Eminent Domain

2,189 Florida cases classified under this topic, plus 74 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Standard Guar. Ins. Co. v. Quanstrom
  555 So. 2d 828· Fla.· 1990-01-11 ·cited 523×
  The Florida Supreme Court held that contingency fee multipliers are not mandatory when determining attorney's fees under fee-shifting statutes, reversing the Fifth District Court of Appeal's decision that multipliers must be applied. The Court clarified that while contingency arr
• The Wackenhut Corp. v. Canty
  359 So. 2d 430· Fla.· 1978-04-04 ·cited 464×
  The Florida Supreme Court held that a trial judge cannot order a new trial based solely on shock to the judicial conscience regarding excessive punitive damages without identifying specific circumstances in the record supporting that conclusion. The court reaffirmed the manifest
• Lainhart v. Catts
  73 Fla. 735· Fla.· 1917-03-29 ·cited 325×
  Lainhart challenged the constitutionality of the Everglades Drainage District Act, claiming that the special acreage tax imposed on his lands violated Florida constitutional provisions regarding taxation, due process, and equal protection. The Florida Supreme Court upheld the Act
• Stewart v. DeLand-Lake Helen Special Rd. & Bridge Dist. in Volusia Cnty.
  71 Fla. 158· Fla.· 1916-02-15 ·cited 206×
  The Florida Supreme Court upheld the validity of bonds issued by the DeLand-Lake Helen Special Road and Bridge District under Chapter 6208 of the Florida Laws (1911), rejecting the appellant's challenges that a prior special act for Volusia County remained controlling, that the g
• Spafford v. Brevard Cnty.
  92 Fla. 617· Fla.· 1926-08-11 ·cited 184×
  The Florida Supreme Court quashed a circuit court order authorizing the State Road Department to enter and appropriate private property for a state road project before compensation had been ascertained by jury, holding that a 1925 statute authorizing such pre-compensation appropr
• Lottie Sykes Downing v. Bird
  100 So. 2d 57· Fla.· 1958-01-31 ·cited 173×
  Property owner Downing sought injunctive relief to remove a street and encroachments from her land. The Florida Supreme Court reversed the trial court's dismissal, holding that the City of Homestead failed to prove it acquired title by the statutory dedication provision or that t
• Graham v. Estuary Props., Inc.
  399 So. 2d 1374· Fla.· 1981-04-16 ·cited 160×
  Estuary Properties challenged the denial of its development permit for a large-scale residential and commercial project in environmentally sensitive mangrove wetlands. The Florida Supreme Court affirmed the denial as a valid exercise of police power to prevent environmental harm
• State Rd. Dep't of Fla. v. Tharp
  146 Fla. 745· Fla.· 1941-04-25 ·cited 152×
  The Florida Supreme Court affirmed an equity decree requiring the State Road Department to remove a bridge and fill that obstructed water channels feeding a mill, holding that the State's sovereign immunity does not shield it from suits for wrongful appropriation of private prope
• The State of Fla. ex rel. William H. Ellis v. Gustav Gerbing
  56 Fla. 603· Fla.· 1908-06-01 ·cited 131×
  This quo warranto case addresses whether a private individual can claim exclusive ownership of oyster beds in a navigable river. The Florida Supreme Court held that lands under navigable waters, including the area between high and low water marks, are held in trust by the State f
• Hernandez v. City OF Lafayette
  643 F.2d 1188· 5th Cir.· 1981-05-01 ·cited 126×
  Local legislators are entitled to absolute immunity under § 1983 for conduct in furtherance of their legislative duties, but municipalities are not entitled to legislative immunity from damages for uncompensated takings of private property through zoning regulations.
