- 5 - final award, if the final award was less than the amount withdrawn. 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011