IN RE ESTATE OF DANIEL DEGEORGE, DECEASED

Citator

Cited By

• The Sch. Bd. OF Broward Cnty. v. C.E. Viele, 459 So. 2d 354 (Fla. 4th DCA 1984)
  …ction determination without first properly considering and weighing the relevant factors considered determinative by Florida appellate courts. Florida Power & Light Company v. Berman, supra, at 82, quoting Florida Power Corp. v. Gulf Ridge Council, 385 So. 2d 1155, 1156 (Fla. 2d DCA 1980). In the case before us, a review of the record demonstrates that the School Board considered and weighed the relevant factors prior to making its decision. The trial court, however, applied an incorrect rule of law and in e…
• Lilia Cordones v. Brevard Cnty., 781 So. 2d 519 (Fla. 5th DCA 2001)
  …mnor must consider several factors in establishing necessity, to wit: (1) the availability of an alternate route; (2) cost; (3) environmental factors; (4) long range planning; and (5) safety considerations. Florida Power Corp. v. Gulf Ridge Council, 385 So. 2d 1155 (Fla. 2d DCA 1980). A governmental entity has wide discretion to select the amount, location and interest of the property to be condemned. School Board of Broward County v. Viele, 459 So. 2d 354 (Fla. 4th DCA 1984). A trial court’s order approving…
• Pasco Cnty. v. Franzel, 569 So. 2d 877 (Fla. 2d DCA 1990)
  …ted to: (1) the availability of alternative routes, (2) costs, (3) environmental factors, (4) long-range area planning, and (5) safety considerations. Hillsborough County v. Sapp, 280 So. 2d 443 (Fla.1973); Florida Power Corp. v. Gulf Ridge Council, 385 So. 2d 1155 (Fla. 2d DCA 1980). Once the condemning authority decides the appropriate route and passes the necessary resolution for the road, it satisfies its initial burden of proof in the trial court concerning the reasonable necessity for condemnation by pre…

Authorities Cited

• In re Est. OF Madge Fornash v. Barnes, 372 So. 2d 128 (Fla. 2d DCA 1979)