Symmes v. Prairie Pebble Phosphate Co.

Citations

• 64 Fla. 480

Syllabus

<p>1. The navigable waters in the State and the lands under such waters, including the shore or spaces between ordinary high and low water marks, are the property of the State or of the people of -the State in their united or sovereign capacity. Such lands are not held for purposes of sale or conversion into other values, or for reduction into several or individual ownership, but for the use of all the people of the State for purposes of navigation, commerce, fishing and other useful purposes afforded by the waters thereon.</p> <p>2. Where in an action for damages a plaintiff alleges injury to his property located in the beds of navigable waters of the State, he must show the lawfulness 'of the ownership asserted, since the acquisition of such property is not of common right, but depends upon proper legislation anu authorized appropriate action duly taken thereunder.</p> <p>3. A declaration alleging an actionable injury to the plaintiff’s ' property rights in an oyster bed in the navigable waters of the State should show the acquisition of the right from the State in the manner provided by the statutes.</p>