Vacations

Applications are subject to the appropriate laws of the State and County as summarized below:

Florida Statutes:

  • § 177.101 - Vacation and Annulment of Plats Subdividing Land - Gives the governing body of a county the authority to adopt resolutions vacating subdivision plats in whole or in part. Applicant must prove an ownership interest in the fee title of the property sought to be vacated. A public hearing and appropriate public notice thereof are required.

  • § 255.22 - Reconveyance of Lands Not Used for the Purpose Specified - Provides for the return to private ownership of property acquired by deed for a specific purpose where in such purpose has not been achieved or identified in a county’s comprehensive plan for a period of 60 months or more, and where no valuable consideration was given the owner for the property.

  • § 336.09, et seq. - Closing and Abandonment of Roads - empowers a county commission to vacate, abandon, discontinue use of and close any existing public street, alleyway, road, or other place of travel, or portion thereof, other than a state or federal highway. A public hearing and appropriate public notice thereof are required.

Manatee County Land Development Code:

  • § 331 - Vacation of Streets and Transfer of Plats - Provides for the exercise of authority granted the County Commission, by the state, to vacate properties lying within its jurisdiction.

 

Public Notice Requirements for Vacating County Interest in Real Property

Applications requiring a public hearing have the following public notice requirements:

Legal Notices will be placed by County staff for publication in the Bradenton Herald, a Manatee County newspaper of general circulation. The applicant is responsible for all costs of advertising.

  • Two (2) advance notices of a public hearing are required for actions subject to § 177.101, Florida Statutes.

  • One (1) advance notice of a public hearing is required for actions subject to § 336.09, et seq., Florida Statutes.

  • Approved vacation actions subject to § 336.09, et seq. require the publication of a “Notice of Resolution” in a local newspaper. 

  • County staff will provide applicant with signage for posting a notice of a public hearing at the location of the property to be vacated.
    • Signs must be clearly visible from the public roadway and must be placed within 15 feet of the front property line. Applicant must sign a notarized affidavit (form will be provided) attesting to the posting of signage.