Title: Opinion File 68-7 thru 68-8
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Permanent Link: http://ufdc.ufl.edu/WL00003272/00001
 Material Information
Title: Opinion File 68-7 thru 68-8
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 68-7 thru 68-8
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 60
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003272
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



68-7

.KEYW R: AAc _-



August 5, 1968





Mr. Robert L. Iatson, chief
Land Acquisition Division
Southwest Florida Water
Management Didtrict
P. 0. Box 457
Brooksville, Florida 33512

Dear Bob:

As I recall, you requested of me a copy of the opinion which
I gave concerning the use of canal berm for the purpose of
road rights of way, other than by District equipment.

I am unable to find the opinion t- which you made reference,
but I believe that it was not actually a legal opinion, but
rather an opinion based upon practical experience.

It has been, and is still, my opinion that the Southwest Florida
Water Management District should not allc,> Ihe public to use
the canal berm or any levee adjacent to the canal for the pur-
pose of public road rights of way. The reason for this opinion
is that there will be maintenance for an infinite future time
which will be a continuous expose of the District.

In addition, other damage would occur because the public would
be driving motor vehicles on the berm or canal embankments.
This, too, would be for an infinite period of time and would
be continuous in the future.

In addition to these facts, the Southwest Florida Water Manage-
ment District is not equipped to construct roads or maintan the


'* *T* i






->"'


August 5, 1968


Mr. Robert L. Watson



same with the type of maintenance equipment it has on hand,
and it would become necessary for the District to acquire and
maintain this equipment.

Sincerely,


Myron G. Gibbons


mgg/rb




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