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STATE v. FORTUNE FED. SAV. & LOAN ASS'N

No. 86-955.

507 So.2d 1172 (1987)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION, f/k/a First Federal Savings and Loan Association of Clearwater, and Ronald J. Schultz, Property Appraiser, Pinellas County, Appellees.

District Court of Appeal of Florida, Second District.

May 29, 1987.

Attorney(s) appearing for the Case

Franz Eric Dorn and A.J. Spalla, Tallahassee, for appellant.

Charles M. Phillips, Jr., Clearwater, for appellee Fortune Federal Sav. and Loan Ass'n.

RYDER, Acting Chief Judge.

We are here concerned with the constitutionality of section 337.27(3), Florida Statutes (1985). The following facts are not in dispute.

On August 23, 1985, the Florida Department of Transportation (FDOT) filed a petition in eminent domain to acquire fee simple title to Parcel 108 owned by Fortune Federal Savings and Loan Association. Parcel 108 is 1.344 acres in size and is rectangular in shape. Fortune Federal has a one-story prefabricated...

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