Eminent Domain Proceedings

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

• Stubbs v. State of Fla. Dep't OF Transp.
  265 So. 2d 425· Fla. 1st DCA· 1972-08-10 ·cited 10×
  In a condemnation case involving property taken for highway construction, the court reversed the trial court's exclusion of evidence regarding severance damages. The court held that property owners are entitled to recover severance damages when the taking of a road impairs access
• Atl. Seaboard Corp. v. Madeleine Kneppelhout van Sterkenburg and Cornelis Kneppelhout Van Sterkenburg
  318 F.2d 455· 4th Cir.· 1963-06-03 ·cited 10×
  The court held that the condemnees' preliminary motions were unallowable under Rule 71A, their jury demand was untimely, and the post-judgment order allowing immediate possession was within the court's authority.
• Dratch v. Kozycki
  105 So. 2d 171· Fla. 3d DCA· 1958-06-03 ·cited 10×
  The court held that the attorneys' fees awarded to defendants Dratch and Argee Ranch, Ltd. were grossly inadequate and reversed the judgment on that issue for a new trial.
• City & Cnty. of Honolulu v. United States
  188 F.2d 459· 9th Cir.· 1951-04-13 ·cited 10×
  The court held that the City and County of Honolulu was not entitled to more than nominal compensation for condemned public highways, as no substitute highways were necessary and the City's ownership was established by stipulation.
• A.L. West v. Sunbelt Enters.
  530 So. 2d 433· Fla. 1st DCA· 1988-08-30 ·cited 9×
  The court held that appellees are entitled to statutory interest on the full condemnation award from the date of deposit until funds were available, and affirmed the denial of interest on previously awarded prejudgment interest.
• Dep't OF Transp. v. Rogers
  705 So. 2d 584· Fla. 5th DCA· 1997-11-14 ·cited 8×
  The Florida Department of Transportation appeals a jury verdict in an eminent domain case awarding $705,000 for a condemned Subway restaurant property. The appellate court reverses, holding that testimony regarding projected lost profits of the business was improper business dama
• State v. Finkelstein
  629 So. 2d 932· Fla. 4th DCA· 1993-12-08 ·cited 8×
  The Florida Department of Transportation appealed a jury verdict in an eminent domain proceeding, challenging the trial court's exclusion of evidence regarding soil contamination and remediation costs that affected the property's fair market value on the date of taking. The appel
• In re Boston & Me. Corp. v. Sheehan, Phinney, Bass & Green, P.A.
  778 F.2d 890· 1st Cir.· 1985-10-15 ·cited 8×
  The court held that the district court abused its discretion by applying the lodestar method to a hybrid fee arrangement that was agreed upon by the parties and reasonable under the circumstances, and that the ICC's approval of the fee should have been given due weight.
• In re Chicago
  738 F.2d 209· 7th Cir.· 1984-06-28 ·cited 8×
  A state or municipality must obtain leave from the bankruptcy reorganization court before initiating condemnation proceedings against a debtor railroad's property, even if the taking does not interfere with operations.
• Ackerly Commc'ns, Inc. v. City OF W. Palm Beach
  427 So. 2d 245· Fla. 4th DCA· 1983-02-16 ·cited 8×
  This eminent domain case involves compensation for advertising signs taken by the City of West Palm Beach during condemnation of leased property. The trial court awarded $1,500 using the cost of reproduction less depreciation and salvage value formula, but erred by applying a 50%
• Dade Cnty. v. Davidson
  418 So. 2d 1231· Fla. 3d DCA· 1982-09-07 ·cited 8×
  An appeal of an eminent domain award, while staying trial proceedings, does not preclude the trial court from taxing costs that do not affect the appeal's subject matter.
• United States v. 5.00 Acres OF Land
  673 F.2d 1244· 11th Cir.· 1982-04-26 ·cited 8×
  The court held that the appellants failed to show actual bias in the commission, thus affirming the district court's decision.
• In re Division OF Administration v. ST. Regis Paper Co.
