Florida Department of Transportation v. Clipper Bay Investments, LLC

Summary

The court held that the Marketable Record Title Act's exceptions for rights-of-way apply to land held by the Florida Department of Transportation in fee, because the relevant focus is the land's transportation purpose rather than the form of title. It further held that use of any part of the estate as a right-of-way preserves the entire estate, and that the undisputed use of part of the property supported the exception. The court quashed the First District's decision and directed entry of judgment for the Department of Transportation. CANADY, J., concurring in result, agreed that the right-of-way exception controlled but rejected the majority's alternative reliance on the muniment-of-title exception.