BOYNTON v. CANAL AUTHORITY

No. P-455.

265 So.2d 722 (1972)

William J. BOYNTON, Jr., et al., Appellants, v. The CANAL AUTHORITY of the State of Florida, a Body Corporate under the Laws of the State of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 13, 1972.


Attorney(s) appearing for the Case

L. Ralph Smith, Jr., of Smith, Moore & Huey, Tallahassee, for appellants.

Ralph E. Elliott, Jr., and Allan P. Clark, of Decker, Elliott & Kaler, P.A., Jacksonville, for appellee.


SPECTOR, Chief Judge.

Appellants seek reversal of a final judgment condemning a fee simple interest in land already subject to an easement interest in favor of appellee. In 1965, the Canal Authority instituted a suit to condemn 540 acres of appellants' land in connection with the Rodman Pool Reservoir. The court found at that time that only an easement interest was needed and awarded compensation for the easement.

Several years later, the Canal Authority again...

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