  402 So. 2d 1207· Fla. 1st DCA· 1981-07-21 ·cited 8×
  The Florida Department of Transportation appealed a jury verdict in an eminent domain proceeding where landowners were awarded damages for total deprivation of access to their property after DOT's acquisition and highway reconstruction cut off their trail road access. The appella
• Division OF Administration v. W. Palm Beach Garden Club
  352 So. 2d 1177· Fla. 4th DCA· 1977-07-26 ·cited 8×
  The Florida Department of Transportation appeals from a condemnation judgment awarding $644,275 for land taken and $1,700,000 in severance damages for Dreher Park in West Palm Beach. The court affirms the land value award but reverses the severance damages award, holding that mer
• City OF Clearwater v. Janet Land Corp.
  343 So. 2d 853· Fla. 2d DCA· 1976-12-08 ·cited 8×
  In an eminent domain proceeding, the City of Clearwater sought certiorari review of a trial court order that set aside its Order of Quick Taking on jurisdictional grounds. The District Court of Appeal held that the trial court lacked authority to vacate the order and that the pro
• Stubbs v. State
  332 So. 2d 155· Fla. 1st DCA· 1976-05-24 ·cited 8×
  The court held that expert testimony based on a misconception of the law or not related to the date of taking should be stricken, and a jury verdict of zero damages was improper when substantial damages were evident.
• Sapp v. Hillsborough Cnty.
  262 So. 2d 256· Fla. 2d DCA· 1972-04-28 ·cited 8×
  In an eminent domain proceeding, Hillsborough County sought to condemn two parcels of property to construct a state highway connecting State Road 39 to Plant City. The district court reversed the trial court's finding of necessity, holding that the County constituted a gross abus
• City OF Miami Beach v. Cummings
  239 So. 2d 501· Fla. 3d DCA· 1970-09-08 ·cited 8×
  The City of Miami Beach appealed judgments awarding attorney's fees to landowners after the city dismissed eminent domain proceedings against their property. The court held that attorney's fees may be awarded regardless of whether dismissal is initiated by the condemning authorit
• Hillsborough Cnty. v. Bennett
  167 So. 2d 800· Fla. 2d DCA· 1964-09-04 ·cited 8×
  Hillsborough County challenged a trial court's award of interest on the difference between the appraised value and final judgment value of condemned property. The appellate court reversed, holding that Florida Statute § 74.06 unambiguously bars interest on funds deposited into co
• Jacksonville Expressway Auth. v. Bennett
  158 So. 2d 821· Fla. 1st DCA· 1963-12-10 ·cited 8×
  Jacksonville Expressway Authority sought to condemn land under Florida's Chapter 74 condemnation procedure and filed a declaration of taking with an estimated value of $72,750. The trial court ultimately directed a verdict fixing compensation at that estimate amount, depriving th
• The City OF Miami v. Wolfe
  150 So. 2d 489· Fla. 3d DCA· 1963-03-05 ·cited 8×
  The City of Miami appealed a summary judgment dismissing its eminent domain action to condemn property owned by Geraldine and Rosalie Wolfe for an alleged public street extension. The court affirmed the dismissal, finding the condemnation was brought in bad faith—the city's true
• City OF Eufaula v. United States
  313 F.2d 745· 5th Cir.· 1963-01-17 ·cited 8×
  The United States is not liable for the cost of sewage treatment plants required by state authorities due to dam construction, as this is not a compensable taking under the Fifth Amendment.
• United States v. 2979.72 Acres OF Land
  235 F.2d 327· 4th Cir.· 1956-07-31 ·cited 8×
  The government must compensate the owner of a flowage easement for the value of that easement when taken, excluding any value derived from its potential for water power development.
• Chicago v. Stude
  204 F.2d 116· 8th Cir.· 1953-04-30 ·cited 8×
  The court held that the railroad, as the plaintiff in condemnation proceedings under Iowa law, could not remove the action to federal court, and that direct appeals from commissioners' awards to federal court were not permitted.
• United States Ex rel. Tenn. Valley Auth. v. Welch and five other cases
  150 F.2d 613· 4th Cir.· 1945-07-21 ·cited 8×
  The court held that the Tennessee Valley Authority (TVA) cannot condemn private property solely to settle a liability arising from flooding a highway, as this constitutes a taking for a purpose not authorized by its governing statute.
