COMMUNITY CABS, INC., ETC., APPELLANT,

v.

JACKSONVILLE PORT AUTHORITY, APPELLEE

Citator

Cited By

• The Vill. OF Tequesta v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla. 1979)
  …ct of the water and not to the water itself. The ownership of the land does not carry with it any ownership of vested rights to underlying ground water not actually diverted and applied to beneficial use. In Vails v. Arnold Industries, Inc. et al., 328 So. 2d 471, 473 (Fla. 2d DCA 1976) the court said: Water, oil, minerals and other substances of value which lie beneath the surface are valuable property rights which cannot be divested without due process of law and the payment of just compensation. This ca…
• K-Mart Corp. v. State, 636 So. 2d 131 (Fla. 2d DCA 1994)
  …rests. Dama v. Record Bar, Inc., 512 So. 2d 206 (Fla. 1st DCA), review denied, 519 So. 2d 988 (Fla.1987). However, the sum of the amounts awarded to the parties cannot exceed the total value of the condemnation verdict. Valls v. Arnold Indus., Inc., 328 So. 2d 471 (Fla. 2d DCA), cert. denied, 341 So. 2d 1084 (Fla.1976) and 342 So. 2d 1104 (Fla.1977). It is also well established that in the absence of an agreement between a landlord/owner and a tenant in possession, the tenant is entitled to share proportiona…
• Jupiter Inlet Corp. v. The Vill. OF Tequesta, 349 So. 2d 216 (Fla. 4th DCA 1977)
  …of land is a form of private property, the beneficial use of which the owner of the land cannot be divested by the government for a public purpose without due process of law and the payment of full compensation. See Valls v. Arnold Industries, Inc., 328 So. 2d 471 (Fla. 2d DCA 1976). That is true whether agents of the government actually physically enter upon the owner’s property in order to take the water from the aquifer or whether they draw off the water from beneath the owner’s land by pumping. In either…

Authorities Cited

• State v. Jacksonville Terminal Co., 90 Fla. 721 (Fla. 1925)
• Miami Beach Airline Serv., Inc. v. Crandon, 159 Fla. 504 (Fla. 1947)