Apportionment Of Condemnation Award

16 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Twin City Power Co.
  248 F.2d 108· 4th Cir.· 1957-07-15 ·cited 42×
  The government must compensate the holder of a flowage easement for the destruction of that easement, even if the fee owner has been compensated.
• Wingert v. Prince
  123 So. 2d 277· Fla. 2d DCA· 1960-08-10 ·cited 20×
  The court held that tenants holding over under a lease are presumed to do so under the original lease's terms, including the right to remove improvements, and are entitled to compensation for those improvements in an eminent domain proceeding.
• Sweeting v. Foy Hammons, Jr.
  521 So. 2d 226· Fla. 3d DCA· 1988-02-23 ·cited 12×
  A tenant's bar fixtures installed in a leased building were condemned by Dade County. The court held that trade fixtures installed by a tenant for business purposes remain the tenant's property and are not automatically transferred to the landlord under a standard lease provision
• Trump Enters., Inc. v. Publix Supermarkets, Inc.
  682 So. 2d 168· Fla. 4th DCA· 1996-09-25 ·cited 11×
  Trump Enterprises appealed a trial court decision denying its request for apportionment of condemnation proceeds paid to its landlord Publix when the State of Florida condemned part of Trump's leased restaurant property. The court reversed, holding that a lessee has a constitutio
• K-Mart Corp. v. State
  636 So. 2d 131· Fla. 2d DCA· 1994-04-22 ·cited 7×
  K-Mart Corporation appealed the dismissal of its claims in an eminent domain action where the Department of Transportation partially took leased property for highway construction. The court reversed, holding that K-Mart's lease agreement permitted it to recover compensation for t
• United States v. 2
  471 F.2d 320· 5th Cir.· 1972-12-18 ·cited 6×
  The court held that the district court erred in finding the Canal Authority possessed a compensable interest in the federal condemnation proceeding's subject property, and thus Ocala Manufacturing should receive the full federal judgment award.
• Emory G. Rich v. Harper Neon Co., Inc.
  147 So. 2d 174· Fla. 2d DCA· 1962-11-16 ·cited 6×
  In this eminent domain case, the Florida District Court of Appeal dismisses an appeal from an apportionment order because it was filed 55 days after the order became final, exceeding the 30-day appeal deadline under Florida Statutes § 73.14.
• Parks Bldg., Inc. v. Palm Beach Cnty. & Fontaine Fox & Edith Fox
  144 So. 2d 830· Fla. 2d DCA· 1962-09-26 ·cited 6×
  Parks Building, Inc., a lessee, appeals the trial court's apportionment of a condemnation award between itself and the fee owners. The court awarded the lessee $2,158.23 of the disputed $9,675.88 (representing land value) while awarding the fee owners $7,517.65, and the appellate
• Emmett C. Simpson v. Bennie Fillichio and Minnie Fillichio
  560 So. 2d 331· Fla. 4th DCA· 1990-04-25 ·cited 4×
  In a condemnation proceeding, the court resolved a dispute over apportionment of a compensation award between property owners and long-term lessees. The court held that the plain language of the lease's condemnation clause entitled the owners to the portion of the award for land
• Mullis v. Division OF Administration
  390 So. 2d 473· Fla. 5th DCA· 1980-11-26 ·cited 4×
  Mullis, a lessee of condemned property, appealed an order denying him any share of the condemnation award. The court held that the lease's condemnation clause, which addressed only temporary loss of possession, did not bar the lessee from compensation for the taking of his leaseh
• Caulk v. Orange Cnty.
  661 So. 2d 932· Fla. 5th DCA· 1995-10-20 ·cited 3×
  Deborah Caulk appeals the denial of her request to receive a portion of condemnation proceeds for property she conveyed in 1978. She claimed a reserved interest based on language in her deed reserving rights to eminent domain proceeds, but the court held that the covenant was per
• The Night Flight, Inc. v. Tampa-Hillsborough Cnty. Expressway Auth.
  668 So. 2d 1001· Fla. 2d DCA· 1996-01-19 ·cited 2×
  In an eminent domain action, Night Flight, Inc., a lessee, appealed three trial court orders denying it compensation for business damages and leasehold interests lost due to a taking by the Tampa-Hillsborough County Expressway Authority. The appellate court dismissed one order as
• City OF Miami Beach v. Webster
  308 So. 2d 572· Fla. 3d DCA· 1975-02-11 ·cited 2×
  The City of Miami Beach appealed an award of attorneys' fees in a condemnation proceeding against the property owner Thelma P. Webster and others. The court affirmed the award of fees to counsel for the lessee and sub-lessee but reversed the second award of fees to Webster's atto
• Baldwin v. Miami Mercantile Ctr., Inc.
  145 So. 2d 881· Fla. 3d DCA· 1962-10-30 ·cited 2×
  The appellate court affirmed a trial court's order apportioning a condemnation award between landowners and a lessee, holding that the apportionment did not require a jury.
• Direct Mail Servs., Inc. v. Best
  729 F.2d 672· 10th Cir.· 1984-03-08
  A lessee cannot maintain an action against the State for apportionment of just compensation after payment to the lessor, as the State is only obligated to pay the fair market value of the property as an undivided fee.
• Emory G. Rich v. Harper Neon Co.
  124 So. 2d 750· Fla. 2d DCA· 1960-11-23
  In an eminent domain proceeding, the court reviewed whether a jury should apportion damages between a property owner and tenant, or whether the jury should determine total damages with the court later apportioning among claimants. The court granted certiorari and held that Florid