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3. That said physical taking has be~n a valid exercise
of the right of eminent domain by virtue of authority granted to
DEPARTMENT OF TRANSPORTATION by Chapters 334 through 339, inclusive,
Florida Statutes, as amended_, known as the Florida Transportation
Code, and Chapters 73 and 74, Florida Statutes, as amended, for
use as a state transportation_facility to be used by the public in
general. The property described is necessary for the purpose of
constructing, reconstructing and maintaining the state facility
for the use of the general public, including, but not limited to,
rights of way, borrow pits, drainage ditches, drainage easements,
construction easements, and service roads.
4. That the date of the physical taking by the DEPARTMENT
OF TRANSPORTATION was November 14, 1975.
5. That the Plaintiffs BIELE are entitled to full compensa-
tion for said physical taking of the property above-described plus
any severance damages to which the Plaintiffs BIELE may be entitled'~~.
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by law and may subsequently be able to prove in relationship to
their.remainin~ property.
6. That,a jury of~twelve (12) persons shall be empaneled
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as soon as practical after a~otion by either party, giving pre-
ference ta this action over other civil actions and said jury shall
determine valuation and compensation to be paid by Defendant DEPART-
MENT OF TRANSPORTATION to Plaintiffs BIELE.
7. That the judge trial scheduled for December 9-10, 1980
is therefore cancelled and removed from the docket.
DONE AND ORDERED in Chambers at Ft. Pierce, St. Lucie County,
Florida this fS~ day of , 198I.
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HILIP G.:~NQURSE, CIRCUIT JUDGE
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