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Old 09-03-2013, 06:47   #16
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Re: No anchoring in Maule Lake, FL?

I always love these guys who buy waterfront property and then want to chase away all the boats from "their" view. If I ever can afford waterfront property one of the biggest reasons will be so I can watch the boats!
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Old 09-03-2013, 06:49   #17
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Re: No anchoring in Maule Lake, FL?

Though I am not fully versed on this issue, it seems to me that there was a similiar situation concerning Smokehouse Bay and Factory Bay in Marco Island. Though it was not a private ownership thing, but the city was taking to task people anchoring there, more likely because of the waterfront property owners. I think the same situation would still apply in this issue with Maule Lake.
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Old 09-03-2013, 06:51   #18
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Re: No anchoring in Maule Lake, FL?

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Originally Posted by Kettlewell View Post
I always love these guys who buy waterfront property and then want to chase away all the boats from "their" view. If I ever can afford waterfront property one of the biggest reasons will be so I can watch the boats!
I thought that would be a great weekend business when I was younger, if I could get some condo developer to pay me to sail my Hobie 16 back and forth in front of their condo all weekend to give them a cooler view.
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Old 10-03-2013, 16:22   #19
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Re: No anchoring in Maule Lake, FL?

Apparently somebody paid a few bucks for this:


Quote:
$18,000,000
Address 17415 Biscayne Boulevard
Aventura, FL 33160
Land Size 174 Ac±
Zoning GU
Description
Maule Lake is one of a very few privately held bay bottom properties in South Florida. Located in both North Miami Beach and Aventura this property is the last great home for a Yachting community in Miami-Dade County. Create not just a Marina but a Community that will encompass the entire area and bring it to life as never before. This project is not for the faint of heart but the Entrepreneur who has a dream worth exploring leaving all competition behind them. This protected waterway has deep water access to the intercostals and has an average depth of 10 feet.
From Biscayne Blvd. and NE 163 St North to 180 Street
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Old 10-03-2013, 16:26   #20
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Re: No anchoring in Maule Lake, FL?

And they said it couldn't be done.
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Old 10-03-2013, 16:36   #21
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Re: No anchoring in Maule Lake, FL?

As I said previously, even if they own the bay bottom the Public Trust Doctrine means that people still have the right to navigate on the body of water, and navigating includes anchoring. Here's part of one summary of the law:

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The Public Trust Doctrine protects the public status of navigable rivers and lakes in Florida. Throughout the past century, attempts to convert this important public resource into private property have repeatedly been made and have repeatedly been rejected by the Florida Supreme Court. In 1968, the people of the State of Florida raised the protection afforded by the Public Trust Doctrine to constitutional stature. In American Cyanamid, the most recent challenge to the Public Trust Doctrine, the Florida Supreme Court relied on this constitutional provision in reconfirming longstanding Florida law that holders of swamp deeds have no moral or legal claim to ownership of navigable waters.

The law of ownership of navigable waters has been definitively resolved by the Florida courts and by the people of Florida. The unsubstantiated statistics concerning so-called "state sovereignty land claims" made by the phosphate mining companies in 1986 have proven to be completely unfounded. The repetition of these same claims thirteen years later reveals merely another attempt to raise arguments that lack any legal or factual basis in a misguided effort to take from the people of Florida that which has always belonged to them.
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Old 10-03-2013, 16:46   #22
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Re: No anchoring in Maule Lake, FL?

I've done a little bit of research on this and here is what I have found.

Maule lake is a manmade lake. It started as a rock quarry in the early 1900's by a man named E.P. Maule and eventually reach a size of 174 acres. The Maule company employed 200 people (convicts) during the time the quarry was in operation. The rock that was quarried was utilized in roadbuilding during the land boom of south Florida. They shipped 50-60 railroad cars of rock daily.

The boom in south Florida ended in 1926 and businesses collapsed as did the town of Ojus. A hurricane then struck spelling disaster for the area.

