Dade County v. Maule Industries, Inc.

JOHN J. KEHOE, Circuit Judge.

Order amending description of property: This eminent domain proceeding came on regularly to be heard, after due notice, upon motion of the defendant for entry of an order amending the description of the property involved to delete land not needed nor utilized for a public purpose.

This motion presents the question of the necessity for taking a certain parcel of land consisting of approximately 5.22 acres. It is well settled that the exercise of the power of eminent domain to take private property is in every case limited to such property and so much property as is…