§ 1-83. Resolution authorizing taking or acquisition of lands; rights of property owners.  


Latest version.
  • Before title to any lands sought to be acquired by purchase or by the right of eminent domain is vested in the county, the Board of County Commissioners of Broward County, Florida, shall adopt its resolution authorizing the County of Broward to secure title to the lands sought to be purchased or condemned, which resolution shall specifically describe the lands sought to be purchased or title thereto acquired by the exercise of the power of eminent domain, which resolution shall also state that title to said lands is to be vested in Broward County and are to be used by the public for playgrounds, parks, beaches, recreational centers and for other recreational purposes. Provided however, in all condemnation suits, instituted under the provisions of this article any property owner shall be given the opportunity to be heard in the court as to the necessity for the proposed taking and the amount of land required for the purpose sought, and thereupon it shall be the duty of the court to receive and hear all relevant testimony on the issues created, and the court shall determine such issues as other issues of fact and law are determined without a jury. Any prior determination by the county commissioners, on the exercise of discretion by them, shall be considered by the court as only prima facie correct. Any party to the suit shall have right of appeal, with supersedeas, as is now provided by law for appeals generally from the circuit court to the supreme court.

(Sp. Acts 1949, Ch. 25709, § 2)