By Derek D. Perry*
Conflict exists between archaic common law and modern practical realities as to whether rights of way may be bartered and sold by local governments. Rights of way are held in trust by local governments on behalf of the public. Common law provides dated and conflicting direction for local governments seeking to protect public interests when vacating rights of way at the private sector’s request. Right of way vacations can spur redevelopment, benefit public safety, and increase property values. However, closing rights of way may cause traffic problems, flooding, and other unforeseen consequences. This Article seeks to first serve as a primer in right of way vacations for local government and land use practitioners. Second, this Article offers a historical perspective on right of way vacations and platting in Florida, contrasted against ever evolving socio-political expectations for local governments. Finally, this Article addresses the modern realities in vacating rights of way and highlights how the existing statutes and common law fall short—and provides legislative and judicial suggestions for resolving these shortcomings.