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

• United States Ex rel. Tenn. Valley Auth. v. Powelson
  138 F.2d 343· 4th Cir.· 1943-10-08 ·cited 20×
  Profits attributable to a hoped-for enterprise are inadmissible as evidence of the value of condemned land.
• United States v. State OF Mont.
  134 F.2d 194· 9th Cir.· 1943-03-16 ·cited 20×
  The court held that the National Industrial Recovery Act grants federal district courts jurisdiction to condemn state school lands, and that the necessity of taking is determined by federal law, not state law.
• Murray v. United States
  130 F.2d 442· D.C. Cir.· 1942-07-20 ·cited 20×
  The court held that the jury's valuation was not inadequate, and any errors in admitting evidence or allowing the jury to view a transcript were not prejudicial.
• Burnett et ux. v. Cent. Neb. Pub. Power & Irrigation Dist.
  125 F.2d 836· 8th Cir.· 1942-02-19 ·cited 20×
  The court held that a jury verdict in a condemnation case is not arbitrary or capricious simply because it falls outside the range of expert opinions, provided there is substantial general evidence to support it.
• Enzian v. State Rd. Dep't
  122 Fla. 527· Fla.· 1936-02-13 ·cited 20×
  The Florida Supreme Court upheld the State Road Department's authority to condemn land for State Road No. 31 in Marion County, holding that the Department's formal survey, location, and filing of a certified map in 1934 constituted the legal establishment of the road route, even
• Seminole Cnty. v. Clayton
  665 So. 2d 363· Fla. 5th DCA· 1995-12-29 ·cited 19×
  Seminole County appealed an attorney's fees award in an eminent domain action where the trial court awarded $159,261 in fees using a 'double decker' method—combining hourly fees with a 20% bonus on the difference between settlement and initial offer. The court held that this inte
• Steel Valley Auth. v. Union Switch & Signal Div.
  809 F.2d 1006· 3d Cir.· 1987-01-20 ·cited 19×
  The court held that the addition of an indispensable, nondiverse party defendant destroyed federal subject matter jurisdiction, requiring remand to state court.
• Lamar-Orlando Outdoor Advertising v. City OF Ormond Beach
  415 So. 2d 1312· Fla. 5th DCA· 1982-06-09 ·cited 19×
  Billboard owners challenged Ormond Beach's ordinance prohibiting off-site advertising signs while permitting on-site signs. The court upheld the ordinance as a valid exercise of police power based on aesthetics and found that municipalities retain enforcement authority even thoug
• Barnes v. The United States
  538 F.2d 865· Ct. Cl.· 1976-07-09 ·cited 19×
  The court held that the government's operation of dams caused inevitable, recurring flooding above ordinary high-water marks, constituting a taking of a flowage easement and crop interests, and that the date of taking was November 30, 1973.
• Dade Cnty. v. Paxson
  270 So. 2d 455· Fla. 3d DCA· 1972-12-12 ·cited 19×
  In this consolidated eminent domain appeal, Dade County sought to acquire three parcels of land for Black Point Park. The court affirmed the taking of parcels 3 and 4 (totaling approximately 179 acres of mangrove swamp), but affirmed the trial court's denial of parcel 6, finding
• State Rd. Dep't of Fla. v. Tampa BAY Theaters, Inc.
  208 So. 2d 485· Fla. 2d DCA· 1968-03-27 ·cited 19×
  A valid option to renew a lease constitutes a compensable interest in land for eminent domain purposes, even if not formally exercised, if the condemnation proceedings prevented its exercise.
• Nicodemus v. Wash. Water Power Co.
  264 F.2d 614· 9th Cir.· 1959-02-25 ·cited 19×
  The court held that an electric utility could condemn an easement over allotted Indian land under 25 U.S.C. § 357 without first obtaining approval from the Secretary of the Interior.
