Hillsborough County v. Lutz Realty & Investment Co.

ALTENBERND, Judge.

Hillsborough County appeals an order of taking in an eminent domain proceeding. The County petitioned to take five acres of property adjacent to Nye Park. The land was owned by Lutz Realty. The trial court’s order permitted a taking of only one-half acre. We affirm the order of taking because this case involves a taking of property for recreational purposes. In such a case, it is the county’s burden to prove reasonable necessity “without regard to or presumption in favor of any prior determination by the county commissioners or the exercise of discretion by them.” §…