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

• Porter W. Homer v. Dadeland Shopping Ctr., Inc.
  217 So. 2d 844· Fla. 3d DCA· 1969-01-14 ·cited 15×
  This appeal concerns the proper ad valorem tax assessment of shopping center property. The Dade County taxing authorities dramatically increased their valuation of three parcels from $889,520 in 1965 to $3,360,210 in 1966 without any change in the property itself. The court affir
• Wright v. Dade Cnty.
  216 So. 2d 494· Fla. 3d DCA· 1968-11-05 ·cited 15×
  Property owners appealed a trial court's decision upholding Dade County's right to condemn their land for public hospital expansion purposes via eminent domain. The appellate court affirmed the trial court's finding that the taking was for a valid public use, made in good faith,
• City OF Jacksonville v. George Schumann et ux.
  199 So. 2d 727· Fla. 1st DCA· 1967-06-15 ·cited 15×
  The City of Jacksonville appealed from a trial court decree finding that property owners had valid claims for inverse condemnation due to noise and vibration from airport operations, and ordering the City to institute eminent domain proceedings. The court affirmed, holding that a
• City OF Pompano Beach v. Beatty
  177 So. 2d 261· Fla. 2d DCA· 1965-07-07 ·cited 15×
  The City of Pompano Beach appeals a decree requiring it to remove improvements it placed on private property adjacent to Atlantic Boulevard or commence condemnation proceedings. The court held that the actual width of the street as established by the original survey stakes and mo
• State Rd. Dep't OF Fla. v. Southland, Inc.
  117 So. 2d 512· Fla. 1st DCA· 1960-01-21 ·cited 15×
  The Florida Department of State Roads sought to acquire by eminent domain property owned by Southland, Inc. for a right-of-way for a limited-access interstate highway (State Road 9). The trial court dismissed the condemnation proceeding, finding no public necessity at the time be
• Murphy v. United States Dist. Court for N. Dist. of Cal.
  145 F.2d 1018· 9th Cir.· 1944-12-02 ·cited 15×
  A federal judge has discretion to grant a new trial in an eminent domain case, and state procedural statutes limiting this discretion do not apply.
• Franklin v. United States
  101 F.2d 459· 6th Cir.· 1939-01-20 ·cited 15×
  The court held that the allegations in the appellants' petitions, if true, stated a good cause of action for an unlawful taking of property under the Fifth Amendment. The lower court erred in sustaining the demurrers, and the judgment should be reversed.
• Tampa Shipbuilding & Eng'g Co. v. City of Tampa
  102 Fla. 549· Fla.· 1931-07-27 ·cited 15×
  Tampa Shipbuilding & Engineering Company sought to recover municipal taxes paid to the City of Tampa based on a 1917 contract with the city to convey strips of land for streets and alleys in exchange for tax remission. The Florida Supreme Court held the contract ultra vires and v
• Blockbuster Video, Inc. v. State
  714 So. 2d 1222· Fla. 2d DCA· 1998-08-12 ·cited 14×
  Blockbuster Video appeals a summary judgment denying business damages in an eminent domain proceeding where the DOT took part of its leased property. The court reversed, holding that Blockbuster's modest relocation of its store within the same commercial parcel did not restart th
• Finkelstein v. Dep't OF Transp.
  656 So. 2d 921· Fla.· 1995-05-18 ·cited 14×
  The Florida Supreme Court addressed whether evidence of environmental contamination is relevant and admissible in eminent domain valuation trials. The Court held that contamination evidence is relevant to market value if supported by adequate factual predicate, but cautioned that
• City OF Ocala v. O.J. NYE
  608 So. 2d 15· Fla.· 1992-10-08 ·cited 14×
  A municipality, under its home rule powers, may exercise eminent domain to acquire an entire tract of land when only a portion is needed for a municipal purpose, if doing so is less expensive than acquiring only the portion needed.
• Orange Cnty. v. Lust
  602 So. 2d 568· Fla. 5th DCA· 1992-05-08 ·cited 14×
  Orange County challenges a circuit court's order quashing the County's denial of a landowner's rezoning application for a 2,100-square-foot agricultural parcel to heavy commercial zoning for a billboard. The appellate court reverses, holding that the trial court applied the wrong
• Foster v. City OF Gainesville
  579 So. 2d 774· Fla. 1st DCA· 1991-05-03 ·cited 14×
  Property owners sued the City of Gainesville for inverse condemnation after the city extended an airport runway, causing low-flying aircraft to pass over their homes at 220 feet or less, resulting in noise, vibrations, and property damage. The trial court granted the city's motio
• Marine ONE, Inc. v. Manatee Cnty.
  898 F.2d 1490· 11th Cir.· 1990-04-25 ·cited 14×
  Revocation of permits for activities on public land does not constitute a taking of property because the permit holder lacks a protectable property interest.
• Palm Beach Cnty. v. Ziyad Awadallah and Adnan Awadallah
  538 So. 2d 142· Fla. 4th DCA· 1989-02-15 ·cited 14×
  The court held that business damages are not recoverable when the business is located on the land being taken, as opposed to adjoining land, and that the fundamental error doctrine allows consideration of this issue on appeal even if not raised below.
