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

• Dade Cnty. v. Oolite Rock Co.
  348 So. 2d 902· Fla. 3d DCA· 1977-06-28 ·cited 16×·via Eminent Domain Proceedings
  Dade County appeals an attorney's fee award of $29,000 to Oolite Rock Company in an eminent domain case, arguing it is excessive. The appellate court agrees, finding the fee unreasonable given the nature and type of legal work performed, and reduces the award to $14,000.
• Chipola Nurseries, Inc. v. Division of Administration
  294 So. 2d 357· Fla. 1st DCA· 1974-03-28 ·cited 16×
  Chipola Nurseries and other landowners challenged an eminent domain taking of their properties for a three-mile segment of Interstate 10, arguing the Department of Transportation selected the route in bad faith and without proper study of alternatives. The court affirmed the tria
• Gautreaux v. City OF Chicago & Richard J. Daley
  480 F.2d 210· 7th Cir.· 1973-05-18 ·cited 16×
  The court held that the City Council's inaction in passing on housing site submittals, which perpetuated racial imbalance, rendered it liable for delay, and the district court's remedy was appropriate.
• Marina N. Oswald Porter v. United States
  473 F.2d 1329· 5th Cir.· 1973-02-26 ·cited 16×
  The court held that the "collector's value" created by public interest in the assassination is a compensable element of just compensation, but damage and copyright infringement claims are not.
• Jones v. City OF Tallahassee
  266 So. 2d 382· Fla. 1st DCA· 1972-09-19 ·cited 16×
  Petitioners challenged a city's eminent domain decision to route an electric transmission line across their property, claiming the city acted in bad faith and abused its discretion. The court upheld the city's decision, holding that a public body's determination of necessity in e
• City OF Miami Beach v. Liflans Corp.
  259 So. 2d 515· Fla. 3d DCA· 1972-03-14 ·cited 16×
  In an eminent domain action where the City of Miami Beach condemned certain foreshore rights from Liflans Corporation for beach restoration purposes, the jury awarded zero compensation to the landowner. The trial court nevertheless awarded the defendant landowner costs and attorn
• United States v. 422
  445 F.2d 1180· 9th Cir.· 1971-07-21 ·cited 16×
  The United States can use submerged land for navigational purposes without compensating the owner, and any claim for compensation is barred by the Tucker Act's six-year statute of limitations if not brought within that period.
• United States v. Harrison Cnty.
  399 F.2d 485· 5th Cir.· 1968-08-15 ·cited 16×
  The court held that the United States is entitled to specific performance of its contract with Harrison County to maintain a public beach, and the state Supreme Court's decision in Guice does not preclude this enforcement as the United States was not a party to that suit.
• Staplin v. The Canal Auth. of the State of Fla.
  208 So. 2d 853· Fla. 1st DCA· 1968-04-09 ·cited 16×
  In this eminent domain case, the Florida District Court of Appeal upheld the trial court's supplemental order granting the Canal Authority fee simple title to land for a water reservoir and surrounding strip, rejecting the property owner's argument that the Authority lacked autho
• Pub. Util. Dist. NO. 1 OF Pend Oreille Cnty. v. City OF Seattle
  382 F.2d 666· 9th Cir.· 1967-08-28 ·cited 16×
  The court should reverse the decision on Seattle's cross-appeal because a licensee acting under the Federal Power Act is entitled to the benefit of the federal navigation servitude.
• The Swan Lake Hunting Club & the State of Miss. v. United States
  381 F.2d 238· 5th Cir.· 1967-07-12 ·cited 16×
  The court held that the Migratory Bird Conservation Act, when read with 40 U.S.C.A. § 257, authorizes condemnation of land for migratory bird refuges, and that Mississippi's legislative and gubernatorial consent was sufficient for the taking of hunting rights.
• Braren v. Lawyers' Realty Abstract Co. OF Sarasota
  196 So. 2d 244· Fla. 2d DCA· 1967-02-24 ·cited 16×
  The court held that without a recorded judgment or decree of condemnation, there is no competent evidence that a drainage district acquired title to the disputed land, thus the grantors did not breach their covenant of seisin.
• Chandler v. United States
  372 F.2d 276· 10th Cir.· 1967-01-17 ·cited 16×
  The court held that the government's amendment to the Declaration of Taking, eliminating an unlawful royalty reservation, was permissible, and that the commission's report was valid despite the lack of formal instructions, as the proceedings met the requirements of Merz and Rule
• S. Pac. Land Co. v. United States
  367 F.2d 161· 9th Cir.· 1966-10-12 ·cited 16×
  The court held that while judicial review of administrative decisions regarding property necessity in eminent domain may exist in limited circumstances, the decision to take mineral rights was not arbitrary or capricious.
• United States v. 172.80 Acres OF Land
  350 F.2d 957· 3d Cir.· 1965-08-24 ·cited 16×
  Enhancement in property value due to a government project is includable in a condemnation award if the property was not initially identified as likely to be taken for that project.
• United States v. Benning
  330 F.2d 527· 9th Cir.· 1964-02-14 ·cited 16×
  The court held that the Commission's determination of highest and best use, considering reasonable future probability of residential development, and the allowance of severance damages based on that probability, were not clearly erroneous.
• State Rd. Dep't of Fla. v. Outlaw
  148 So. 2d 741· Fla. 1st DCA· 1963-01-22 ·cited 16×
  In this eminent domain appeal, the State Road Department and Okaloosa County challenged a post-judgment order awarding expert witness fees of $1,280.00 to an appraiser who testified about property values. The court held that while the witness was properly qualified as an expert,
• United States v. Gregory
  300 F.2d 11· 10th Cir.· 1962-02-01 ·cited 16×
  The judgment is vacated because the canal renovation was a discretionary function under the Federal Tort Claims Act, and the damages awarded exceeded the Tucker Act's jurisdictional limit for takings claims.
• United States v. Pope & Talbot, Inc.
  293 F.2d 822· 9th Cir.· 1961-06-14 ·cited 16×
  The court held that severance damages are recoverable for the diminution in market value of remaining lands caused by the use to which the taken portion is put, but not for damages arising from the government's use of its own adjoining lands. The court also held that increased fi
• United States v. Glanat Realty Corp. & E. Suffolk Concrete & Asphalt Corp.
  276 F.2d 264· 2d Cir.· 1960-03-15 ·cited 16×
  The court held that compensation for condemned land includes the value of materials removed, as part of the overall decrease in land value, and that appellate courts are limited in reviewing factual findings on land valuation.
• United States v. The Meadow Brook Club
  259 F.2d 41· 2d Cir.· 1958-08-06 ·cited 16×
  The court held that the trial judge committed multiple errors in assessing the value of condemned land, warranting reversal and a new trial.
• Tuscarora Nation OF Indians v. Power Auth. OF the State OF NEW York
  257 F.2d 885· 2d Cir.· 1958-07-24 ·cited 16×
• State of Fla. ex rel. State Rd. Dep't of Fla. v. Wingfield
  101 So. 2d 184· Fla. 1st DCA· 1958-03-11 ·cited 16×
  Florida's Supreme Court of Appeals resolved a dispute over whether a trial judge could authorize early payment of a portion of a condemnation deposit based on a court-appointed appraiser's valuation rather than the condemning authority's estimate of just compensation. The court h
• Boyd v. United States
  222 F.2d 493· 8th Cir.· 1955-05-11 ·cited 16×
  The court held that landowners are entitled to compensation for the diminished market value of their remaining property only if the specific use of the taken portion of their land directly causes that diminution, not merely the general use of the entire project.
