Bannerman v. Catts

Citations

• 80 Fla. 170
• 85 So. 336

Syllabus

<p>1. Chapter 6456 of the Acts of 1913, Laws of Florida, as amended by Section 1 of Chapter 7862 of the Acts of 1919, Laws of Florida, provides for the establishment of the “Everglades Drainage District,” for the purpose of protecting the land embraced therein from the effects of water, for agritural and sanitary purposes, for the public convenience and welfare, and the public utility and benefit. It is well settled that the drainage and reclamation of swamp and overflowed lands are a proper exercise of legislative authority.</p> <p>2. The provisions of Chapter 6456, Acts of 1913, Laws of Florida, as amended by Chapter 7862, Acts of 1919, Laws of Florida, are not in conflict with Sections 20 and 21 of Article III of the- Constitution of Florida. See also Lainhart v. Catts, 73 Fla. 735, 75 South. Rep. 47.</p> <p>3. The provisions of Chapter 6456, Acts of 1913, Laws of Florida, as amended by Chapter 7862 of the Acts of 1919, Laws of Florida, are not in conflict with Sections 1, 2, 3 and 5 of Article IX of the Constitution. The assessment made under the Acts herein involved is a special assessment for local benefits, and does not come within the Sections 1, 2, 3 and 5 of Article IX of the Constitution. See also Lainhart v. Catts, supra.</p> <p>4. It being within the legislative power to establish, directly, a drainage district for legitimate public purposes, (Lainhart v. Catts, supra), it is also within the power of the Legislature to determine the amount of the benefits to be derived, and the necessity and advisability of the local assessment, and when this is done, it is conclusive, and not subject to review by the courts, unless it is so devoid of any reasonable basis as to be essentially arbitrary and a.n abuse of power; the Legislature may also fix the amount of taxation, define the boundaries of the district; reduce or raise the drainage tax assessed against the lands in the district, and may also divide the district into zones and provide for the amount to be le