Town of Palm Beach v. City of West Palm Beach

239 So. 2d 835, 1970 Fla. App. LEXIS 5852
CourtDistrict Court of Appeal of Florida
DecidedOctober 9, 1970
DocketNo. 69-509
StatusPublished
Cited by2 cases

This text of 239 So. 2d 835 (Town of Palm Beach v. City of West Palm Beach) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Palm Beach v. City of West Palm Beach, 239 So. 2d 835, 1970 Fla. App. LEXIS 5852 (Fla. Ct. App. 1970).

Opinion

WALDEN, Judge.

This petition for certiorari concerns the law of eminent domain.

The City of West Palm Beach instituted a condemnation proceeding, via its eminent domain power, to appropriate a strip of land located solely within the Town of Palm Beach for the construction of pipe lines and/or mains for an ocean outfall as part of a sewage disposal system for the City of West Palm Beach and uses incidental thereto. The plan was to build a pipeline 48" in diameter, capable of transmitting 60 million gallons of public sewage daily, which would pass through Palm Beach to a discharge point 5800 feet offshore in the Atlantic Ocean. Prior to discharge, the sewage would be subjected only to preliminary treatment, i. e. the removal of floating objects, the grinding of solid matter, and the injection of chlorine for odor control. In addition to obtaining land for the pipeline, the City of West Palm Beach also sought to take land for the construction of a reinforced masonry vault or chamber, the purpose of which would be to remove methane and hydrogen sulfide gas and air which might collect in the pipeline and create a possible air lock.

Pursuant to F.S.1967, section 74.051, F.S. A., a hearing was had to determine if the City of West Palm Beach should be allowed to appropriate the necessary land. The trial court found in the affirmative and granted an Order of Taking over the objection of the Town of Palm Beach. Upon having its motion for a re-hearing denied, the Town of Palm Beach has petitioned this court for certiorari in an effort to secure relief from the Order of Taking.

[837]*837The narrow issue presented by the petition is

“Whether the taking of petitioner’s property for the construction of an outfall for the transmission and disposal of sewage into the off-shore waters of the Atlantic Ocean, and for other uses allegedly incidental thereto, under the order of taking entered by the court below, is within the power of eminent domain delegated to the City of West Palm Beach?”

The first point to consider is whether a municipality may use the power of eminent domain delegated by F.S.1967, chapter 184, F.S.A., to acquire property within the city limits of another municipality for the purpose of constructing mains and lines constituting a sewage disposal system. It will be seen that F.S.1967, section 184.03, F.S.A., confers broad powers upon a city in achieving an effective sanitary disposal system:

“Section 184.03: General grant of powers.
“The council of any municipality in the state is hereby authorized and empowered :
“(1) to construct, and to improve, extend, enlarge, reconstruct, maintain, equip, repair and operate a sewage disposal system or systems, either within or without or partly within and partly without the corporate limits of the municipality, and to construct or reconstruct sanitary sewers within the corporate limits of the municipality;
* * * * * *
“(4) to acquire in the name of the municipality, either by purchase or the exercise of the right of eminent domain, such lands and rights and interests therein, including lands under water and riparian rights, and to acquire such personal property, as it may deem necessary in connection with the construction, reconstruction, improvement, extension, enlargement or operation of any sewage disposal system or sanitary sewers, and to hold and dispose of all real and personal property under its control;
* * * * * *
“ (8) to construct and operate trunk, intercepting or outlet sewers, sewer mains, laterals, conduits or pipelines in, along or under any streets, alleys, highways or other public places within the state; * * (Emphasis supplied.)

Thus, F.S.1967, section 184.03, F.S.A., clearly authorizes the taking of land in another municipality to construct the system.

The question then arises as to whether this chapter authorizes the taking of land in order to construct the gas removal vault or chamber, an integral part of West Palm Beach’s plan. Petitioner, the Town of Palm Beach, contends appropriation of land for these purposes requires its consent and approval per F.S.1967, section 184.02(4), F.S.A. The relevant portions of this section provide:

“ * * * that in the event of an extension into * * * another incorporated area, the governing body of the county or affected municipality must have first approved thereof, other than such mains and lines as constitute a part of the 'sewage disposal system. * * * ” (Emphasis Respondent — West Palm Beach’s.)

Respondent counters the effect of this section by directing our attention to F.S.1967, section 184.02(3), F.S.A.:

“The term ‘sewage disposal system’ shall mean and shall include any plant, system, facility or property used or useful or having the present capacity for future use in connection with the collection, treatment, purification or disposal of sewage, including industrial wastes resulting from any processes of industry, manufacture, trade or business or from the development of any natural resources, or any integral part thereof, and, without limiting the generality of the foregoing definition, shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains and all necessary [838]*838appurtenances and equipment, and shall include all property, rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof.” (Emphasis Respondent’s.)

We believe that the construction of the gas removal vault is an integral part and necessary for the purpose, operation, and maintenance of the proposed sewage disposal system. The vault in its location is, as we understand it, indispensable to the operation of the "mains and lines.” Thus we opine that it is within the definition of such a system as indicated by the italicized portions of F.S.1967, section 184.02 (3), F.S.A. Accordingly, the consent provision of F.S.1967, section 184.02(4), F.S.A., is not applicable. This argument by respondent is strengthened in view of F.S. 1967, section 184.18, F.S.A., which provides, in part:

“ * * * This chapter being necessary for the welfare of the inhabitants of the municipalities in the state, shall be liberally construed to effect the purposes thereof.”

As a general proposition as concerns the right of a municipality to condemn land in another municipality for the construction of sewer lines we notice with approval the commentary in McQuillin, Municipal Corporations, § 31.16, as follows:

“§ 31.16. Sewers extending beyond corporate limits.
“It is usual for municipal charters, or legislative acts applicable, to provide for the construction of sewers which extend into or drain territory beyond the corporate limits. And it has been held that a municipality having power to construct sewers may extend the same beyond its boundaries when necessary or manifestly desirable to afford a proper outlet for the disposal of its sewage.

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Related

St. Andrews Public Service District Commission v. Commissioners of Public Works
344 S.E.2d 857 (Court of Appeals of South Carolina, 1986)
State v. City of Riviera Beach
397 So. 2d 685 (Supreme Court of Florida, 1981)

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Bluebook (online)
239 So. 2d 835, 1970 Fla. App. LEXIS 5852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-palm-beach-v-city-of-west-palm-beach-fladistctapp-1970.