State v. City of Tampa
| Decision Date | 09 September 1924 |
| Citation | 88 Fla. 196,102 So. 336 |
| Parties | STATE et rel. BUFORD, Atty. Gen. v. CITY OF TAMPA et al. |
| Court | Florida Supreme Court |
Rehearing Denied Nov. 5, 1924.
En Banc.
Suit by the State, on the relation of Rivers H. Buford, Attorney General, against City of Tampa and another. From a decree for defendants, plaintiff appeals.
Affirmed.
Syllabus by the Court
Title to submerged lands in state subject to federal control of navigation. The title to marshlands, subject to tidal overflow and the shoal waters of bays and inland waterways is in the state, by reason of her sovereignty, and under her control subject to the control of the United States government for purposes of navigation.
No constitutional inhibition against Legislature's disposal of submerged lands, nor any declared trust in tide waters or submerged lands. There is no provision in the Constitution of this state expressly or impliedly forbidding the Legislature to dispose of submerged lands lying between high and low water mark, nor declaring any trust in the state in its tide waters, nor the submerged lands that may be subject to overflow at high tide. Whatever trust exists is that of the common law, which the state, through its Legislature, assumed and the state accepted, with reference to such lands when it was admitted to the Union.
Beyond federal control of navigation, control of submerged lands rests with state and riparian owner. In so far as the trust in the state affects the right of navigation, it was completely taken over by the national government under the Commerce Clause of the federal Constitution. Beyond that, the control rests with the state and the riparian owner.
Title to submerged lands not bordering on navigable waters is in state, but may be parted with by Legislature. Lands that do not immediately border on navigable waters, but which are covered by water not capable of navigation for useful public purposes, such as mud flats, shallow inlets, and lowlands covered more or less by water permanently, or at intervals where the tide ebbs and flows, and the waters thereon are not in their ordinary state useful for public navigation, are held by the state for the use and benefit of the public for boating, fishing, and swimming, but the state may part with the title to same by act of the Legislature.
Law granting city of Tampa state submerged lands held to constitute sufficient authority for contract for reclamation. Chapter 4882, Laws of 1899, which granted to the city of Tampa, in fee-simple absolute, all lands owned or held by the state of Florida, in trust or otherwise, and lying and being within the corporate limits of the city, whether said lands are covered, or partly covered by the tide, or other waters including all sawgrass and marshlands, as well as the bottom of Hillsborough Bay and Hillsborough river, constitutes sufficient authority to the city of Tampa to enable it to enter into a contract for the reclamation and development for residential purposes of certain lands embracing Grassy Island and Depot Key and certain lands adjacent which are partially covered by the waters of Hillsborough Bay, and consist of mud flats having no value for purposes of commerce or navigation.
Laws granting to riparian owners rights in submerged lands held constitutional. Chapter 8537, Acts of 1921, divesting the state of all right, title, and interest to all lands covered by water lying in front of any tract of land owned by the United States or by any person, natural or artificial, or by any municipality, county or governmental corporation, under the laws of Florida, lying upon navigable streams or bays of the sea as far as the edge of the channel, and giving to such riparian proprietors the right to build wharves into streams or waters of the bay or harbor as far as may be necessary to effect the purposes described, and to fill up from the shore as far as may be desired, not obstructing the channel, and upon lands so filled in to erect improvements consisting of buildings, dwellings, and warehouses, etc., is not obnoxious to the Constitution. Appeal from Circuit Court, Hillsborough County; F. M. Robles, judge.
Rivers Buford, Atty. Gen., and J. B. Johnson, of Tallahassee, for appellant.
James F. Glen, Mabry, Reaves & Carlton, and Hilton S. Hampton, all of Tampa, for appellees.
The Legislature, by chapter 4883, Laws of 1899, so amended the city charter of the city of Tampa that the southern boundary line of said city was described by a line extending from a point in Tampa Bay where the section lines between sections 29 and 30, and 29 and 32, in township 29 south, range 19 east, if extended into the bay would intersect, to the southwest corner of section 36 in township 29 south, range 18 east. The western boundary line, under said act, extends due north from the southwest corner of section 36 to the northwest corner of section 13 in said township and range.
