Florida Central & Peninsular Railroad v. Ocala Street & Suburban Railroad

Citations

• 39 Fla. 306

Syllabus

<p>1. The powers of a municipal corporation over its public streets are held in trust for the public benefit, and can not, in the absence of clearly delegated authority, be surrendered or delegated by contract to private parties, either corporate or natural.</p> <p>% The well established rule is that a municipal corporation can exercise only such powers as are granted to it in express terms, or those necessarily or fairly implied in or incident to the powers expressly granted, or those that are essential and indispensable, not simply convenient, to accomplish the objects and purposes of the corporation.</p> <p>'-3. The powers conferred upon cities and towns by the general act, section 17, page 248, McClellan’s Digest, to regulate, improve, alter, extend and open streets, lanes and avenues, and to cause encroachments and obstructions, decayed buildings and ruins to be removed, did not authorize the municipal corporation of the city of Ocala to vest, by contract, in a street railway corporation an exclusive right to construct railroad tracks on all the streets of the city as then laid out, or that might hereafter be laid out, for a period of ten years.</p> <p>■ 4. A public street of a city can not be destroyed even in part by the municipality unless the authority to do so is conferred in express terms, or by necessary implication.</p> <p>5. Under the powers conferred by statute, section 17, page 248, McClellan’s Digest, a municipality can alter a street by abandoning a portion of it when done in the reasonable exercise of such authority for the public good.</p>