State, Department of Transportation v. Florida East Coast Railway Co.

In 1926, Respondent Railroad entered into a written agreement with the City of Miami which gave the City a thirty-year easement over a fifty-foot strip of property running from Northeast 6th to 9th Streets, immediately adjacent to the east boundary of the existing road or street now known as Biscayne Boulevard (U.S. Highway No. 1). The easement was given for the purpose of enabling the City to widen the existing roadway. The record facts before the trial court reveal the 1926 easement between Respondent Railroad and the City was never placed of public record.

In 1927 the City, in accord with…