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HILLSBOROUGH COUNTY v. LUTZ REALTY & INV. CO.

No. 88-03489.

553 So.2d 1320 (1989)

HILLSBOROUGH COUNTY, a Political Subdivision of the State of Florida, Appellant, v. LUTZ REALTY & INVESTMENT COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1989.

Attorney(s) appearing for the Case

William C. McLean, Jr., Tampa, for appellant.

Fred S. Werdine and Alan E. DeSerio of Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, Tampa, for appellee.

ALTENBERND, Judge.

Hillsborough County appeals an order of taking in an eminent domain proceeding. The County petitioned to take five acres of property adjacent to Nye Park. The land was owned by Lutz Realty. The trial court's order permitted a taking of only one-half acre. We affirm the order of taking because this case involves a taking of property for recreational purposes. In such a case, it is the county's burden to prove reasonable necessity "without regard...

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