DADE COUNTY
v.
SOUTHWEST BUILDING CORPORATION, ET AL.
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Dade County sought to acquire parcels of land containing a Southern Bell Telephone and Telegraph Company utility easement. The parties stipulated that Southern Bell would subordinate its easement interest to the county's title, with payment for facility relocation deferred until necessity arose and subject to future reimbursement.
Southern Bell agreed to subordinate its easement interest to the county's title taken in the proceedings, with the understanding that removal of Southern Bell's facilities would be deferred until necessity arose. The county's payment obligation for relocation costs was deferred, with Southern Bell to be reimbursed for actual costs if any governmental agency required relocation.
[1] A utility company may subordinate its easement interest to a condemning authority's title, subject to future reimbursement for relocation costs if required by a governmen…
[2] Parties may stipulate to defer payment of relocation costs for utility facilities until such time as removal and relocation become necessary.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“That in consideration hereof Southern Bell Telephone and Telegraph Company hereby subordinates its interest in and to said easement to the title to said parcels taken by the petitioner in these proceedings; such subordination being expressly made subject to future reimbursement of actual cost to Southern Bell Telephone and Telegraph Company should Southern Bell Telephone and Telegraph Company be required to relocate said facilities by any governmental agency.”
Establishes the core agreement that Southern Bell subordinates its easement but retains the right to future reimbursement if forced to relocate.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDade County initiated proceedings to take Parcel Nos. 11 and 12. Southern Bell Telephone and Telegraph Company held a utility easement on these parcel…
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Stipulation: The petitioner, Dade County, and the defendant, Southern Bell Telephone and Telegraph Company, by and through their undersigned counsel stipulate:
1. That the defendant, Southern Bell Telephone and Telegraph Company, has a utility easement in and across Parcel Nos. 11 and 12 on which it has constructed and utilizes certain telephone facilities in the operation of its communications system.
2. While the petitioner, Dade County, has taken or will take said Parcel Nos. 11 and 12 in these proceedings, it is not presently necessary for the defendant, Southern Bell Telephone and Telegraph Company’s facilities to be removed therefrom and relocated.
3. That payment by petitioner of the substantial cost to remove said facilities can be deferred until such time as the necessity to remove and relocate said facilities arises.
4. That in consideration hereof Southern Bell Telephone and Telegraph Company hereby subordinates its interest in and to said easement to the title to said parcels taken by the petitioner in these proceedings; such subordination being expressly made subject to future reimbursement of actual cost to Southern Bell Telephone and Telegraph Company should Southern Bell Telephone and Telegraph Company be required to relocate said facilities by any governmental agency.
5. That by reason of this stipulation and upon its approval by the court, Southern Bell Telephone and Telegraph Company shall be relieved from further participation in these proceedings.
Walton, Lantaff, Schroeder, Carson & Wahl 922 duPont Building Miami, Florida 33131
By: John H. Wahl, Jr. Attorneys for Southern Bell
Stuart Simon Dade County Attorney 1626 Dade County Courthouse Miami, Florida 33130
By: Robert A. Ginsburg Assistant County Attorney
Order: Upon the foregoing stipulation, and the court being advised in the premises, the terms thereof are hereby approved, and Southern Bell Telephone and Telegraph Company is relieved from further participation in these proceedings.
It is further ordered that the court reserves jurisdiction over the parties to enforce the terms of said stipulation.