• United States v. Twin City Power Co. & William P. Dauchy
  215 F.2d 592· 4th Cir.· 1954-08-30 ·cited 16×
  The court held that the availability of land for water power development is a relevant element of its market value and must be considered in determining just compensation under the Fifth Amendment when the land is taken by the United States.
• Nitterhouse v. United States
  207 F.2d 618· 3d Cir.· 1953-10-12 ·cited 16×
  Income tax on capital gain from an eminent domain taking is payable in the year the taxpayer receives payment, not the year of the taking, if the taxpayer is on the cash basis.
• Chapman v. United States
  169 F.2d 641· 10th Cir.· 1948-08-09 ·cited 16×
  The court held that limiting the number of expert witnesses to four per side in a condemnation case was not an abuse of discretion, and other alleged errors did not prejudice the landowner.
• United States v. Kan. City
  159 F.2d 125· 10th Cir.· 1946-12-06 ·cited 16×
  The court held that the lower court erred in limiting the life of the easement to the period of its use by the United States, as the Secretary of War was authorized to dispose of it to others in the interest of national defense.
• United States v. Kan. City
  157 F.2d 459· 8th Cir.· 1946-10-17 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying the government's motion for a new trial, as the alleged juror misconduct was not shown to be prejudicial.
• Oliver v. United States
  155 F.2d 73· 8th Cir.· 1946-04-09 ·cited 16×
  The landowners are not entitled to interest on the stipulated purchase price because the contract did not provide for it and the United States is generally not liable for interest without express consent.
• United States v. San Geronimo Dev. Co., Inc.
  154 F.2d 78· 1st Cir.· 1946-03-04 ·cited 16×
  The United States is entitled to the free use and occupation of the leased land during wartime, as the presidential proclamation did not extinguish this reserved right.
• John L. Roper Lumber Co. v. United States
  150 F.2d 329· 4th Cir.· 1945-07-11 ·cited 16×
  The court held that the landowner is not entitled to compensation for any increase in land value that is attributable to the government's project for which the land is being condemned, if the land was likely within the scope of the project from its inception.
• Isaac G. Johnson & Co. v. United States
  149 F.2d 851· 2d Cir.· 1945-06-12 ·cited 16×
  The court held that the 'interest' portion of an eminent domain award is taxable income, and legal fees incurred in the condemnation proceeding are capital expenditures, not deductible business expenses.
• Phillips v. United States
  148 F.2d 714· 2d Cir.· 1945-03-13 ·cited 16×
  The court held that the condemnation award was not legally erroneous and was supported by substantial evidence, thus affirming the lower court's decision.
• United States v. Johns
  146 F.2d 92· 9th Cir.· 1944-12-11 ·cited 16×
  The court held that interest on condemnation awards is not allowable from the date of the verdict if the taking of the property occurred after the verdict.
• Rambo v. United States
  145 F.2d 670· 5th Cir.· 1944-11-14 ·cited 16×
  Federal courts lack jurisdiction to entertain partition suits against the United States if the primary purpose is to try title to land in the government's possession.