Greynolds park was another quarry which was donated shortly after the depression of the 30's to be used as a park. The donation came about in 1933 and the park was built by the Civilian Conservation Corps in 1935, they also known for building the Blue Ridge Parkway.

With evidence of being manmade it is private property not covered under Floridas submerged land law. However, eventually a canal was dug connecting the lake to a nearby river that would later become part of the Intracoastal Waterway. How this would affect Maule Lake as to being navigable I have no idea, but I think the owner does have the right to keep people from anchoring mainly due to the fact that they could be held responsible for any pollution including that of boats dumping waste overboard. (IMHO)

EDIT:
However after reading Kettlewells post, I think he makes a valid point about it being navigable, and anchoring is a part of navigation.
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Old 10-03-2013, 16:48   #23
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Re: No anchoring in Maule Lake, FL?

If I remember correctly Maule Lake is not a natural feature. Maule Industries was a concrete manufacturer and mined the rock there creating the lake where dry land once was. That is why it is privately owned.
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Old 10-03-2013, 16:50   #24
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Re: No anchoring in Maule Lake, FL?

Miniyot beat me to it with more detail.
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Old 10-03-2013, 17:11   #25
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Re: No anchoring in Maule Lake, FL?

Doesn't matter if it is privately owned. If it's navigable, the public has the right to navigate it. At least that's my reading of the law. The City of St. Augustine owns the harbor bottom, but they couldn't outlaw anchoring there until the Pilot Program law gave them the right to regulate boats outside the limits of a mooring field. And, Maule Lake is definitely navigable--there was a marina in there, and I think a public boat ramp too.
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Old 10-03-2013, 20:21   #26
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Re: No anchoring in Maule Lake, FL?

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Originally Posted by Kettlewell View Post
Doesn't matter if it is privately owned. If it's navigable, the public has the right to navigate it. At least that's my reading of the law. The City of St. Augustine owns the harbor bottom, but they couldn't outlaw anchoring there until the Pilot Program law gave them the right to regulate boats outside the limits of a mooring field. And, Maule Lake is definitely navigable--there was a marina in there, and I think a public boat ramp too.
Maybe. The case law regarding municipalities may differ from the case law regarding private citizens. I'm not aware of any case directly on point. I don't think I'd bet a fortune either way.
Wonder if you can anchor on some commercial fisherman's privately owned oyster bed?
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Old 10-03-2013, 20:48   #27
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Re: No anchoring in Maule Lake, FL?

O yea ya can anchor on somebodys oyster bed!! but even if ya don't disturb an oyster you be paying some LARGE fines by a local court, and maybe even some more to fish and game !! Food plots are different then sand bottom! at least here in Louisiana, and I think in Fla also
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Old 10-03-2013, 22:38   #28
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Re: No anchoring in Maule Lake, FL?

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Maybe. The case law regarding municipalities may differ from the case law regarding private citizens. I'm not aware of any case directly on point. I don't think I'd bet a fortune either way.
Wonder if you can anchor on some commercial fisherman's privately owned oyster bed?
Oyster beds are leased from the state, and yes, you will pay a HUGE fine for anchoring in it!
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Old 11-03-2013, 06:28   #29
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Re: No anchoring in Maule Lake, FL?

Different state, but here in New York a canoeist just won in court against a landowner who had posted a stream passing through his property as private, no trespassing. The court held that in NY the public has a right to utilize navigable waterways, even if they are surrounded by private land and the landowner owns the bottom. The article mentions "the public trust doctrine," that means that all navigable waterways are open to the public. This doctrine is part of Florida's constitution.
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Old 11-03-2013, 06:52   #30
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Re: No anchoring in Maule Lake, FL?

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Apparently somebody paid a few bucks for this:
Oh, there are plenty of deeds floating around for areas covered by water that used to be land. Nothing novel about that.

Down on the gulf coast, there are lots of deeds still on file for land that is underwater now, due to Katrina washing away all of the land. You can sell it to anybody willing to pay you for it, but good luck doing anything else with it but telling people you own it.

Try and build a structure on it and see what happens.
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