WEST GATE SHOPPING CENTER, INC., APPELLANT,
v.
DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, AND ALACHUA COUNTY, APPELLEES

Fla. 1st DCA | 1978-10-18
No. KK-318
BOYER, Acting C. J., and ERVIN, J., concur.
363 So. 2d 407 Florida District Court of Appeal, First District (1978)


Opinion of the Court
SMITH, Judge.

SMITH, Judge.

West Gate appeals from an order of taking in eminent domain, contending that the taking is excessive and unnecessary to the extent that the right of way will be used for a bicycle path on a narrow strip adjacent to the multilane highway. Chapter 74, Florida Statutes (1977). The record indicates that the Department proposes to build a pedestrian walkway on the same strip. The department is authorized to acquire land for public “ways open to travel by the public. . . .” Sections 337.-27(1), 334.03(7), Florida Statutes (1977). The Department thus is empowered to provide public ways for pedestrian and bicycle traffic as well as for automobiles. See also Section 335.065. The record reveals no error in the trial court’s decision that West Gate failed to demonstrate that the Department improperly exercised its statutory power. AFFIRMED.

BOYER, Acting C. J., and ERVIN, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw