Laserfiche WebLink
11. Blue Cypress Lake is a navigable water body. <br /> 12. Blue Cypress Lake is a non-tidal water body. <br /> 13. The Board deraigns title to the submerged real property lying waterward of the <br /> ordinary high water line of Blue Cypress Lake(where the Property and the two structures are <br /> located), from the United States under the Equal Footing Doctrine, and by Florida's admission to <br /> the Union,Act of March 3, 1845. Ch. 48, §1, 5 Stat. 742,Art. X §11 Fla. Con. The Board holds <br /> title to all submerged property, not otherwise alienated or conveyed, in trust for all of the people <br /> of the State of Florida. §§ 253.03 and 253.12, Fla. Stat.; Art. X, §11, Fla. Const. <br /> 14. The Scotts have entered upon the Property and continue to maintain, improve, and <br /> use the structures on the submerged Property. <br /> 15. The Indian River County Property Appraiser depicts Parcel No: <br /> 32360000000000000003.0 as including the Property, lists the owner as the County, and <br /> references a County deed recorded in Indian River County's Official Records Book 47. Page <br /> 507. <br /> 16. Defendants claim some right, title, or interest in and to the Property. <br /> PRAYER FOR RELIEF <br /> WHEREFORE, the Board respectfully request that this Court remove the cloud from the <br /> Board's title to the Property and quiet title unto the Board. <br /> COUNT II—TRESPASS <br /> 17. The allegations in paragraphs 1 through 8, 10 through 14, and 16 are re-alleged <br /> and incorporated herein. <br /> 18. This is an action for Trespass on real property. <br /> 19. The Board is the owner in fee simple of the Property. <br /> Page 3 of 6 <br /> 124 <br />