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FLORIDA EAST COAST RY. CO. v. BROWARD CTY.

No. 82-563.

421 So.2d 681 (1982)

FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation, Appellant, v. BROWARD COUNTY, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 3, 1982.

Attorney(s) appearing for the Case

Kenneth L. Ryskamp of Goodwin, Ryskamp, Welcher & Carrier, P.A., Miami, for appellant.

Harry A. Stewart, Gen. Counsel & Arthur E. Burrows, Jr., Asst. Gen. Counsel, Broward County; and Samuel S. Goren of Josias & Goren, Fort Lauderdale, Special Counsel for Broward County, appellee.

HERSEY, Judge.

Appellant railroad appeals a non-final order of taking entered in an eminent domain proceeding brought by Broward County to condemn easement rights in the airspace of property owned by the railroad. The purpose of the condemnation action was to secure a clear zone for runway 27L of the Fort Lauderdale-Hollywood International Airport.

Restrictions imposed by a clear zone easement obligate the owners to clear the airspace parcels and keep them...

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