Ferry Pass Inspectors' & Shippers' Ass'n v. Whites River Inspectors' & Shippers' Ass'n

Citations

• 57 Fla. 399

Syllabus

<p>1. The State by virtue of its sovereignty holds in trust for all the inhabitants of the State the title to the lands under the navigable waters within the State including the shore or space between high and low water marks.</p> <p>•2. The common law rights of riparian owners with reference to navigable waters are incident to the ownership of the uplands that extend to high water mark.</p> <p>.3. Riparian owners have no exclusive right to navigation in or commerce upon a navigable stream opposite the riparian holdings, and have no right to so use the water or land under it as to obstruct or unreasonably impede lawful navigation and commerce by others, or so as to unlawfully burden or monopolize navigation or commerce. The exclusive rights of a riparian owner are such as are necessary for the use and enjoyment of his abutting property and the business lawfully conducted thereon; and these rights may not be so exercised as to injure others in their lawful rights.</p> <p>4. The rights of the public in navigable streams for purposes of navigation are to use the waters and the shores to high water mark in a proper manner for transporting persons and property thereon subject to controlling provisions and principles of law. The right of navigation should be so exercised as not to infringe upon the lawful rights of others.</p> <p>5. A riparian owner may use the navigable waters and the lands thereunder opposite his land for purposes of navigation and of conducting commerce or business thereon, but such right is only concurrent with that of other inhabitants of the State and must be exercised subject to the rights-of others.</p> <p>6. A riparian owner has a right to enjoin in a proper proceeding the unlawful use of the public waters or the land thereunder including the shore which is a part of the bed, when such unlawful use operates as a special injury to such riparian owner in the use and enjoyment of his riparian lands.</p> <p>7. Where the waters of a navigable river ar