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NYE v. CITY OF OCALA

No. 89-450.

559 So.2d 360 (1990)

O.J. NYE, et al., Appellants/Cross-Appellees, v. CITY OF OCALA, Etc., et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

April 5, 1990.

Attorney(s) appearing for the Case

Charles R. Forman and Michael G. Takac of Atkins, Krehl & Forman, Ocala, for appellants/cross-appellees.

William H. Phelan, Jr., and Rollin E. Tomberlin of Bond, Arnett & Phelan, P.A., Ocala, for appellees/cross-appellants.

COWART, Judge.

The issue in this case is: when a municipality exercises the power of eminent domain and all of a tract of land is not needed for municipal purposes, but the cost to acquire the entire tract would be equal to, or less than, the cost of acquiring only a portion of the tract,1 can the municipality condemn the entire tract?

Appellee, a municipality, sought to condemn property to widen N.E. 14th Street. The property...

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