• United States v. Maxim Bobinski
  244 F.2d 299· 2d Cir.· 1957-05-09 ·cited 19×
  The court held that the district court's findings on land value lacked sufficient detail for appellate review and that compensation for removed buildings should be measured by removal cost plus depreciation, or by the land's value with buildings minus the building's value upon re
• United States v. 13
  158 F.2d 874· 3d Cir.· 1946-12-31 ·cited 19×
  The court held that the trial judge did not abuse his discretion in excluding the expert testimony and the evidence of prior purchase prices and government settlements.
• Stranahan House, Inc. v. City OF Fort Lauderdale
  967 So. 2d 1121· Fla. 4th DCA· 2007-11-14 ·cited 18×
  Stranahan House challenged the City of Fort Lauderdale's approval of a development site plan for property adjacent to the historic Stranahan House. The Fourth District Court of Appeal upheld the circuit court's denial of two petitions for certiorari, holding that Stranahan House
• Broward Cnty. v. Bharat Patel
  641 So. 2d 40· Fla.· 1994-05-19 ·cited 18×
  The Florida Supreme Court held that in eminent domain proceedings involving severance damages, evidence that future zoning variances could mitigate losses is admissible, but only if the party demonstrates a reasonable probability the variance will be granted, and the evidence mus
• Terry Props., Inc. v. Standard OIL Co. (IND)
  799 F.2d 1523· 11th Cir.· 1986-09-24 ·cited 18×
  The court affirmed the district court's findings on liability for race discrimination and interference claims, but reversed the award of attorney's fees for some appellees.
• Anthony v. Franklin Cnty. & Willis "Bill" Collins
  799 F.2d 681· 11th Cir.· 1986-09-15 ·cited 18×
  The court held that terminating ferry service did not constitute a taking without due process or violate equal protection, as it did not deprive owners of access to their property but rather withdrew a public benefit. Furthermore, takings claims are premature until state remedies
• Nat'l R.R. Passenger Corp. v. ONE 25
  766 F.2d 685· 2d Cir.· 1985-06-27 ·cited 18×
  The court held that submitting the issue of property access to the jury in an eminent domain case was an error, as it is a legal question for the judge to determine.
• Canney v. City OF ST. Petersburg
  466 So. 2d 1193· Fla. 2d DCA· 1985-04-03 ·cited 18×
  In this eminent domain case, the court reversed a judgment that reduced Canney's condemnation award by deducting funds paid to subsequent property owners. The court held that Canney, as the original owner at the time of taking, was entitled to all severance damages except those a
• Dixon v. Feaster
  448 So. 2d 554· Fla. 5th DCA· 1984-03-29 ·cited 18×
  This case involves the right to a way of necessity under Florida law when heirs of a deceased landowner divided property without expressly reserving access easements. The court held that a way of necessity can only be implied based on conditions existing at the time of the origin
• Division of Administration v. Allen
  447 So. 2d 1383· Fla. 5th DCA· 1984-03-08 ·cited 18×
  In this eminent domain appeal, the Florida Department of Transportation challenges a jury verdict awarding $62,750 to Peterson Outdoor Advertising for its leasehold interest in billboards. The court addresses whether separate jury verdicts may be entered for different property in
• Urbanizadora Versalles, Inc. v. Rios
  701 F.2d 993· 1st Cir.· 1983-03-02 ·cited 18×
  The court held that a 14-year "freeze" on property development due to an official map and zoning designation constituted an unconstitutional deprivation of property without due process, and the district court did not err in enjoining these restrictions.
• SUN Charm Ranch, Inc. v. The City OF Orlando
  407 So. 2d 938· Fla. 5th DCA· 1981-12-02 ·cited 18×
  In this eminent domain case, Sun Charm Ranch and other landowners challenged the trial court's evidentiary rulings that permitted them to call the City of Orlando's retained appraiser as their own expert witness, but prohibited them from disclosing on direct examination that the
• Halder v. Standard OIL Co.
