Under the federal Swamp and Overflowed Lands Act of 1850, the Trustees of the Internal Improvement Fund (TIIF) (3) received title to two-thirds of the land mass of Florida.
The court struck the minutes of the Trustees of the Internal Improvement Fund, which was placed in the appendix to the brief, because the minutes were not presented to the trial court.
FDEP, after a review of the minutes of the Trustees of the Internal Improvement Fund (the same minutes stricken in Mann), concluded that the road right-of-way reservation applies to all lands and is not limited to those parcels which aggregate 10 acres or greater.
(3) In 1937, the Trustees of the Internal Improvement Fund consisted of the governor and members of the governor's cabinet.
(23) 22 MINUTES OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 317 (1940).
(38) 23 MINUTES OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 4 (November 9, 1943).
1908), a riparian (waterfront) landowner in Nassau County claimed private ownership of part of the bed of the Amelia River on the basis of a swamp deed.(56) In unanimously rejecting his claim, the Florida Supreme Court held that a swamp deed "does not affect the title held by the state to lands under navigable waters by virtue of the sovereignty of the state."(57) Because the marsh lands lay below the ordinary high water mark of the Amelia River, they were not "swamp and overflow lands" within the meaning of the act but sovereignty lands which the trustees of the Internal Improvement Fund had no authority to convey.(58) The identical issue was addressed in Martin v.
The rationale underlying both Gerbing and Martin was that the trustees of the Internal Improvement Fund could not convey what they did not own.
The landowner argued that the lands at issue were salt marshes and not river, that his title deraigned from a swamp deed issued by the Trustees of the Internal Improvement Fund based on a swamp land patent from the federal government, that this deed contained a legal description which included the lands at issue, and that the deed was therefore proof that the United States and Florida considered these lands to be swamp lands and not sovereignty lands.