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KNAPPEN v. DIVISION OF ADMINISTRATION, STATE DEPT. OF TRANSP.

No. 76-1182.

352 So.2d 885 (1977)

D.W. KNAPPEN and Betty T. Knappen, Petitioners, v. DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 28, 1977.

Attorney(s) appearing for the Case

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

Alan E. DeSerio and H. Reynolds Sampson, Tallahassee, for respondent.

OTT, Judge.

Plaintiff/respondent — the State Department of Transportation [hereinafter DOT] — commenced an eminent domain proceeding for highway purposes by filing a complaint in February 1976 seeking the appropriation, inter alia, of two parcels owned by petitioners/defendants (husband and wife). Petitioners responded with a motion to dismiss the complaint and an answer questioning the necessity for the taking. After a hearing, the court below...

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