FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ON BEHALF OF THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND, APPELLANT,
v.
EVERETT G. WEST, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Department of Environmental Protection appealed jury verdicts awarding compensation to property owners for the state's taking of two parcels of land in Key Largo. The court affirmed, holding that compensation must be based on the property's value considering the highest and best use from 1982 (when the state first showed intent to acquire the property) rather than 2004 (when the de jure taking occurred), to account for condemnation blight.
The court held that the trial court correctly valued the property based on its highest and best uses in 1982 because although the formal taking did not occur until 2004, the jury must account for the state's pre-condemnation actions and their depressing effect on property value (condemnation blight). The case was not an inverse condemnation claim outside the statutory period because the state filed formal eminent domain proceedings.
[1] A property owner's compensation in a condemnation proceeding must be based on the value of the property without the effects of the debilitating threat of condemnation.
[2] In condemnation proceedings where the government institutes eminent domain actions, the compensation awarded is based on the value of the property at the time of the actu…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A taking occurs when governmental regulation substantially denies the landowner of all economically beneficial or productive use of his or her property.”
Establishes the legal standard for what constitutes a compensable taking under the Fifth Amendment.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe landowners acquired two parcels in North Key Largo between 1950 and 1977 without obtaining use permits. Beginning in 1982, the State expressed int…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse De Facto Taking cases and more on FLexlaw
The State of Florida, Department of Environmental Protection, on behalf of the *98Board of Trustees of the Internal Improvement Fund, (“the State”) appeals final judgments entered on jury verdicts awarding compensation to property owners in condemnation proceedings. We affirm.
This case involved the condemnation of two parcels of land in North Key Largo, Florida (“Parcels 1 and 2”). Between 1950 and 1977, Everett G. West, R. Furman Richardson, and others (collectively “the landowners”) bought Parcels 1 and 2. After buying these parcels, the landowners did not apply for permits or other use authorization for their properties.
Beginning in 1982, the State showed an intent to acquire Parcels 1 and 2, among other areas, for habitat conservation. The State did not file eminent domain actions, however, until March, 1995. In response, the landowners filed affirmative defenses and inverse condemnation counterclaims, litigating the issue of just compensation.
The parties stipulated to de jure taking dates for the parcels in 2004. The issue of proper compensation for the takings went to a jury trial. The trial court instructed the jury to determine the fair market value of each parcel as of the 2004 de jure taking dates according to the highest and best uses the parcels would have had in 1982. The jury returned verdicts valuing Parcel 1 at $5,060,000, and Parcel 2 at $480,000. The State appeals the final judgments awarding these amounts.
On appeal, the State, among other grounds, contends the trial court’s valuation rulings authorized inverse condemnation claims outside the four-year time period for filing such actions. The landowners, on the other hand, assert that the trial court properly instructed the jury on the applicable valuation principles. We agree with the landowners.
A taking occurs when governmental regulation substantially denies the landowner of all economically beneficial or productive use of his or her property. See Lucas v. S.C. Coastal Council, 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed.2d 798 (1992); Tampa-Hillsborough County Expressway Auth. v. A.G.W.S. Corp., 640 So.2d 54 (Fla.1994). Generally, the governmental entity institutes eminent domain proceedings to effectuate a formal taking.
Where no formal exercise of eminent domain power is undertaken, a property owner may file an inverse condemnation claim to recover the value of property that has been de facto taken. See Collins v. Monroe County, 999 So.2d 709 (Fla. 3d DCA 2008); City of Pompano Beach v. Yardarm Restaurant, Inc., 641 So.2d 1377 (Fla. 4th DCA 1994). In such cases, the inverse condemnation claim must be filed within four years of the taking date. § 95.11(3)(p), Fla. Stat (2008); New Testament Baptist Church, Inc. of Miami v. State, Dep’t of Transp., 993 So.2d 112, 113 (Fla. 4th DCA 2008).
However, a property owners compensation must await the actual taking of his or her property. See Dept, of Transp. v. Gefen, 636 So.2d 1345, 1346 (Fla.1994). Additionally, the compensation is based on the value of the property without the effects of “the debilitating threat of condemnation.” State Road Dept, of Fla. v. Chicone, 158 So.2d 753, 758 (Fla.1963); see also Dade County v. Still, 377 So.2d 689 (Fla.1979); Brown v. Dept, of Transp., 884 So.2d 116 (Fla. 2d DCA 2004); Savage v. Palm Beach County, 912 So.2d 48 (Fla. 4th DCA 2005). This is what is commonly referred to as “condemnation blight valuation.”
Here, contrary to the States position, the trial court correctly determined *99that this was not an inverse condemnation claim because the State filed eminent domain proceedings. The actual taking did not occur until 2004. However, in compensating the landowners the jury had to consider the effect of the States pre-condem-nation action on the property value. Thus, applying “condemnation blight” principles, the trial court correctly instructed the jury to consider the properties highest and best uses in 1982.
Accordingly, we affirm the final judgments entered below.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Teitelbaum v. S. Fla. Water Mgmt. Dist., 176 So. 3d 998 (Fla. 3d DCA 2015)…xercise of eminent domain power is undertaken, a property owner may file an inverse condemnation claim to recover the value of property that has been de facto taken.” Fla. Dep’t of Env. Prot. ex rel. Bd. of Trs. of Internal Improvement Fund v. West, 21 So. 3d 96, 98 (Fla. 3d DCA 2009). Thus, a property owner must demonstrate that the property has in fact been “taken” by a governmental entity before being entitled to full compensation via inverse condemnation. Whether or not governmental action results in a…
-
Hansen v. City OF Deland, 32 So. 3d 654 (Fla. 5th DCA 2010)…cluding the loss of trees. We disagree. A property owner can file an inverse condemnation claim to recover the value of property that has been de facto taken by a government entity. Fla. Dep’t of Envir. Protection ex rel. Board of Trustees v. West, 21 So. 3d 96 (Fla. 3d DCA 2009). Recently, in Drake v. Walton County, 6 So. 3d 717 (Fla. 1st DCA 2009), the First District addressed a similar claim of inverse condemnation based on flooding. The court explained: We have previously held that a county takes priv…
Authorities Cited
- Lucas v. S.C. Coastal Council, 505 U.S. 1003 (U.S. 1992)
- Tampa-Hillsborough Cnty. Expressway Auth. v. A.G.W.S. Corp., 640 So. 2d 54 (Fla. 1994)
- State Rd. Dep't of Fla. v. Chicone, 158 So. 2d 753 (Fla. 1963)
- Dep't OF Transp. v. L.I. Gefen, 636 So. 2d 1345 (Fla. 1994)
- City OF Pompano Beach v. Yardarm Rest., Inc., 641 So. 2d 1377 (Fla. 4th DCA 1994)
- Dade Cnty. v. Still, 377 So. 2d 689 (Fla. 1979)
- Collins v. Monroe Cnty., 999 So. 2d 709 (Fla. 3d DCA 2008)
- Council A. Brown v. Dep't OF Transp., 884 So. 2d 116 (Fla. 2d DCA 2004)
- Savage v. Palm Beach Cnty., 912 So. 2d 48 (Fla. 4th DCA 2005)
- New Testament Baptist Church Inc. of Miami v. State, 993 So. 2d 112 (Fla. 4th DCA 2008)