Negotiating the Maze: Tracing Historical Title Claims in Spanish Land Grants and Swamp and Overflowed Lands Act

This article discusses the treatment of submerged sovereignty lands transferred to the United States through quitclaim transactions; states acquiring such lands were instructed that they be used to benefit the public interest and, as such, transfer was prohibited unless it would advance such interests. For comparison, the article also traces the acquisition and treatment of those lands which Florida took title to upon statehood as swamp and overflowed lands to be used, conversely, for purposes of internal improvement. To distinguish between the treatment of the lands acquired through the different methods, the article traces the various state and federal legislative acts enacted to deal with both. The ultimate goal of the authors in this article is to address the difficultly in properly evaluating the validity of public and private claims to submerged sovereignty lands and swamp and overflowed lands that arise as a result of the differing treatments

Negotiating the Maze: Tracing Historical Title Claims in Spanish Land Grants and Swamp and Overflowed Lands Act

This article discusses the treatment of submerged sovereignty lands transferred to the United States through quitclaim transactions; states acquiring such lands were instructed that they be used to benefit the public interest and, as such, transfer was prohibited unless it would advance such interests. For comparison, the article also traces the acquisition and treatment of those lands which Florida took title to upon statehood as swamp and overflowed lands to be used, conversely, for purposes of internal improvement. To distinguish between the treatment of the lands acquired through the different methods, the article traces the various state and federal legislative acts enacted to deal with both. The ultimate goal of the authors in this article is to address the difficultly in properly evaluating the validity of public and private claims to submerged sovereignty lands and swamp and overflowed lands that arise as a result of the differing treatments

Florida\u27s Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes)

The United States Supreme Court in National Federation of Independent Business v. Sebelius (Sebelius), famously invoked broccoli to limit the scope of Commerce Clause. All of the Justices used broccoli as a plot device to further their respective arguments answering whether the individual mandate to buy health insurance was constitutional. This article discusses the other end of the economic spectrum – local. We explicate Florida’s local government regulations of urban planting, growing, and selling of broccoli, as well as other fruits, vegetables, and animals. This requires a history of urban agriculture and local zoning laws before we discuss current laws and suggest future directions