• Puget Sound Power & Light Co. v. Pub. Util. Dist. NO. 1 OF Whatcom Cnty.
  123 F.2d 286· 9th Cir.· 1941-10-24 ·cited 8×
  The court held that the public utility district's taking of properties was a public necessity and that the trial court did not err in its rulings on evidence or jury instructions regarding just compensation.
• Jacksonville v. Adams
  33 Fla. 608· Fla.· 1894-01-01 ·cited 8×
  The Florida Supreme Court held that a constitutional provision requiring compensation for condemned land to be ascertained by a jury of twelve men cannot be satisfied by legislation allowing a majority of the jury to determine compensation. The court invalidated the majority-vote
• Duty Free Shop, Inc. v. Administracion de Terrenos de Puerto RICO
  889 F.2d 1181· 1st Cir.· 1989-11-20 ·cited 7×
  The federal court correctly abstained from interfering with an ongoing state eminent domain proceeding under the Younger doctrine.
• United States v. 0.376 Acres OF Land
  838 F.2d 819· 6th Cir.· 1988-01-26 ·cited 7×
  The government must present evidence beyond a qualified appraiser's report to demonstrate substantial justification for its position in eminent domain cases under the EAJA.
• Leeds v. City OF Homestead
  407 So. 2d 920· Fla. 3d DCA· 1981-11-17 ·cited 7×
  In an eminent domain case, the trial court denied Leeds' request to recover engineer expert witness fees as costs. The appellate court affirmed, holding that because the engineer's testimony addressed damages from the faulty construction of a sewerage lift station (a tort claim)
• Chalmers v. Fla. Power & Light Co.
  245 So. 2d 285· Fla. 1st DCA· 1971-03-12 ·cited 7×
  The Florida District Court of Appeal held that a utility company's petition for condemnation must be authorized by a specific corporate resolution identifying the exact estate or interest to be taken, and that such determination cannot be delegated to the company's attorney. The
• Chicago v. Stude
  204 F.2d 954· 8th Cir.· 1953-06-17 ·cited 7×
  The court held that the filing of a complaint alleging diversity of citizenship and the requisite amount in controversy properly invoked the original jurisdiction of the federal district court, notwithstanding a prior, procedurally flawed attempt to appeal a state administrative
• Reese v. State
  743 So. 2d 1227· Fla. 4th DCA· 1999-11-17 ·cited 6×
  Property lessees appealed the trial court's denial of attorney's fees based on profits earned during an extended possession period following condemnation of their leased Shell station. The court affirmed, holding that profits derived from the lessees' own business operations do n
• Dep't OF Transp. v. Springs Land Invs. Ltd.
  695 So. 2d 414· Fla. 5th DCA· 1997-05-16 ·cited 6×
  The Department of Transportation appeals from an award of $145,553 in surveying, engineering, and planning fees to Springs Land, a property owner in an eminent domain proceeding. The court reversed, holding that a substantial portion of the fees ($89,819) were not reasonably and
• Broward Cnty. v. Carney
  586 So. 2d 425· Fla. 4th DCA· 1991-09-04 ·cited 6×
  Broward County appeals from a trial court's order requiring it to deposit funds in excess of its good faith estimate of value in an eminent domain proceeding involving three single-family home parcels. The court affirms, holding that the order of taking determines the right to im
• State v. Beta Developers, Inc.
  554 So. 2d 555· Fla. 1st DCA· 1989-12-01 ·cited 6×
  The Florida Department of Transportation appealed an award of $165,000 in attorney's fees to property owners in an eminent domain proceeding, arguing the trial court lacked jurisdiction and abused its discretion. The appellate court affirmed the fee award, holding that the admini
• Division of Administration v. Grossman
  536 So. 2d 1181· Fla. 3d DCA· 1989-01-10 ·cited 6×
  The Florida Department of Transportation appealed a trial court's order vacating a dismissal of an eminent domain action under the "quick take" statute. The court affirmed, holding that once a landowner timely answers and demands a jury trial in a condemnation proceeding, the act
• Cont'l Equities, Inc. v. Jacksonville Transp. Auth.