  642 F.2d 107· 5th Cir.· 1981-04-06 ·cited 18×
• United States v. 341.45 Acres OF Land
  633 F.2d 108· 8th Cir.· 1980-10-27 ·cited 18×
  The court held that the district court erred in admitting speculative evidence regarding the highest and best use of the land for subdivision and condominium development, as the landowners failed to provide credible evidence of demand for such uses.
• Fulcher v. United States
  632 F.2d 278· 4th Cir.· 1980-09-17 ·cited 18×
  The court held that a claim involving a declaration of taking and just compensation is exclusively within the jurisdiction of the Court of Claims, not the district court, as Congress intended to resolve title disputes upon the filing of the declaration.
• Ga. Power Co. v. 138.30 Acres OF Land
  596 F.2d 644· 5th Cir.· 1979-06-06 ·cited 18×
  The court held that landowners are not constitutionally guaranteed a jury trial in eminent domain proceedings, and while a commission may be appointed, its findings must be detailed and adequately explained, which was not the case here.
• Moorer v. The Dep't OF Hous. & Urban Dev.
  561 F.2d 175· 8th Cir.· 1977-09-09 ·cited 18×
  Persons displaced by private entities acquiring property with federal mortgage insurance and interest subsidies are not entitled to benefits under the Uniform Relocation Act (URA).
• Deseret Ranches OF Fla., Inc. v. Bowman
  349 So. 2d 155· Fla.· 1977-04-21 ·cited 18×
  The Florida Supreme Court upheld the constitutionality of Florida's statutory way of necessity statute (Fla. Stat. § 704.01(2)), rejecting the appellant's argument that it violates the public purpose requirement of Article X, Section 6(a) of the Florida Constitution. The court he
• Kasser v. Dade Cnty.
  344 So. 2d 928· Fla. 3d DCA· 1977-04-12 ·cited 18×
  Kasser, a property owner in Dade County, appealed dismissal of an inverse condemnation suit claiming the county's denial of his rezoning request constituted a taking of his property without compensation. The court affirmed dismissal, holding that challenges to specific zoning dec
• Maurice M. Sayre in Bankr. of the Liberty Mortg. Corp. v. The City OF Cleveland
  493 F.2d 64· 6th Cir.· 1974-03-14 ·cited 18×
  A de facto taking of property due to urban renewal requires more than just devaluation; it necessitates a physical invasion, damage, restraint, or a clear intent by the city to appropriate the specific property.
• Clinton St. Greater Bethlehem Church v. City OF Detroit
  484 F.2d 185· 6th Cir.· 1973-08-28 ·cited 18×
  The court held that the appellant was not a member of the class in the prior condemnation action and that a settlement agreement between the appellant and the City was valid and binding.
• Rice v. City OF Fort Lauderdale
  281 So. 2d 36· Fla. 4th DCA· 1973-06-29 ·cited 18×
  In a consolidated eminent domain appeal, the Fourth District reversed a condemnation judgment and remanded for new trial, holding that under Florida's "quick-take" procedures (Chapter 74), the property owner-condemnee has the right to open and close arguments, and that separate j
• United States v. 20.53 Acres OF Land
  478 F.2d 484· 10th Cir.· 1973-05-15 ·cited 18×
  The court held that the Commission's findings were insufficient for review because they failed to explain the reasoning, valuation methods, and pathway to the award, violating the standards set in United States v. Merz.
• Murray D. Stringer and Nellie Hearon Stringer v. United States
  471 F.2d 381· 5th Cir.· 1973-01-16 ·cited 18×
  The government's physical seizure of private property for public use, even without prior notice or compensation, is a lawful taking under the Fifth Amendment, with the Tucker Act providing the exclusive remedy for just compensation.
• Drakes Bay Land Co. v. The United States
  459 F.2d 504· Ct. Cl.· 1972-05-12 ·cited 18×
  The court held that the plaintiff is entitled to just compensation for the taking of its land, including interest and reasonable fees, based on the land's highest and best use as a subdivision, disregarding negative impacts from the Seashore project.