• State v. City of Stuart
  97 Fla. 69· Fla.· 1929-01-30 ·cited 120×
  The Florida Supreme Court held that a legislative act extending the City of Stuart's municipal boundaries to include rural lands owned by the relators violated constitutional property rights protections. Although the Legislature has broad power to establish and extend municipal b
• ST. JOE Corp. v. McIVER
  875 So. 2d 375· Fla.· 2004-02-05 ·cited 112×
  The Florida Supreme Court held that a real estate broker can be entitled to a commission for a condemnation of property if the seller and broker agreed to pursue condemnation as an alternative to a traditional sale, resolving a conflict with prior precedent that held condemnation
• Peavy-Wilson Lumber Co., Inc. v. Cnty. OF Brevard
  159 Fla. 311· Fla.· 1947-07-18 ·cited 109×
  Brevard County sought to condemn 490 acres of privately owned land for recreational purposes under eminent domain. The Florida Supreme Court reversed, holding that hunting and fishing do not constitute public necessity as required by statute, and that counties may not take privat
• Thiesen v. Gulf
  75 Fla. 28· Fla.· 1917-11-03 ·cited 106×
  Thiesen sued the Gulf, Florida & Alabama Railway Company for damages resulting from filling in submerged lands in Pensacola Bay opposite his property. The Florida Supreme Court affirmed a directed verdict for the defendants, holding that Thiesen failed to prove his property was a
• State v. Town of N. Miami
  59 So. 2d 779· Fla.· 1952-06-20 ·cited 104×
  The Supreme Court of Florida held that a town cannot issue certificates of indebtedness to purchase land and build a manufacturing plant for lease to a private corporation for profit. Such an action constitutes an improper use of public funds and property for private gain, violat
• Jacksonville Expressway Auth. v. Henry G. DU Pree Co.
  108 So. 2d 289· Fla.· 1958-10-01 ·cited 102×
  The Florida Supreme Court held that a property owner displaced by eminent domain is entitled to recover reasonable moving costs for personal property as part of just compensation under the Florida Constitution. The court rejected the majority rule that moving costs are not compen
• Hi Holdridge v. United States
  282 F.2d 302· 8th Cir.· 1960-08-31 ·cited 100×
  The court held that the second paragraph of 18 U.S.C. § 1382, prohibiting re-entry after removal, does not require proof of criminal intent and that the government had established exclusive possession of the property.
• LOS Angeles Mem'l Coliseum Comm'n v. Nat'l Football League
  726 F.2d 1381· 9th Cir.· 1984-02-28 ·cited 99×
  The court held that the NFL's Rule 4.3, which restricted team relocation, was subject to Sherman Act Section 1 scrutiny and was not a per se violation, requiring rule of reason analysis. The NFL's argument that it was a single entity incapable of conspiring was rejected.
• Demeter Land Co. v. Fla. Pub. Serv. Co.
  99 Fla. 954· Fla.· 1930-05-03 ·cited 98×
  Florida Supreme Court upheld an electric utility company's right to exercise eminent domain to acquire a right-of-way easement across private property for power transmission lines. The court held that furnishing electricity for light, heat, and power to the public constitutes a p
• Shavers v. Duval Cnty.
  73 So. 2d 684· Fla.· 1954-06-11 ·cited 96×
  A mortgagee made a defendant in a condemnation proceeding sought attorney's fees and future interest payments beyond the condemnation date. The Florida Supreme Court held that mortgagees, having only a lien and not a proprietary interest in the property, are not entitled to attor
• Bannerman v. Catts
  80 Fla. 170· Fla.· 1920-07-03 ·cited 95×
  Robert Bannerman challenged the constitutional validity of the Everglades Drainage District Acts (1913, as amended), which imposed acreage-based drainage taxes on his property. The Florida Supreme Court affirmed the trial court's dismissal of his bill of complaint, holding that t
• State v. Miami Beach Redev. Agency
  392 So. 2d 875· Fla.· 1980-12-11 ·cited 94×
  The Florida Supreme Court upheld the constitutionality of Chapter 163, Florida's Community Redevelopment Act, and validated $380 million in bonds issued by the Miami Beach Redevelopment Agency to finance the acquisition, clearance, and redevelopment of a blighted area in South Be
• Arundel Corp. v. Griffin
  89 Fla. 128· Fla.· 1925-02-20 ·cited 94×
  The Florida Supreme Court reversed a judgment for damages against the Arundel Corporation and the Board of Commissioners of Everglades Drainage District, holding that a state agency performing drainage operations cannot be held liable in tort for damages caused by overflow from u
• Barco v. Sch. Bd. OF Pinellas Cnty.
  975 So. 2d 1116· Fla.· 2008-02-07 ·cited 92×·via Eminent Domain Proceedings
  The Florida Supreme Court resolved a conflict among district courts of appeal regarding the interpretation of Florida Rule of Civil Procedure 1.525, which governs the timing of motions for attorneys' fees and costs. The Court held that the rule establishes only an outside deadlin
• Foster v. City OF Detroit
  405 F.2d 138· 6th Cir.· 1968-12-11 ·cited 90×
  The court held that federal jurisdiction was properly invoked and retained, and that the statute of limitations and class action rules were correctly applied.
