The 2023 Florida Statutes (including Special Session C)
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. . . authority for recovery in the instant case because both of those decisions involved takings under section 338.04 . . . Inc., 397 So.2d 682 (Fla.1981), be read as limiting the rationale of Stubbs to takings under section 338.04 . . .
. . . Stubbs held that section 338.04, Florida Statutes (1971) mandates jury consideration of severance damages . . .
. . . The taking from Respondents involved a Section 338.04 limited access taking. . . . property and/or access rights to an existing road is taken for limited access road purposes, Section 338.04 . . . In Capital Plaza the supreme court read Stubbs to say that severance damages under section 338.04, Florida . . . The Stubbs holding depends in great part on section 338.04, Florida Statutes, which sets the rules for . . . taking of a substantial amount of one’s access is a sufficient basis for compensation under section 338.04 . . .
. . . distinguishable from Stubbs because the road involved here is not a limited access facility governed by section 338.04 . . .
. . . and Anhoco the court emphasized that the takings were for “limited access facilities” under Section 338.04 . . . In the Stubbs’ opinion the court said: “In Florida, F.S., Section 338.04, F.S.A., provides for the taking . . . whether the taking is or is not incident to construction of a “limited access facility” under Section 338.04 . . . property and/or access rights to an existing road is taken for limited access road purposes, Section 338.04 . . .
. . . Section 338.04, F.S.1971, first enacted in 1955, provides that the highway authorities of the state may . . .
. . . . § 338.04 (1973), which empowers the acquisition of property for limited access facilities. . . . Stat. § 338.04 (1973). 2.The proceeding must be dismissed because the Resolution of Necessity was adopted . . .
. . . In Florida, F.S., Section 338.04, F.S.A., provides for the taking of “private or public property and . . . The taking from Respondents involved a Section 338.04 limited access taking. . . . property and/or access rights to an existing road is taken for limited access road purposes, Section 338.04 . . .
. . . Therefore, 338.04 (2) is not applicable since S.R. #528 is a toll road constructed in accordance with . . .
. . . Petitioner points out that §338.04, Florida Statutes 1967, requires that all property rights acquired . . .
. . . the overpass is a limited access facility and as such the Road Department is required under Section 338.04 . . .
. . . In construing Section 338.04, Florida Statutes, F.S.A., a part of the Limited Access Facilities Act, . . . The provisions of Section 338.04, supra, are identical with the provisions of Section 349.10, supra, . . .
. . . Section 338.04, Florida Statutes, F.S.A., a part of the limited access facilities statute, requires a . . . access and squarely held that under Chapter 338, Florida Statutes, F.S.A., and particularly Section 338.04 . . . Sec. 338.04, Florida Statutes, F.S.A. . . .
. . . Sec. 338.04, F.S.A. . F.S. Sec. 335.03, F.S.A. . State v. . . .
. . . In this respect the majority seems to conclude that Section 338.04, F.S.A. requires the authorities to . . . ‘Section 338.04 merely provides that the authorities may acquire private or public property or property . . . then given [petitioners] to prove damages to [the] right of access under the first paragraph of Sec. 338.04 . . . Sec. 338.04(1), supra. . . .