Division of Administration v. Rice

Appellants-plaintiffs, Division of Administration, State of Florida Department of Transportation, and Brevard County, appeal a summary final judgment entered in favor of appellees-intervenors, Bruce Nidy and Merle Ann Nidy, in an action of eminent domain. We reverse.

Appellants sued under the power of eminent domain to acquire certain real property in Brevard County necessary for public road purposes. The property sought to be condemned by appellants did not include appellees-intervenors’ property but did include property on either side of their property. Nidy filed motion for leave to…