Peavy-Wilson Lumber Co. v. County of Brevard

ADAMS, J.:

Pursuant to Sec. 418.02, F.S.A., Brevard County filed its petition to condemn, by eminent domain, four hundred ninety acres of privately owned land. The purpose of the taking was for playgrounds, recreational centers and other recreational purposes. The action was opposed by the landowner on the ground that the county had shown no public necessity for the taking. In obedience to Sec. 127.01 F.S.A., the lower court tried the issue of public necessity for the taking and decided in favor of the county. Thereafter a'jury was empaneled to assess the value and damages. Judgment was…