Everglades Sugar & Land Co. v. Bryan

Citations

• 81 Fla. 75
• 87 So. 68

Syllabus

<p>1. The discretion of the Legislature when exercised . for the public welfare in selecting the subjects of police regulations and in determining the nature and extent of such regulations is limited only by the requirements of the fundamental law that the regulations shall not invade private rights secured by the Constitution, and shall not be merely arbitrary in applying to some persons and not to others similarly conditioned.</p> <p>2. The .drainage and ¡reclamation of swamp and overflowed lands are a proper exercise of legislative authority.</p> <p>3. There is no express provision in the State Constitution as to special assessments for local improvements or as to the formation of taxing districts for particular purposes.</p> <p>4. The five State officers acting as Trustees of the Internal Improvement Fund of the State of Florida are charged with the administration of a State trust fund, consisting of the swamp and overflowed lands and other lands granted to the State by the Congress, the trustees having powers to dispose of the lands and to apply the proceeds thereof or the lands in kind to drainage and other expressed purposes, subject to such limitations and regulations as may be prescribed by law for the execution of the statutory trust. This trust is State wide in extent.</p> <p>5. The police power of the State inheres in its sovereignty and is subject only to applicable provisions of the Federal and State Constitutions designed to protect private rights from arbitrary and oppressive governmental action.</p> <p>6. Even if purchasers of swamp and overflowed lands have justiciable rights in the administration of the Internal Improvement Fund, because of the purchase of lands from the Trustees of the Fund, such rights can not stay the exercise by the State of its sovereign governmental powers to assess the lands for special purposes that are beneficial to the lands and conserve the general welfare.</p> <p>7. The obligation of the State to use the proceeds of th