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COUSE v. CANAL AUTHORITY

No. 36443.

209 So.2d 865 (1968)

John H. COUSE and Barnetta S. Couse, His Wife, Petitioners, v. The CANAL AUTHORITY of the State of Florida, a Body Corporate under the Laws of the State of Florida, Respondent.

Supreme Court of Florida.

May 1, 1968.

Attorney(s) appearing for the Case

Ronald Sales and Ronald E. Jones, West Palm Beach, for petitioners.

C. Ray Greene, Jr., Jacksonville, for respondent.

DREW, Justice.

Petitioners in this case were defendants in an eminent domain proceeding in the circuit court under F.S. Chapter 73 and Section 74.051, F.S.A. The court denied a motion to dismiss the proceedings, rejecting contentions that the latter statute was unconstitutional and the complaint insufficient. Following entry of an order of taking under the statutory provisions1 authorizing transfer of possession and title in advance of...

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