Robert J. and Anne L. Wilson - Page 5

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          final award, if the final award was less than the amount                    
               Negotiations to obtain legal title to the property without a           
          trial were unsuccessful, and, on May 20, 1981, the State adopted            
          a resolution to institute formal condemnation proceedings against           
          petitioner and to prosecute such proceedings to a conclusion.               
               The condemnation trial was set for March 31, 1987.4                    
          However, sometime prior to the trial, petitioner advised the                
          State that the condemnation petition did not correctly identify             
          the total area to be acquired in that it omitted 642 square feet            
          of land.  More specifically, the State had omitted from the                 
          description contained in the condemnation petition a 4-foot wide            
          strip of land, approximately 160 feet long, extending along the             
          front of a portion of the DeSellum property between Route 355 and           
          the property described in the previously filed condemnation                 
          petition.  The State had actually taken possession of this                  
          property on June 16, 1980.                                                  
               Due to the discrepancies between the property actually                 
          possessed by the State and the property described in the                    
          condemnation petition, the trial was postponed.  The circuit                

          4    Although the State utilized the "quick take" condemnation              
          procedure to acquire petitioners' property, the record                      
          demonstrates that there was nothing quick about the condemnation.           
          Sometime between 1980, when the condemnation petition was filed,            
          and 1985, the parties agreed to place the condemnation case on a            
          "stet" docket until the construction plans for final phase of the           
          Route 355 project were completed.  In 1985, the construction                
          plans for the final phase of the Route 355 project were                     
          completed, and a motion was filed to take the case off the stet             
          docket.   The case was then reset for trial in 1987.                        

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