• Silberman v. United States
  131 F.2d 715· 1st Cir.· 1942-12-08 ·cited 16×
  The court held that while lessees have a right to compensation and to be heard on the value of their interest, the trial court did not err in denying them participation in the initial jury trial to determine the land's value, as their interest was adequately protected by the subs
• Emilio Cirelli v. ENT
  885 So. 2d 423· Fla. 5th DCA· 2004-10-18 ·cited 15×
  Appellants who own landlocked property sought to establish a statutory way of necessity over adjoining properties under Florida Statute § 704.01(2). The trial court granted summary judgment for the neighboring property owners, applying the Marketable Record Titles Act (MRTA) to e
• Hillsborough Cnty. v. Wilmer H. Kortum and Vivian R. Kortum
  585 So. 2d 1029· Fla. 2d DCA· 1991-08-23 ·cited 15×
  Hillsborough County appealed a judgment awarding the Kortums full fee value for property taken in eminent domain, arguing the County held a valid road right-of-way easement reserved in the original 1943 deed. The appellate court reversed, holding the easement was not extinguished
• State v. Weggies Banana Boat
  576 So. 2d 722· Fla. 2d DCA· 1990-12-21 ·cited 15×
  In this eminent domain dispute, the Florida Second District Court of Appeal reversed a trial court's order granting a new trial and reinstated a jury verdict awarding zero business damages to a condemnee whose highway access was altered by the Department of Transportation. The co
• Buckley v. City OF Miami Beach
  559 So. 2d 310· Fla. 3d DCA· 1990-04-03 ·cited 15×
  In this long-running eminent domain dispute, the Florida District Court of Appeal affirmed summary judgment for the City of Miami Beach, rejecting Amelia King Buckley's claims for additional compensation based on the date of taking and her constitutional challenges to Chapter 73,
• Cnty. OF Sarasota v. Selva L. Burdette
  524 So. 2d 1064· Fla. 2d DCA· 1988-04-15 ·cited 15×
  This case involves an eminent domain proceeding where Sarasota County appealed orders taxing fees and costs awarded to landowners for an eminent domain proceeding. The appellate court affirmed most of the awards but reversed the award for an accountant whose services were ultimat
• United States v. 0.161 Acres OF Land
  837 F.2d 1036· 11th Cir.· 1988-02-19 ·cited 15×
  The court held that the district court abused its discretion by excluding the testimony of an expert economist regarding property value and by excluding evidence of two nearby property sales, as these exclusions prejudiced the defendants and denied them a fair trial.
• Joint Ventures, Inc. v. Dep't OF Transp.
  519 So. 2d 1069· Fla. 1st DCA· 1988-01-29 ·cited 15×
  Section 337.241(2)–(3) of the Florida Statutes is constitutional because, although the administrative remedy in subsection (3) may be inadequate in individual cases, the Fifth Amendment and the Florida Constitution guarantee landowners a fundamental right to pursue inverse condem
• State v. Mid-Florida Growers, Inc.
  505 So. 2d 592· Fla. 2d DCA· 1987-04-10 ·cited 15×
  The State of Florida destroyed healthy citrus trees at appellees' nurseries as part of an emergency eradication effort to prevent the spread of citrus canker, despite negative test results. The trial court found this constituted a compensable taking even though it was a valid exe
• Rose v. Town OF Harwich
  778 F.2d 77· 1st Cir.· 1985-12-03 ·cited 15×
  A prior state court judgment, even if characterized as a dismissal for 'lack of jurisdiction' due to a statute of limitations, has claim-preclusive effect and bars a subsequent federal suit on the same claims.
• Flatt v. City OF Brooksville
  368 So. 2d 631· Fla. 2d DCA· 1979-03-14 ·cited 15×
  The Florida District Court of Appeal reversed a trial court's determination that homeowners could not recover compensation for damage to personal property destroyed by a city-constructed drainage system that caused flooding. The court held that the Florida Constitution's takings
• Ga. Power Co. v. 54.20 Acres OF Land
  563 F.2d 1178· 5th Cir.· 1977-11-28 ·cited 15×
  The dissenting judge argues that state law, not federal common law, should govern the measure of compensation in a federal eminent domain action brought by a licensee under the Federal Power Act, as there is no significant federal interest to displace state law.
• Goose Creek Hunting Club, Inc. v. The United States
  518 F.2d 579· Ct. Cl.· 1975-06-25 ·cited 15×
  The government is liable for damages caused by permanently flooding private property outside the bed of a navigable stream, even if the flooding results from improvements made to the navigable stream for navigation purposes.
• City OF Miami Beach v. Manilow
  232 So. 2d 759· Fla. 3d DCA· 1970-03-03 ·cited 15×
  The court reversed a summary judgment for the defendants, finding that the city's petition for eminent domain sufficiently alleged its intent to construct a project, even if actual construction had not yet begun.