Monday, July 06, 2009

2d DCA Upholds Extra-Jurisdictional Use of Eminent Domain for Road Expansion

Kirkland et al v. City of Lakeland, 3 So.2d 398 (Fla. 2d DCA 2009)

In Kirkland et al v. City of Lakeland, the 2d District upheld the legal right of the City to maintain eminent domain proceedings against land outside the city boundaries. Important to the Court’s decision was the fact that the road involved was identified as one that required expanded capacity for concurrency purposes in a joint planning agreement with the county.

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