Silver Springs, Inc. v. Canal Authority
Silver Springs, Inc. v. Canal Authority
Opinion of the Court
Petitioners seek review by certiorari of an order of taking rendered in an eminent domain proceeding brought by respondent Canal Authority pursuant to the provisions of Chapters 73, 74, and 374, Florida Statutes, F.S.A.
T.he principal thrust of petitioners’ position is that respondent abused its discretion and acted in bad faith by abdicating its responsibility and relinquishing to the United States Corps of Engineers its discretion in determining the quantity and location of and the quantum of the estate to be taken in the lands sought to be acquired, as well as the need of the lands for canal purposes authorized by law. Peti
We have carefully reviewed the record before us and find therein competent substantial evidence from which the trial court could reasonably have concluded that respondent’s action in the premises was not motivated by bad faith as contended. The evidence likewise supports the finding that the decision with respect to the location and quantity of petitioners’ lands to be acquired in this proceeding, as well as the quantum of the estate to be taken and the need therefor, was the independent determination of respondent as required by law.
By one of their points urged in support of the writ, petitioners assert that a twenty-six acre parcel of land owned by them is shown by the evidence to be intended for acquisition for recreational purposes only, a purpose which this court held in Staplin v. Canal Authority
If it can be said that there is any dis*-pute on this point, the dispute was resolved by the trial court in favor of respondent. If, however, it should develop from future proceedings in this cause that any part of petitioners’ land is in fact being acquired solely for recreational purposes, petitioners have ample recourse to have such lands excluded from this proceeding by appropriate application to the trial court.
We have considered the remaining points urged by petitioners, but find them to be without substantial merit.
The writ is discharged and the petition dismissed.
. Couse v. Canal Authority (Ma.App. 1967), 194 So.2d 301.
. F.S. Section 374.071, and Chapter 73, MS.A.
.Staplin v. Canal Authority (Ma.App. 1968), 208 So.2d 853.
Reference
- Full Case Name
- SILVER SPRINGS, INC., a Florida corporation v. The CANAL AUTHORITY of the State of Florida, a body corporate under the laws of the State of Florida
- Cited By
- 2 cases
- Status
- Published