Lynwood and Myrtle Viverette v. State of Florida Department of Transportation and Robert McCarthy

Appellants, Lynwood and Myrtle Viver-ette, challenge an order granting a petition filed by the Department of Transportation (“the Department”) to condemn a portion of their property through eminent domain. Appellants raise two issues for our consideration. We find only one has merit. The Department’s petition was defective because the authorizing resolution attached to the petition referenced out-of-date right-of-way maps that did not reflect the parcel of appellants’ land the Department sought to condemn. Due to this defect in the petition, we reverse.

I. Facts

In February 2016, the Department…