Home » Regulatory Compliance » Florida Phosphate Mining And The Public Belief Doctrine

Through the previous seventy years of phosphate strip mining in west-central Florida, the phosphate trade has at a while been confronted with strip mining navigable waterways and riparian lands as outlined by “The Public Trust Doctrine”. The doctrine defines navigable waterways and riparian lands adjoining to the waterways as public area. The Public Belief Doctrine is constant 12 months after 12 months the premise for The Florida Supreme Court docket selections in issues disputing the validity of public waterways and public lands or “sovereignty lands.” The Florida Supreme Court docket isn’t any stranger to circumstances involving navigable waterways and riparian lands. The Court docket constantly by means of the years primarily based their selections on “navigability” utilizing The Doctrine as a information because the flip of the 20 th century. The most recent case involving the Peace River and watershed considerations “swamp deeds”. The Doctrine was discovered to trump all “property deeds of ownership” by people claiming rights of possession by means of “swamp deeds” to public waterways and riparian lands. Clearly the Florida judicial system traditionally sides with the Public Belief Doctrine, seeming constitutional in observe. Florida’s Supreme Court docket depends on the Public Belief Doctrine to settle many disputes regarding navigable waterways and riparian lands. An empirical instance of navigable waterways and riparian lands is an space in west central Florida known as the Peace River Basin and Watershed. This specific watershed is understood to be traveled by early pioneers and Native Individuals earlier than 1845, so on the time of statehood in 1845, the Peace River watershed turned the property of the state of Florida given by sovereignty of the USA for public use in transportation, commerce, leisure, and the like. Sadly, Florida’s phosphate trade land can also be positioned within the Peace River watershed. Phosphate trade officers could direct mining operations to strip mine public (three) waterways and riparian lands with out a lot ado from brokers of the state charged with defending Florida’s public waterways and land. It seems the phosphate trade could also be illegally strip mining public lands and waterways. A number of the giant tracts in query which additionally maintain navigable waterways within the Peace River watershed are being strip mined day by day. The general public lands and waterways described above are “permitted” by state officers to be strip mined for phosphate. Sadly, Florida’s residents are unaware of the extreme environmental impacts brought on by phosphate trade practices. Nonetheless, state officers issuing permits to the phosphate trade could not have sovereign authority to take action, primarily based on the Doctrine (2). Constitutionally, Florida state officers don’t have any “power to convey” navigable waterways and riparian lands to any entity, stated in a ruling from the Florida Supreme Court docket. The Court docket stated Florida’s elected officers can not convey public lands and waterways as a result of they don’t have the “sovereign authority” to take action. The Public Belief Doctrine is a residing doc as a consequence of many causes, however one purpose specifically. When Florida land surveyors first surveyed Florida and all that it contains, the surveyors did such a horrible job that their outcomes have been discovered to be in error most often and can’t be trusted for accuracy. Many navigable waterways and riparian lands have been by no means surveyed as meant inflicting giant tracts of land holding public waterways and lands to be offered or misappropriated by mistake. Both approach, public waterways and lands have been and proceed to be strip mined by Florida’s phosphate trade.

Giant tracts of land within the Peace River watershed apparently could also be conveyed in error by state officers not approved to take action primarily based on The Public Belief Doctrine. This can be the case with phosphate trade property within the Peace River watershed the place phosphate strip mining happens day by day. If so, then the suitable state companies could also be unaware of their duties regarding The Public Belief Doctrine. Florida’s residents are unaware of the lack of Florida’s public waterways and lands by strip mining over time as a result of little info is talked about domestically to deliver public consciousness on this topic to the forefront. Yr after 12 months the phosphate trade insidiously strip mines extra attainable navigable waterways and riparian lands hid from public view or information. Florida’s elected officers additionally filter essential environmental details about extreme environmental impacts brought on by the phosphate trade. (1) Florida elected officers have been conscious and understood public rights are being neglected regarding The Public Belief Doctrine within the Peace River watershed. Reference Public Belief Doctrine. – guides.legislation.fsu.edu/c.php?g=84869&p=547198. THE PUBLIC TRUST DOCTRINE AND SOVEREIGNTY LANDS -.jstor.org/steady/42842545. The Public Belief Doctrine: Historic Safety for Florida’s Navigable Waters-.floridabar.org/divcom/jn/jnjournal01.nsf/Creator/8D98D298C0060C0785256B110050FFB7.

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