The Legislature, by chapter 4882, Laws of 1899, approved June 1st of that year, two days after the approval of chapter 4883, undertook to grant to the city of Tampa, in fee-simple absolute----
'all lands owned or held by the state of Florida, in trust or otherwise, and lying and being within the corporate limits of said city of Tampa, whether said lands are covered, or partly covered by the tide, or other waters, and including all sawgrass and marshlands, we well as the bottom of Hillsborough Bay and Hillsborough river.'
The second section of this act is as follows:
The southern boundary line of the city of Tampa, as above described, lies wholly in Hillsborough Bay, a navigable body of water, and a large area lying north of that line, with the exception of two small islands, namely, Grassy Island and Depot Key, is submerged lands, and constitutes part of the bottom of Hillsborough Bay. A part of the Government Ship Canal, which extends from a point on the south boundary line into section 24, township 29 south, range 18 east, lies within the city limits as described by chapter 4883, supra.
In 1913, by chapter 6781, the Legislature granted to the city of Tampa 'certain lands and middle ground and overflowed lands in the Hillsborough river and in Sparkman Bay and in Hillsborough Bay in Hillsborough county,' for a period of 1,000 years, for the purpose of commerce, navigation, and municipal docks and terminals for such purposes. It was provided that the improvements of docks and terminals on such lands, or any part thereof, be made within 25 years. The city was granted the right to widen, extend, or deepen the channel of the Hillsborough river and Sparkman Bay and Hillsborough Bay, and to 'fill in, build up, have, possess, use, and own shoals, shallows, and middle ground or flats and all overflow lands therein.' It was also provided that the 'rights and privileges of navigation now vested in owners of lands abutting on said submerged lands heretofore granted or acquired shall not be impaired.'
The act described the 'certain lands and middle ground and overflowed lands' by metes and bounds and such lines embrace all the lands and bottoms of Hillsborough Bay and lands covered by the tide, or other waters, granted to the city in 1899 by chapter 4882, supra.
In 1921, by chapter 9095, the Legislature validated an election held in the city of Tampa in 1920, under the provisions of the Act of 1915, c. 6940, entitled: 'An Act Authorizing Cities and Towns To Amend Their Charters and To Adopt Charters for Their Government.' By that act, chapter 9095, the government of the city was changed to the commission form of government.
There were other acts of the Legislature enacted since 1899 dealing with the powers and properties of the city of Tampa.
In 1917, by chapter 7304, the Legislature enacted that:
'The title to all islands, sand bars, shallow banks or small islands made by the process of dredging of the channel by the United States government located in the tidal waters of the counties in the state of Florida, or similar, of other islands, sand bars and shallow banks upon which the water is not more than three feet deep at high tide and which are separated from the shore by a channel or channels, not less than five feet deep at high tide, or sand bars and shallow banks along the shores of the mainland in which the title is not, at this date, invested in prior parties, is hereby invested in the trustees of the internal improvement fund of the state of Florida, to be held by the state of Florida, and disposed of as hereinafter provided.'
Section 2 of the act provided that the trustees should have the power to sell and convey the islands and submerged lands granted upon such prices and terms as they shall see fit after notice given by publication in a newspaper published in the county seat of the county in which such lands, or submerged lands, are located.
Section 6 repealed all laws and parts of laws in conflict with the act.
In 1921 the Legislature enacted a law entitled 'An Act Granting and Confirming Riparian Rights and Submerged and Filled-in Lands.' The chapter is numbered 8537. Section 1 provides:
'Whereas, it is for the benefit of the state of Florida that water front property be improved and developed; and
'Whereas, the state being the proprietor of all submerged lands and water privileges within its boundaries, which prevents the riparian owners from improving their water lots: Therefore----
'The state of Florida, for the consideration above mentioned subject to any inalienable trust under which the...
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