• United States v. Charles Gyurman Land & Cattle Co.
  836 F.2d 480· 10th Cir.· 1987-12-30 ·cited 14×
  The court held that the district court erred in using the prevailing party determination as the standard for substantial justification under the Equal Access to Justice Act.
• Ochoa Realty Corp. v. Faria
  815 F.2d 812· 1st Cir.· 1987-04-06 ·cited 14×
  The court held that the appeal of the remand order is unreviewable, the claims for equitable relief were moot, and the damage claims were premature due to failure to exhaust state remedies.
• Yuba Goldfields, Inc. v. The United States
  723 F.2d 884· Fed. Cir.· 1983-12-14 ·cited 14×
  The Claims Court erred in granting summary judgment for the United States because genuine issues of material fact exist regarding whether the government's actions constituted a taking of private property under the Fifth Amendment.
• Pac. GAS & Elec. Co. v. Fed. Energy Regulatory Comm'n
  720 F.2d 78· D.C. Cir.· 1983-10-11 ·cited 14×
  The court held that FERC reasonably accommodated the FPA's goals by licensing CCWD's project with conditions protecting PG&E's interests, affirming FERC's interpretation of statutory provisions and license terms.
• Cnty. OF Volusia v. W.R. Pickens & Cont'l Ins. Co.
  439 So. 2d 276· Fla. 5th DCA· 1983-09-22 ·cited 14×
  The dissenting opinion argues that in inverse condemnation cases, property should be valued as of the time of trial, not the date of taking, to ensure full compensation.
• City OF ST. Petersburg v. Wall
  419 So. 2d 1167· Fla. 2d DCA· 1982-09-29 ·cited 14×
  The court affirmed damages awarded for losses incurred during the appeal period due to a stay but reversed damages awarded for losses incurred during the trial court litigation when the city failed to establish necessity for condemnation.
• Leon Cnty. v. Smith
  397 So. 2d 362· Fla. 1st DCA· 1981-04-10 ·cited 14×
  The court held that the county's actions in altering and connecting drainage systems, which resulted in flooding and rendering private property useless, constituted a taking and continuing trespass, and sovereign immunity did not bar recourse.
• United States v. 9.20 Acres OF Land
  638 F.2d 1123· 8th Cir.· 1981-01-07 ·cited 14×
  The court held that the district court's findings were not clearly erroneous and affirmed the judgment awarding $15,000 in just compensation for the condemned land.
• Georgia-Pacific Corp. v. The United States
  640 F.2d 328· Ct. Cl.· 1980-12-17 ·cited 14×
  The court adopted the trial judge's report, modified to exclude compensation for delay in payment and to reflect the court's view on that issue. The court found that the establishment of the park did not depreciate the value of the remaining timberlands.
• Marston v. RED River Levee & Drainage Dist.
  632 F.2d 466· 5th Cir.· 1980-12-08 ·cited 14×
  The court held that the amendments to the Louisiana statute regarding compensation for appropriated land did not alter the outcome, and attorneys' fees for the appeal were authorized and fixed by the court.
• Young v. Harris
  599 F.2d 870· 8th Cir.· 1979-06-13 ·cited 14×·via Power Of Eminent Domain
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the appellants failed to show a likelihood of success on the merits regarding violations of federal statutes and failed to demonstrate irreparable harm.
• Libby ROD & GUN Club v. Poteat
  594 F.2d 742· 9th Cir.· 1979-03-15 ·cited 14×
  The court held that specific appropriations for the Libby Additional Units and Reregulating Dam project (LAURD) constituted sufficient congressional authorization and consent under 33 U.S.C. § 401 for the expenditures.
• NBH Land Co. v. The United States
  576 F.2d 317· Ct. Cl.· 1978-05-17 ·cited 14×
  Actions of defendant's officials in proposing land acquisition and opposing local zoning changes did not constitute a taking under the law of eminent domain.
• United States v. 403.14 Acres OF Land
  553 F.2d 565· 8th Cir.· 1977-04-20 ·cited 14×
  The court held that the commission's report was sufficiently detailed to show its reasoning and that the award was supported by evidence and not clearly erroneous.
• United States v. Streets
  531 F.2d 882· 8th Cir.· 1976-02-23 ·cited 14×
  The court held that the determination of reasonable necessity for substitute public facilities is a judicial function, and the government need only compensate for present needs based on the population at the time of taking, not speculative future needs.
• United States v. 564.54 Acres OF Land
  506 F.2d 796· 3d Cir.· 1974-12-30 ·cited 14×
  The substitute facilities measure of just compensation is available to private owners of non-profit community facilities, not just governmental entities.
• Division OF Administration v. Hillsboro Ass'n, Inc.