• Adams v. Hous. Auth. of City of Daytona Beach
  60 So. 2d 663· Fla.· 1952-08-12 ·cited 89×
  The Florida Supreme Court reviewed a redevelopment project under Chapter 23077, Acts of 1945, which allowed housing authorities to acquire blighted areas for redevelopment by private enterprise. The court found the act unconstitutional, ruling that taking private property for pri
• State Plant Bd. v. Walter A. Smith and wife
  110 So. 2d 401· Fla.· 1959-03-25 ·cited 88×
  The Florida Supreme Court reviewed the validity of a 1957 statutory amendment authorizing the State Plant Board to conduct a compulsory 'pull and treat' program to eradicate a citrus disease (spreading decline). The court held that while the police power authorizes the program, d
• Gate City Garage, Inc. v. City of Jacksonville
  66 So. 2d 653· Fla.· 1953-07-10 ·cited 88×
  Gate City Garage challenges the validity of municipal parking revenue bonds issued by Jacksonville under special legislative acts authorizing off-street parking facilities financed by net revenues from parking lots and a pledge of on-street parking meter revenues. The Florida Sup
• Tampa-Hillsborough Cnty. Expressway Auth. v. A.G.W.S. Corp.
  640 So. 2d 54· Fla.· 1994-04-07 ·cited 87×
  The Florida Supreme Court clarified that the invalidation of statutory restrictions on development within reservation maps under section 337.241 was based on due process grounds, not a per se taking theory. Landowners cannot automatically receive declarations of taking and jury t
• Fiber Crete Homes, Inc. v. Division OF Administration
  315 So. 2d 492· Fla. 4th DCA· 1975-06-27 ·cited 87×·via Eminent Domain Proceedings
  The trial court erred in sua sponte amending its prior order denying a new trial by granting a new trial under Rule 1.540(b) to correct perceived judicial error.
• Palm Beach Cnty. v. Tessler
  538 So. 2d 846· Fla.· 1989-02-16 ·cited 86×
  The Florida Supreme Court held that property owners may recover damages through inverse condemnation when governmental action substantially diminishes their right of access to property, even without complete loss of access or physical taking of the land itself. The court answered
• Joint Ventures, Inc. v. Dep't OF Transp.
  563 So. 2d 622· Fla.· 1990-04-26 ·cited 85×
  The Florida Supreme Court held that statutory provisions allowing the Department of Transportation to impose a development moratorium on private land in anticipation of future acquisition constitute an unconstitutional taking of property without just compensation. The court found
• State of Wash. v. United States
  214 F.2d 33· 9th Cir.· 1954-06-01 ·cited 85×
  The court held that the trial court properly set aside the jury verdict because there was no substantial evidence to support a finding of reasonable necessity for replacing the condemned highway segment.
• The Everglades Sugar & Land Co. v. Bryan
  81 Fla. 75· Fla.· 1921-02-02 ·cited 84×
  The Everglades Sugar & Land Company and related corporations challenged drainage tax assessments levied on their swamp and overflowed lands within the Everglades Drainage District, arguing the taxes were invalid due to changes in surveyed land lines, the State's failure to pay ta
• Tampa-Hillsborough Cnty. Expressway Auth. v. K.E. Morris Alignment Serv., Inc.
  444 So. 2d 926· Fla.· 1983-11-10 ·cited 82×
  The Florida Supreme Court held that under section 73.071(3)(b), business damages in eminent domain proceedings are available only when a business has been in continuous operation at the specific location for more than five years, not merely when the business entity itself has exi
• The Canal Auth. of the State of Fla. v. Miller
  243 So. 2d 131· Fla.· 1970-12-16 ·cited 79×
  The Florida Supreme Court addressed whether the Canal Authority of Florida adequately demonstrated the necessity to take fee simple title (rather than just an easement) for the Cross Florida Barge Canal project. The Court held that a condemning authority must initially prove reas
• Seaboard All-Florida Railway v. Florabel Levitt
  105 Fla. 600· Fla.· 1932-05-31 ·cited 78×
  In this condemnation case, the Florida Supreme Court held that a mortgagee was not properly served with notice in eminent domain proceedings because the notice commanded only the owner to appear and not the mortgagee as required by statute, rendering the condemnation judgment ine
• Baetjer v. United States
  143 F.2d 391· 1st Cir.· 1944-06-26 ·cited 77×
  The court held that integrated use, not physical contiguity, is the test for determining if separate land parcels constitute a single tract for severance damages in eminent domain cases. It also found that evidence of business losses due to over-capacity, if it reflects a depreci
• Ira Sibley v. Volusia Cnty.
