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WILKERSON v. DIVISION OF ADMIN., STATE DEPT. OF TRANSP.

No. 74-733.

319 So.2d 585 (1975)

Dorothy C. WILKERSON et al., Appellants, v. DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 28, 1975.

Attorney(s) appearing for the Case

H. Rex Owen, of Owen & McCrory, St. Petersburg, for appellants.

Winifred Sheridan, Smallwood & Geoffrey B. Dobson, Tallahassee, for appellee.

McNULTY, Chief Judge.

We consider this day the question of who has the burden of proof to establish value of land in a "quick taking" condemnation proceeding begun by the condemning authority. The trial judge charged the jury herein that such burden rests on the property owners. Our Supreme Court recently held to the contrary, however, in City of Fort Lauderdale v. Casino Realty, Inc.1 which, in fairness to the trial judge here...

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