ELR Citation: ELR 20214
No(s). 39557 (Fla. Feb 3, 1971)

Where independent government agencies charged with safeguarding natural resources must ultimately approve project involving condemnation, condemning authority must demonstrate that it has a reasonable probability of obtaining approval and that condemnation will not result in irreparable harm should approvals be denied. Florida Power Company may condemn land for nuclear generating plant's cooling and circulating canal system after it has shown that it can adjust discharge temperatures to likely federal, state, and local agency standards and where excavation and filling of canal will result in no irreparable injury.

Counsel for Plaintiffs:
Helliwell, Melrose and DeWolf
American Bankers and Insurance Group Bldg.
600 Brickell Ave.
Miami, FL 33131
(305) 373-7551

Counsel for Defendants:
McCarthy, Steel, Hector and Davis
4th Floor, First National Bank Bldg.
Miami, FL 33131
(305) 377-3611

Roberts, C.J., Adkins and Drew (Retired), JJ., and Hodges, Circuit Judge, concur.

Ervin, J., concurs specially with opinion.