• City OF Miami Beach v. Manilow
  253 So. 2d 910· Fla. 3d DCA· 1971-10-26 ·cited 18×
  The court held that the trial court did not err in awarding costs and attorney's fees in an eminent domain proceeding, finding ample basis in the record and relevant statutes.
• Seadade Indus., Inc. v. Fla. Power & Light Co.
  245 So. 2d 209· Fla.· 1971-02-03 ·cited 18×
  Florida Supreme Court held that a utility seeking to condemn land for a project affecting natural resources must demonstrate a reasonable probability of obtaining required regulatory approvals and that condemnation will not cause irreparable harm if approvals are denied, balancin
• 6816.5 Acres OF Land v. United States
  411 F.2d 834· 10th Cir.· 1969-05-27 ·cited 18×
  The court held that the government's expert testimony regarding special benefits was too speculative and based on erroneous assumptions, and that the jury instructions on special benefits were misleading.
• United States v. An Easement & Right OF WAY 200 Feet Wide & 3
  405 F.2d 305· 6th Cir.· 1968-12-26 ·cited 18×
  The court held that evidence of comparable sales, even if not perfectly similar or occurring after the taking, is admissible and should be considered for its weight, and that apprehension of harm from power lines can affect market value for incidental damages.
• United States v. Leila Brown Birnbach
  400 F.2d 378· 8th Cir.· 1968-09-16 ·cited 18×
  The court held that landowners are not entitled to severance damages based on the enhancement value of riparian rights when the government takes land for navigation purposes, as these rights are subordinate to the government's superior interest in navigation.
• State OF Cal. v. United States
  395 F.2d 261· 9th Cir.· 1968-05-22 ·cited 18×
  The court held that the State of California is entitled to compensation for condemned underwater parcels, even if substitute facilities are not required, and that the measure of compensation should consider any profitable uses of the land that remain after dedication.
• Cyrus Higginson v. The United States
  384 F.2d 504· 6th Cir.· 1967-09-28 ·cited 18×
  The court held that an appeal must be dismissed because the notice of appeal failed to designate the final judgment from which the appeal was taken, and no unique circumstances justified a liberal interpretation of the rule.
• Sunflower Cnty. Colored Baptist Ass'n v. Trs. of Indianola Mun. Separate Sch. Dist.
  369 F.2d 795· 5th Cir.· 1966-12-01 ·cited 18×
  The court held that the allegations in the removal petition were insufficient to meet the conditions for removal under 28 U.S.C. § 1443, as the eminent domain proceedings did not present a situation where federal rights would inevitably be denied.
• Vinny C. Smith v. City OF Tallahassee
  191 So. 2d 446· Fla. 1st DCA· 1966-10-04 ·cited 18×
  The court held that the trial court erred in allowing cross-examination suggesting the property owners could bridge over a drainage easement, as such privileges must be formally established in the condemnation proceedings.
• State Rd. Dep't of Fla. v. Lewis
  156 So. 2d 862· Fla. 1st DCA· 1963-10-17 ·cited 18×
  In this inverse condemnation action, Lewis sued the State Road Department for taking his property during a 1952 highway widening and 1956 overpass construction without compensation. The court affirmed that the Department took Lewis's property but limited his recovery to special d
• Onego Corp. v. United States
  295 F.2d 461· 10th Cir.· 1961-09-27 ·cited 18×
  The court held that the trial court's valuation and division of the condemnation award were supported by substantial evidence and not clearly erroneous.
• United States v. Mischke
  285 F.2d 628· 8th Cir.· 1961-01-18 ·cited 18×
  The court held that the necessity or expediency of taking property for a public use is a legislative, not a judicial, question, and therefore the trial court lacked jurisdiction to review the Secretary of the Army's determination.
• Jacksonville Expressway Auth. v. Bennett
  124 So. 2d 307· Fla. 1st DCA· 1960-11-15 ·cited 18×
  In an eminent domain proceeding to acquire land for the Jacksonville Expressway, the trial court granted new trials to property owners after jury verdicts below the Authority's filed estimates of value. The appellate court reversed, holding that the Authority's estimates were not