  147 Fla. 256· Fla.· 1941-05-23 ·cited 76×
  A county's petition for condemnation to acquire lands for a state road right-of-way need not explicitly allege that the right-of-way or specific lands are necessary; the petition sufficiently establishes necessity through allegations showing the State Road Department's proper pro
• Est. of Eunice G. Hampton v. Fairchild-Florida Constr. Co.
  341 So. 2d 759· Fla.· 1976-11-12 ·cited 74×
  A statutory way of necessity proceeding is not an eminent domain action, and therefore, the successful defendant in such a case is not entitled to attorney's fees under the eminent domain statute.
• Daniels v. State Rd. Dep't of Fla.
  170 So. 2d 846· Fla.· 1964-09-30 ·cited 74×
  The Florida Supreme Court held that constitutional Section 29 of Article XVI, which restricts eminent domain takings by private corporations and individuals, does not apply to state agencies or political subdivisions. The court upheld a statute allowing enhancement in value of re
• Anhoco Corp. v. Dade Cnty.
  144 So. 2d 793· Fla.· 1962-03-07 ·cited 73×
  Anhoco Corporation sued Dade County for damages resulting from the destruction of its right of access to a land service road that was converted into a limited access highway. The Florida Supreme Court held that Anhoco is entitled to compensation for the temporary destruction of i
• Pembroke v. The Peninsular Terminal Co.
  108 Fla. 46· Fla.· 1933-01-16 ·cited 71×
  Sellers of submerged land in Biscayne Bay sought to foreclose a purchase money contract when buyers failed to pay the final installment. The buyers defended by attacking the validity of the sellers' chain of title, claiming the underlying state grant of submerged lands was uncons
• The City of Tampa v. The Tampa Waterworks Co.
  45 Fla. 600· Fla.· 1903-01-01 ·cited 71×
  The legislature's constitutional power under Article XVI, section 30 of the 1885 Florida Constitution to regulate rates charged by water companies and other public utilities performing services of a public nature is a continuing, ever-present power that cannot be surrendered by c
• Int'l Paper Co. v. United States
  227 F.2d 201· 5th Cir.· 1955-11-23 ·cited 70×
  The court held that severance damages to a non-contiguous paper mill could not be awarded because the evidence failed to establish that the taking of timber lands damaged the mill's market value, especially when replacement land was available.
• Parks v. Watson
  716 F.2d 646· 9th Cir.· 1983-09-22 ·cited 68×
  The court held that conditioning a street vacation on the dedication of unrelated geothermal wells without just compensation violates the Fifth Amendment's unconstitutional conditions doctrine and the Equal Protection Clause. However, the court reversed and remanded the procedura
• United States v. 329.73 Acres OF Land
  704 F.2d 800· 5th Cir.· 1983-05-12 ·cited 68×
  The Equal Access to Justice Act (EAJA) applies to eminent domain cases, allowing prevailing landowners to recover attorneys' fees and litigation expenses when the government's position is not substantially justified. Appellate courts can award such fees for unjustified appeals.
• United States v. Sowards
  370 F.2d 87· 10th Cir.· 1966-12-19 ·cited 68×
  The court held that the landowner's opinion testimony regarding the value of the coal, based on a speculative calculation of tonnage multiplied by a unit price without competent supporting data, lacked probative value and was insufficient to sustain the jury's award.
• H. I. Holding Co. v. Dade Cnty.
  129 So. 2d 693· Fla. 3d DCA· 1961-05-04 ·cited 65×
  H.I. Holding Company appealed a final judgment in an eminent domain proceeding, challenging the trial court's evidentiary rulings, statements made by opposing counsel, and jury instructions. The Florida District Court of Appeal affirmed the judgment, finding no abuse of discretio
• Marvin v. Hous. Auth. of Jacksonville
  133 Fla. 590· Fla.· 1938-07-27 ·cited 65×
  The Florida Supreme Court upheld the constitutionality of the Housing Authorities Law (Chapter 17981, Acts of 1937), rejecting a taxpayer's challenge to Jacksonville's low-cost housing project. The court held that slum clearance and low-cost housing constitute a valid public purp