W. SHANNON LINNING ET AL., APPELLANT INTERVENORS,
v.
UNITED STATES OF AMERICA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Individual citizens and taxpayers do not have a sufficient interest to intervene in a federal condemnation action concerning state-held tidal lands.
The United States sought to condemn tidal lands adjoining property it already owned in Florida. Taxpayers attempted to intervene, arguing the lands we…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Public Trust Doctrine cases and more on FLexlaw
PER CURIAM.
The United States had acquired a tract of land in Duval County, Florida, with an Atlantic Ocean frontage of about 5500 feet for housing and recreational purposes in connection with the United States Naval Station at Mayport, Florida. The United States filed a complaint in condemnation against the Trustees of the Internal Improvement Fund of the State of Florida to acquire the land within the tidal range adjoining the property which it had previously acquired. The Trustees consented to the taking of the property and to the acquisition of title by the United States upon the payment of its fair market value.
The appellant, W. Shannon Linning, as a citizen and taxpayer, who was later joined by sixty-six others, filed a petition in intervention asserting that these tidal lands were held in trust for the use of all the citizens of Florida and could not be alienated nor, it was asserted, could these lands be appropriated by the United States since they were already held by an agency of the State of Florida for a governmental purpose.
The district court concluded that the-appellants had no such interest as permitted them to intervene under Rule 24, Fed.Rules Civ.Proc., 28 U.S.C.A. and denied the petition in intervention.
Ownership by or in trust for the public does not create an ownership interest in individual citizens and taxpayers such as requires or permits them-to be parties to a condemnation action-by the United States. It is well settled that the United States may acquire for its use lands held by a State even though the land be already dedicated to a public use.
The order of the district court was properly entered and is
Affirmed.