DEPARTMENT OF TRANSPORTATION, PETITIONER,
v.
JOSEPH DIGERLANDO, RESPONDENT
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Landowners are not automatically entitled to per se declarations of taking and jury trials simply because their property is within an invalidated map of reservation.
The Department of Transportation invalidated a map of reservation, and DiGerlando sued for inverse condemnation. The trial court granted summary judgm…
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SHAW, Justice.
We have for review Department of Transportation v. DiGerlando, 609 So. 2d 166 (Fla. 2d DCA 1992), in which the court affirmed an order granting DiGerlando summary judgment and certified the following question as being of great public importance:
WHETHER ALL LANDOWNERS WITH PROPERTY INSIDE THE BOUNDARIES OF INVALIDATED MAPS OF RESERVATION UNDER SUBSECTIONS 337.241(2) AND (3), FLORIDA STATUTES (1987), ARE LEGALLY ENTITLED TO RECEIVE PER SE DECLARATIONS OF TAKING AND JURY TRIALS TO DETERMINE JUST COMPENSATION.
DiGerlando, 609 So. 2d at 166. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Tampa-Hillsborough County Expressway Authority v. A.G.W.S. Corp., 640 So. 2d 54 (Fla.1994), we answered the above certified question in the negative. DiGerlando, however, may maintain his current inverse condemnation action and seek to prove that the map of reservation did effect a taking of his particular property. We quash the decision of the district court and remand this case for proceedings consistent with this opinion.
It is so ordered.
GRIMES, C.J., OVERTON, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pembroke Ctr., LLC v. State, 64 So. 3d 737 (Fla. 4th DCA 2011)…a decision to go forward, since the state’s actions were ceased due to financial considerations and that the decision to proceed was already made, as evidenced by the right-of-way map and roadway plan. In Department of Transportation v. DiGerlando, 638 So. 2d 514, 515 (Fla.1994), [*742] the Florida Supreme Court concluded that a property owner “may maintain his current inverse condemnation action and seek to prove that the map of reservation did effect a taking of his particular property.” Similarly, in the…1 / 2
Authorities Cited
- Tampa-Hillsborough Cnty. Expressway Auth. v. A.G.W.S. Corp., 640 So. 2d 54 (Fla. 1994)
- Ingram v. State, 609 So. 2d 166 (Fla. 2d DCA 1992)