Since the beginning of the twentieth century, the phosphate industry has acquired large tracts of land in the western part of central Florida, including former world River watershed. Florida & # 39; phosphate industry in the world is produced in the basin, which also include "Sovereignty earth." Florida & # 39; State institutions charged with the second "resolution" of the phosphate industry strip mines in the vicinity of rivers of the world can do it is illegal based on the doctrine of public trust (3). The sovereignty of the land expressed publicly in Florida and can not be changed in any way that violates the natural processes.
Much of west central Florida's landscape is made up of lowlands and swamps. Florida & # 39; High Court rules historically seconds against the requirements of the "swamp case" and claims "overflow lands" in the world of the river basin, because the river of the world is defined as "a navigable waterway." The argument for Florida and # 39; nd the Supreme Court against the cause of wetland and overflow lands based on the doctrine of public trust Florida. Judges of the Court of Public Trust Doctrine in the case, including wetlands, low-lying and flood as well.
Court proposes "examples of land sovereignty." They may be small vegetate the coast, which are flooded during the rainy season and below the high water boundary surrounding all bodies of water in question (lake, river) and is considered "the sovereignty of the land", by definition, on the basis of the doctrine of public trust. Court & # 39; s ruling also reflects a coastal land in the far a navigable waterway. The Court explained, areas are not always loaded on the outer edges of the waterway were more in the nature of coastal lands and sovereignty, in fact, because they are below the high water reservoir assessment in question. In this case, the water body in question with a & # 39 is the world's river and watershed.
In the cases examined by the Florida Supreme Court, which concerns the sovereignty of the land; Court rejects all business requirements for the properties on adjacent waterways and coastal lands or "sovereign lands." Court dismisses the case of property, if the institutions involved in the sale of land does not have the right "to transfer the sovereignty of the earth", based on the doctrine of public trust, constitutional doctrine. The value of large tracts of land sold to the phosphate industry may not be legal to sell, because "these" large tracts of land in the central part of west Florida, "the sovereignty of the earth", based on the watershed of the rivers of the world and social doctrines Trust.
Determination of the sovereignty of the land & # 39 are those land beneeth navigable waters issue. Ownership of land sovereignty is not based on a legal description, but on the nature of the water body in question. Waterways defined body of water & # 39; s natural characteristics, not any act or recording features, all of which are discussed in the public trust doctrine. Florida & # 39; navigable waterways s clearly established Trust Doctrine and Florida A & # 39 public; s Supreme Court ruling on the matter.
Watershed rivers of the world, as we know, with the & # 39 is a public navigable "body of water" in the central part of West Florida. In those areas where the landscape with a & # 39 is a flat, a big part of these reservoirs have a permanent place marked on the ground for high and low watermarks, watermarks & # 39 are the outpatient in nature. Historically, they gradually shift, responding to natural processes such as erosion or accretion (to build). In cases where high or low scores of water is difficult to establish, due to natural causes, the Florida Supreme Court ruled this type of landscape as Coastal (public) in nature, or the sovereignty of the land.
Powerful phosphate dragline with 39 & # is guilty, sur & # 39; ozna change or remove sovereignty navigable waterways and land in west central Florida for strip mining operations. Operators are instructed operations and # 39; managers, to remove everything in their path in order to achieve valuable phosphate rock directly under the "sovereignty of the land" and "navigable" waters.
Many large tracts of land sold to the phosphate industry in west-central Florida to keep navigable waterways and land sovereignty. It's no secret; all the central-western part of the mining operations in Florida can be seen from Google © Maps. However, the property can be transferred illegally. Watershed rivers of the world covers nearly 2,500 square miles. The upper watershed of the river covers the world of Barium, Mulberry, and, Pinecrest, FL phosphate agent. (2) Phosphate about the & # 39; sites in Bartoli and Mulberry are two of the largest mining strip operations in the United States.
It is very likely, Florida & # 39; phosphate industry with negative (1) the impact on the watershed of the rivers of the world, because the production facilities are located within the watershed of rivers of the world. Historically, about & # 39; sites in Mulberry and Bartoli cause serious & # 39; a serious impact on the environment on the basis of billions of gallons of highly toxic waste by-product "releases" for a long time from each of the & # 39 object.
It may be "impossible" for Florida & # 39; s phosphate industry 'no' to provide sur & # 39; a serious negative impact on the watershed of the rivers of the world. Specific items on the phosphate industry with & # 39 are controversial, if not out of ignorance illegal on the basis of the doctrine of social and Trust "land sovereignty 'doctrine. However, ignorance is not of & # 39 is no excuse for breaking the law.
1. Overview of EPA & # 39, S Final Economic Analysis … – nap.edu/read/13376/chapter/3.
2. General Information Phosphate Mining. – mymanatee.org/home/government/departments/parks-and-recreation/natural-resources/environmental-protection/mining-services/phosphate-mining-overview/additional-phosphate-mining-information.HTML.
3. The public trust doctrine: Historic Protection for Florida & # 39, S-navigator … – floridabar.org/divcom/jn/jnjournal01.nsf/Author/8D98D298C0060C0785256B110050FFB7.