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DIV. OF ADMIN., STATE, DEPT. OF TRANSP. v. IDEAL HOLDING COMPANY

Nos. 82-887, 82-1111.

427 So.2d 392 (1983)

DIVISION OF ADMINISTRATION, STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. IDEAL HOLDING COMPANY, and John R. King, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

March 9, 1983.

Attorney(s) appearing for the Case

Margaret-Ray Kemper and Alan E. De-Serio, Appellate Attys., Charles S. Stratton, Trial Atty., and John H. Beck, Gen. Counsel, Dept. of Transp., Tallahassee, for appellant.

Richard V. Neill of Neill, Griffin, Jeffries & Lloyd, Chartered, Fort Pierce, for appellee-Ideal Holding Co.

HERSEY, Judge.

These are consolidated appeals from a final order and amended final order entered on a counterclaim in condemnation proceedings determining that a portion of land owned by appellee, Ideal Holding Company, had been inversely condemned without just compensation.

We reverse. The issue at trial was whether that portion of a right-of-way being condemned, which exceeded in width a right-of-way previously acquired by the state, inured to the state...

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