CopyCited 32 times | Published | Supreme Court of Florida
...§ 298.07, F.S.A., which provides for changing boundary lines of a district upon the petition of the Board of Supervisors of the district, the Department of Natural Resources, or the owners of land adjacent to such district. The statute is similar to Fla. Stat. § 298.01, F.S.A., which regulates the formation of a district, except in the manner of notice required....
CopyCited 16 times | Published | Supreme Court of Florida
...One was based on negligence, one on trespass, and one on the unlawful taking of property. It was averred that as a condition precedent to the formation of the district, the landowners in the district were obligated to pay the expenses of maintaining the improvements, Section 298.01, Florida Statutes 1953, and F.S.A., and that the damage to the plaintiff was the result of fulfilling *354 the obligation....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21194
...833 (1956); see generally 20 Fla.Jur.2d Drains & Sewers § 6 (1980). The appellee District, in the present case, has asserted that the Legislature conferred general police powers on water control or drainage districts. To support this assertion, the appellee relies on certain language that was contained in Section 298.01(1), Florida Statutes (1979)....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8421
...nt to the initial petition for incorporation and formation of the drainage district, pointing out that the legislature has provided in Chapter 298 a multi-step procedure, the first step being the incorporation of the district as provided in Sections 298.01 through 298.07....
...district; but we can find no authority either in the Statute nor in the McKinnon case authorizing the intervention of the State of Florida ex rel. Robert Shevin, as Attorney General, in the initial step of formation of the corporation under Sections 298.01 through 298.07. We next consider the contention of appellees that the reference in Section 298.01 to “majority of owners” or “Owners of a majority of the acreage” means that *422 one person or corporation cannot form a drainage district....
...include “one citizen.” We next turn to the interpretation of the term or phrase “a majority of the owners, or the owners of a majority of the acreage of any contiguous body of wet or overflowed lands or lands subject to overflow” as used in Section 298.01. The Circuit Judge obviously interpreted Section 298.01 to require a petition by a majority of the owners of all lands which are subject to overflow and which are contiguous. Stated another way, the Circuit Court held that Section 298.01 requires the majority of the owners of the acreage of the largest land mass subject to overflow to join in the petition....
...ict is no bar to organization. A remedy is provided but that remedy is not refusal to allow organization. The remedy is to bring them in after organization.” In re Drainage Dist. No. 100 of Grant County, (1954) 157 Neb. 833 , 62 N.W.2d 68, 70-71 . Section 298.01 provides that “owners of the majority of the acreage of any contiguous body of wet or overflowed lands or lands subject to overflow” may petition for the creation of a proposed district....
...Knight Brothers Paper Company, Fla.App.1st 1960,
118 So.2d 664 ; Ross v. Gore, Sup.Ct.Fla.1950,
48 So.2d 412 ; Clark v. Kreidt, 1940,
145 Fla. 1 ,
199 So. 333 ; A. R. Douglass, Inc. v. McRainey, 1931,
102 Fla. 1141 ,
137 So. 157 . Contrary to the Circuit Judge’s ruling, Section
298.01 is unambiguous as applying to “any” portion of the land subject to overflow. The Circuit Judge evidently relied upon the phrase “any contiguous body” in Section
298.01. It is clear and unambiguous that this phrase merely means that the lands within the proposed district must be contiguous. The Court erred in its construction and interpretation of this provision because Section
298.01 is unambiguous....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
Statutes, provides for water control and drainage. Section
298.01, Florida Statutes, provides: "It is the legislative