  360 So. 2d 1101· Fla. 1st DCA· 1978-06-21 ·cited 6×
  Continental Equities sought to enforce contractual provisions of a quitclaim deed against Jacksonville Transportation Authority's condemnation of land, arguing that the deed required JTA to construct a highway within five years rather than proceed by eminent domain. The court hel
• Salfi v. Division OF Administration
  312 So. 2d 781· Fla. 4th DCA· 1975-05-23 ·cited 6×
  Property owners challenged an eminent domain proceeding seeking to acquire their land for a highway rest area. The court held that while the condemning authority has power to condemn for rest areas as limited access facilities, the proceeding must be dismissed because the Resolut
• United States v. Certain Land
  415 F.2d 265· 2d Cir.· 1969-09-04 ·cited 6×
  The court held that the risk of vacancy award exceeded the actual economic loss suffered by the defendants, but remanded for further evidence to determine the direct economic loss caused by the government's options.
• United States v. Herrero
  416 F.2d 945· 9th Cir.· 1969-09-03 ·cited 6×
  The court held that the government's continued maintenance of a permanent public highway after lease expiration constituted a taking by seizure, making the earlier date controlling for compensation.
• Rufus F. Douglass et ux. v. Hillsborough Cnty.
  206 So. 2d 402· Fla. 2d DCA· 1968-01-17 ·cited 6×
  In an eminent domain proceeding, the trial court denied the appellants' claim for special damages for business loss when their coin laundry business was destroyed by the county's taking of property. The appellate court affirmed, holding that the statutory protection for business
• Couse v. The Canal Auth. of the State of Fla.
  197 So. 2d 841· Fla. 1st DCA· 1967-04-13 ·cited 6×
  In an eminent domain proceeding, petitioners sought certiorari review to challenge an interlocutory order denying their motion to dismiss, primarily on grounds that Florida's declaration of taking statute was unconstitutional. The appellate court lacked jurisdiction to review the
• United States ex rel. Tenn. Valley Auth. v. An Easement & Right OF WAY Over Land IN Logan Cnty.
  336 F.2d 76· 6th Cir.· 1964-08-27 ·cited 6×
  The court held that the appeal regarding TVA's authority to take the property was not properly before it due to lack of a final judgment, but affirmed the compensation award of $4,300 as fair.
• 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.
• Comparet v. United States
  164 F.2d 452· 10th Cir.· 1947-12-03 ·cited 6×
  The fair market value of property taken by eminent domain should be determined as of the date of taking, not the date of trial.
• State v. Fitzhugh Knox Powell & Naegele Outdoor Advertising of Jacksonville, Inc.
  721 So. 2d 795· Fla. 1st DCA· 1998-12-11 ·cited 4×
  The Florida Department of Transportation appealed a jury verdict awarding a billboard owner compensation in an eminent domain proceeding, challenging both the trial court's decision to hold separate trials and the valuation method used. The court affirmed, holding that while the
• State v. Ansbacher
  672 So. 2d 660· Fla. 1st DCA· 1996-05-02 ·cited 4×
  The Florida Department of Transportation appealed a jury verdict in an eminent domain case involving property condemnation for road reconstruction. The court reversed and remanded because the jury improperly awarded compensation for diminished property access caused by road closu
• Brevard Cnty. v. Canaveral Props., Inc.
  658 So. 2d 590· Fla. 5th DCA· 1995-07-07 ·cited 4×
  Brevard County appeals a jury verdict awarding severance damages to property owners in an eminent domain case involving the condemnation of land for highway extension. The appellate court reverses, holding that the evidence was insufficient to establish that 660 acres subdivided
• RED OAK Farm, Inc. v. City OF Ocala
  636 So. 2d 97· Fla. 5th DCA· 1994-03-31 ·cited 4×
  Red Oak Farm sought certiorari review of a circuit court order denying its motion to dismiss and motion to abate in an eminent domain proceeding. The court granted the writ, finding that the City's second eminent domain action against Red Oak involved identical parties, land, and