STAPLIN v. CANAL AUTHORITY

No. J-371.

208 So.2d 853 (1968)

W.W. STAPLIN, Petitioner, v. The CANAL AUTHORITY of the State of Florida, a Body Corporate under the Laws of the State of Florida, Respondent.

District Court of Appeal of Florida. First District.

Rehearing Denied April 29, 1968.


Attorney(s) appearing for the Case

Phillip Goldman of Scott, McCarthy, Steel, Hector & Davis, Miami, and Milbrath & Walkup, Ocala, for petitioner.

Ralph E. Elliott, Jr., and C. Ray Greene, Jr., Jacksonville, for respondent.

Edward F. Boardman, U.S. Atty., and Gary B. Tullis, Asst. U.S. Atty., amicus curiae.


WIGGINTON, Chief Judge.

Petitioner seeks review by certiorari of a supplemental order of taking rendered in an eminent domain proceeding adjudging that respondent is entitled to acquire the fee simple interest in the bed of a proposed water reservoir, and in a strip or collar of land 300 feet wide contiguous to the proposed reservoir area. It is the holding of the trial court that respondent is entitled to acquire the fee simple title as distinguished from a permanent...

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