State ex rel. Moody v. Baker

Citations

• 20 Fla. 616

Syllabus

<p>1. A section or a part of a section of a statute providing a method by a corporation of exercising the right of compulsory purchase of land may be unconstitutional. If, however, there are sufficient independent provisions constitutional'in their character to provide a complete method of proceeding, effect will be given to such last named portions of the act and the condemnation authorized.</p> <p>2. Section 20 of chapter 1987, being the general statute for the incorporation of railroads in this State, in so far as it authorizes a railroad company which has not acquired title to land upon which it has constructed its track to have an appraisal for the damages done to the owner thereof to remain in possession during the pendency of the proceedings, and to have a stay of all actions pending against the company on account thereof on such company paying into court a sufficient sum to pay the compensation therefor when finally ascertained, is constitutional. The rights of the several parties under this section, so far as it controls this case, determined. So also is there sufficient and adequate means to ascertain the value of the land constitutionally prescribed and fixed by the 14th section of the same act.</p> <p>3. The mode or method of exercising the right of eminent domain in the absence ot any provision in the organic law regulating it is within the discretion of the Legislature. The limitation is that it shall be exercised for a public purpose, with just compensation ; and vesting the power of ascertaining it in a court and appraisers,. is constitutional. It is not necessary that the owner shall have the right under the act to institute the proceeding to condemn the property, or that his right of action should be increased.</p> <p>4. In cases of actions by land owners against railroad companies, the Legislature has the power to prescribe reasonable rules, staying such as seek to dispossess the company pending constitutional proceedings of condemnation by it.</p