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

• Casey v. Fla. Power Corp.
  157 So. 2d 168· Fla. 2d DCA· 1963-09-13 ·cited 14×
  In an eminent domain case involving the condemnation of a 14.5-acre easement for a high-voltage transmission line, the court held that evidence of depreciation to adjacent property based on fear of the towers and lines, or their general unsightliness, is too speculative to suppor
• Alford v. Finch
  155 So. 2d 790· Fla.· 1963-06-28 ·cited 14×
  The Florida Supreme Court held that the Game and Fresh Water Fish Commission violated landowners' constitutional rights by prohibiting hunting on their private property without compensation, even though the Commission has broad authority to regulate game and establish refuges on
• N. v. Philips' Gloeilampenfabrieken & Hartford Nat'l Bank & Tr. Co. Under Indenture
  316 F.2d 401· D.C. Cir.· 1963-03-21 ·cited 14×
  The court held that the Patent Compensation Board erred in dismissing all claims as time-barred and that certain claims were not cognizable by the Board. Claims for foreign patents, expired domestic patents, and the taking of a non-exclusive license were correctly dismissed, but
• State OF Cal. v. Rank
  293 F.2d 340· 9th Cir.· 1961-03-31 ·cited 14×
  The court held that the suit was not a general adjudication of water rights and thus the United States had not consented to be sued under the McCarran Amendment, and the district court lacked jurisdiction over the United States. However, the suit could proceed against the officia
• State Rd. Dep't of Fla. v. P. A. Shell et a!.
  122 So. 2d 215· Fla. 2d DCA· 1960-07-20 ·cited 14×
  The State Road Department sought certiorari to review a discovery order in an eminent domain proceeding requiring it to produce appraisals, surveys, maps, and other valuation evidence before trial. The court held that such work product is protected from pre-trial discovery when t
• Adaman Mut. Water Co. v. United States
  278 F.2d 842· 9th Cir.· 1960-05-26 ·cited 14×
  The court held that the loss of the right to collect future assessments on condemned land, stemming from an equitable servitude, constitutes a compensable interest under the Fifth Amendment.
• Carlstrom v. United States
  275 F.2d 802· 9th Cir.· 1960-02-15 ·cited 14×
  The court held that a jury could reasonably determine just compensation for multiple property interests in a single condemnation proceeding, and that the trial court did not abuse its discretion in admitting or excluding evidence.
• Fla. Power Corp. v. Otto Wenzel
  113 So. 2d 747· Fla. 2d DCA· 1959-07-10 ·cited 14×
  Florida Power Corporation sought to condemn an easement for a transmission line and also sought the right to remove twenty "danger trees" located adjacent to the right-of-way. The court held that a utility may condemn the privilege of removing adjacent trees without condemning th
• Hunter Giers Hicks v. United States
  266 F.2d 515· 6th Cir.· 1959-05-13 ·cited 14×
  The court held that testimony regarding erosion damage was admissible, but the landowner failed to prove increased river current caused by tree cutting. Incidental damages for the power lines' impact on market value were awarded.
• United States v. 396 Corp.
  264 F.2d 704· 2d Cir.· 1959-03-18 ·cited 14×
  The appellate court affirmed the trial court's determination of fair rental value, finding that the trial court properly considered all relevant factors, including the government's option and the landlord's advantages and disadvantages.
• Burkhart v. United States & Irwin A. Falk & Vuelta C. Falk
  227 F.2d 659· 9th Cir.· 1955-06-28 ·cited 14×
  A lease agreement cannot alter the character of structures on land as realty for condemnation purposes, and the government's declaration of taking vests title to all realty, including improvements, unless expressly excluded.
• Norman Lumber Co. v. United States
  223 F.2d 868· 4th Cir.· 1955-06-13 ·cited 14×
  A federal judgment of condemnation is not rendered invalid against a subsequent purchaser for value due to failure to index and cross-index the judgment in state court records.
