Lainhart v. Catts

Citations

• 73 Fla. 735
• 75 So. 47

Syllabus

<p>1. The drainage and reclamation of swamp and overflowed lands are a proper exercise of legislative authority.</p> <p>2. The legislature, unless restricted by constitutional limitations, may establish ■ districts for draining and reclaiming large bodies of swamp and overflowed lands in the State by direct enactment, or through the medium of administrative officers or commissions.</p> <p>3. No duly enacted statute should' be declared unconstitutional unless, beyond a reasonable doubt, it is in positive conflict with some designated or identified provision of .the Constitution.</p> <p>4. A local or special charge or tax imposed on land in a Drainage District to pay for proposed local public improvements therein, by which such property derives a special benefit, constitutes a Special Assessment, distinct from general taxation for Stafe, county and municipal purposes.</p> <p>5. 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>6. When a statute does not violate the federal or State Constitution, the legislative will is supreme and its policies are not subject to review by the courts, whose province, it is not to regulate, but to effectuate the policy of the. law as expressed in valid statutes.</p> <p>7. The enactment of Chap. 6456 of the Laws of Florida, and the amendment thereto, establishing the Everglades Drainage District, being a valid exercise of the legislative power, the duties imposed upon certain county officers in carrying out the provisions of such enactments, being of the same nature as their general official duties, as well, also, as their compensation provided in such enactments, are a mere incident to, and the necessary concomitant with the exercise of the power of the legislature to establish such District and to effectuate the purposes for which it is established.</p> <p>8. Chap. 6456 of the Laws of Florida, as amended by