  286 So. 2d 578· Fla. 4th DCA· 1973-10-12 ·cited 14×
  The Florida District Court of Appeal reversed a jury verdict awarding consequential damages for seawall destruction in an eminent domain proceeding, holding that damages from construction methods are not recoverable in condemnation suits absent negligence, and that there was insu
• City OF Miami v. Culbertson
  281 So. 2d 578· Fla. 3d DCA· 1973-08-28 ·cited 14×
• Nat'l Labor Relations Bd. v. Natchez Trace Elec. Power Ass'n
  476 F.2d 1042· 5th Cir.· 1973-04-19 ·cited 14×·via Power Of Eminent Domain
  An electric power association incorporated under Mississippi law is not a political subdivision of the state for purposes of the National Labor Relations Act, and thus is subject to the Board's jurisdiction.
• United States v. 58.16 Acres OF Land
  478 F.2d 1055· 7th Cir.· 1973-04-13 ·cited 14×
  The denial of a landowner's challenge to the government's right to take property in eminent domain is an appealable order if the challenge raises fundamental issues of bad faith or arbitrariness, even if interlocutory.
• United States upon the relation & for the Use of the Tenn. Valley Auth. v. AN Easement & Right-Of-Way Containing 0.1 Acres
  452 F.2d 729· 6th Cir.· 1971-12-09 ·cited 14×
  The 1966 amendment to 28 U.S.C. § 2412 does not authorize taxation of costs against the United States in eminent domain proceedings.
• Crawford v. Courtney
  451 F.2d 489· 4th Cir.· 1971-11-24 ·cited 14×
  The court held that the district judge did not abuse his discretion in abstaining from exercising federal diversity jurisdiction in favor of a state court that had prior jurisdiction over the property and fund.
• United States v. 967
  447 F.2d 764· 8th Cir.· 1971-08-25 ·cited 14×
  The court held that the cabin barges, despite being difficult to remove, were personal property and not compensable fixtures in the condemnation of the land. The court also found that Section 111 of the Rivers and Harbors and Flood Control Act of 1970 applied to the case, requiri
• Langston v. City OF Miami Beach
  242 So. 2d 481· Fla. 3d DCA· 1971-01-05 ·cited 14×
  The court held that property owners who received deeds conveying lots without reference to abutting streets do not have a compensable interest in those streets when the municipality condemns the lots.
• State Rd. Dep't OF Fla. v. McCAFFREY
  229 So. 2d 668· Fla. 2d DCA· 1969-12-17 ·cited 14×·via Eminent Domain Proceedings
  The State Road Department appeals from summary judgment orders and a final judgment in favor of property owners who lost direct access to State Road 25 after the Department converted it to a limited-access facility. The court affirms, holding that property owners are entitled to
• United States v. 2
  414 F.2d 965· 5th Cir.· 1969-07-21 ·cited 14×
  The court held that the district court erred in disallowing evidence of enhancement in the land's value caused by the original establishment of a space facility, as the Colton land was not publicly disclosed as being within the project's scope at the time of the initial taking.
• Phelps Dodge Corp. v. The Atchison
  400 F.2d 20· 10th Cir.· 1968-09-05 ·cited 14×
  The court held that the trial court did not abuse its discretion in consolidating trials, refusing a jury view, or admitting expert testimony on land valuation in condemnation proceedings.
• Esse Forrester O'Brien v. United States
  392 F.2d 949· 5th Cir.· 1968-03-22 ·cited 14×
  The court held that while the overall compensation award was largely affirmed, the judgment should be modified to include specific severance damages for the loss of legal access to the new roadway.
• United States v. Thomas F. LEE and wife Ola Mae Lee
  360 F.2d 449· 5th Cir.· 1966-05-12 ·cited 14×
  The court held that the cost of a survey, necessitated by a dispute over acreage in a condemnation proceeding, is part of the just compensation required by the Fifth Amendment.
• United States v. Certain Land IN the Borough OF Brooklyn
  346 F.2d 690· 2d Cir.· 1965-06-09 ·cited 14×
  The court held that the trial court erred in excluding evidence of the City's acquisition costs and in refusing to consider the cost of substitute playground facilities, requiring a new trial.
• J. A. Tobin Constr. Co. v. United States
  343 F.2d 422· 10th Cir.· 1965-03-05 ·cited 14×
  The court held that the value of a quarry, enhanced solely by the government's need for it in a public project, is not compensable in a condemnation proceeding.
• United States v. 2
  336 F.2d 646· 6th Cir.· 1964-09-28 ·cited 14×
  The court held that testimony regarding speculative future development of remaining land in a condemnation action is inadmissible as it constitutes prejudicial error.
• United States v. 91.69 Acres OF Land
  334 F.2d 229· 4th Cir.· 1964-06-24 ·cited 14×
  The court held that the appeal was not ripe for review and that the challenge to the necessity of the taking is generally not for the Commission to decide.
• United States v. State OF S.D. Game
  329 F.2d 665· 8th Cir.· 1964-04-08 ·cited 14×
  The court held that submitting a substitute site theory to the jury in an eminent domain case, rather than solely focusing on market value, was prejudicial error.
• United States v. Chatham
  323 F.2d 95· 4th Cir.· 1963-09-23 ·cited 14×
  The United States acquired no title to the disputed land through its 1935 condemnation proceedings because it failed to provide adequate notice to the true owners, nor did it establish title through adverse possession due to insufficient possession.