Broward v. Mabry

Citations

• 58 Fla. 398

Syllabus

<p>1. Under the common law of England the Crown in its sovereign capacity held the title to the beds of navigable or tide waters, including the shore or the space between high and low water marks, in trust for the people of the realm who had rights of navigation, commerce, fishing, bathing and other easements allowed by law in the waters. This rule of the common law was applicable in the English colonies of America.</p> <p>2. After the Revolution resulting in the independence of the American States, title to the beds of all waters, navigable in fact, whether tide or fresh, was held by the States in which they were located, in trust for all the people of the States respectively.</p> <p>3. When the constitution of the United States became operative, the several States continued to hold the title to the beds of all waters within their respective borders that were navigable in fact without reference to the tides of the sea, not for purposes of disposition to individual ownerships, but such title was held in trust for all the people of the States respectively, for the uses afforded by the waters as allowed by the express or implied provisions of law,, subject to the rights surrendered by the States under the Federal constitution.</p> <p>4. The right of the people of the States in the navigable waters and the lands thereunder, including the shore or space between ordinary high and low watermarks, relate to navigation, commerce, fishing, bathing, and other easements allowed by law. These rights are designed to promote the general welfare and are subject to lawful regulation by the States and such regulation is subordinate to the powers of Congress as to interstate commerce, navigation, post roads, &c. and to. the constitutional guarantees of private property rights.</p> <p>5. The trust in which the title to the lands' under navigable waters is held is governmental in its nature and cannot be wholly alienated by the States. For the purpose of enhancing the rights and intere