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DEPARTMENT OF TRANSP. v. BURNETTE

No. NN-91.

384 So.2d 916 (1980)

DEPARTMENT OF TRANSPORTATION, Appellant, v. William B. BURNETTE et al., Appellees.

District Court of Appeal of Florida, First District.

June 11, 1980.

Attorney(s) appearing for the Case

H. Reynolds Sampson, Gen. Counsel, and Margaret-Ray Kemper, Tallahassee, for appellant.

Cary A. Hardee, of Davis, Browning & Hardee, Madison, for appellees.

ROBERT P. SMITH, Jr., Judge.

The Department appeals from a circuit court judgment enjoining it within 90 days either to condemn appellee Burnette's Madison County tract of 100 acres, held unconstitutionally taken without compensation,1 or to end the water drainage which effected the taking. The trial court found the Department took Burnette's land by draining water down upon it from a point on State Road 10, north of the property, where...

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