Bowden v. City of Jacksonville

Citations

• 52 Fla. 216

Syllabus

<p>1. As incidents to the ownership of a lot bordering on a public street there are in addition to the right of passage over the street in common with the public, the private property right of egress and ingress from and to the lot by way of the street and the private property right of light and air which the street affords. The owner of such a lot takes and hold it subject to the right of the State or any duly authorized governmental agency acting for it, to improve the street for public use by altering the grade of the street, by the erection of a viaduct thereon or otherwise, for street purposes; and in the absence of legislation or a valid contract the owner has no right of action against a city authorized by law to grade and improve the street, for injury to the lot or property thereon, or for the impairment or destruction of the incidental rights of ingress and egress and of light and air which the street affords, because of changes made by the city in the grade of such street by building or rebuilding a viaduct thereon for the improvement of such street, even though such changes in the grade prove inconvenient or expensive to the lot owner in the use of his property, where there is no diversion of the street from its proper street purposes, and where the injury to the lot or property thereon or the impairment or destruction of the incidental rights, is a mere consequence from the lawful use or improvement of the street as a highway, and where there is no physical invasion of or trespass upon the lot or property, and no malice, negligence or unskilfulness in the use or improvement of the street for street purposes to the injury of the lot owner.</p> <p>2. Where a city is authorized by law to grade and improve its streets and to change the grade of the streets as the public good requires, and there is no statute or valid contract providing for damages incurred, a declaration claiming damages for -injury to a lot or property abutting thereon, or for the impairme