• The State Rd. Dept. OF Fla. v. Lewis
  79 So. 2d 699· Fla.· 1955-01-28 ·cited 14×
• Porter v. Columbia Cnty.
  75 So. 2d 699· Fla.· 1954-11-12 ·cited 14×
  In this eminent domain proceeding, the Florida Supreme Court affirmed the trial court's judgment, holding that testimony regarding ownership interests and damages to property should be excluded during the initial valuation phase of an eminent domain action and that the trial cour
• United States v. Certain Parcels of Land in City of Philadelphia
  215 F.2d 140· 3d Cir.· 1954-08-12 ·cited 14×
  The court held that the Commissioners' valuation was sustainable despite potential calculation errors, and the condemnation was proper despite transitional delays and a minor discrepancy in the initial deposit.
• United States v. Willis
  211 F.2d 1· 8th Cir.· 1954-03-18 ·cited 14×
  The court held that the district court erred in setting aside the condemnation judgment, finding the government's decision to acquire the tract was not arbitrary or capricious.
• United States v. Hirsch
  206 F.2d 289· 2d Cir.· 1953-07-13 ·cited 14×
  The court held that a post-judgment deposit, even with a reservation of restitution rights, is a valid tender and that the Committee's valuation was supported by sufficient evidence, rejecting both the government's and Hirsch's appeals.
• United States v. Advertising Checking Bureau, Inc.
  204 F.2d 770· 7th Cir.· 1953-05-06 ·cited 14×
  The court held that the government had statutory authority to condemn the leasehold interest and that the tenant was not entitled to compensation due to lease provisions waiving such rights upon condemnation.
• Anderson-Tully Co. v. United States
  189 F.2d 192· 5th Cir.· 1951-05-16 ·cited 14×
  The court held that the government's erected structures on leased land did not become part of the realty and thus were not compensable in a condemnation action, and that the landowner was not prejudiced by the government having the right to open and close.
• Scott v. United States
  161 F.2d 1009· 6th Cir.· 1947-06-03 ·cited 14×
  A directed verdict is improper when there is substantial evidence of fraud or misrepresentation in procuring an option contract, as the issue of validity must be submitted to the jury.
• United States v. Block
  160 F.2d 604· 9th Cir.· 1947-03-22 ·cited 14×
  The court held that the admission of testimony regarding the market value of appellee's machinery and equipment was not reversible error, and the verdict was supported by the evidence.
• Foster v. United States
  145 F.2d 873· 8th Cir.· 1944-12-26 ·cited 14×
  The court held that the trial court did not commit reversible error in its evidentiary rulings or in denying a new trial based on inadequate verdicts.
• Commissioner of Internal Revenue v. Shamberg's Estate
  144 F.2d 998· 2d Cir.· 1944-08-24 ·cited 14×
  The court held that the interest on bonds issued by a state-owned public utility corporation, which are not obligations of the state and are payable solely from the corporation's earnings, is not exempt from federal income tax under the statute exempting interest on "obligations
• Eagle Lake Improvement Co. v. United States
  141 F.2d 562· 5th Cir.· 1944-03-28 ·cited 14×
  The court held that the trial court's jury charge on mineral leasehold valuation was erroneous and prejudicial, requiring reversal.
• United States v. 1
  137 F.2d 8· 8th Cir.· 1943-07-07 ·cited 14×
  The dissenting judge believes the trial court abused its discretion by denying amendments to the declarations of taking and erred in its method of computing interest.
• Redman v. United States
  136 F.2d 203· 4th Cir.· 1943-05-27 ·cited 14×
  The court held that the trial court did not err in admitting the testimony of government experts and evidence of the appellants' prior application for a tax reduction, as the admissibility of expert testimony and such evidence is largely within the trial court's discretion and su
• Seminole Cnty. v. Faye R. Chandrinos
  816 So. 2d 1241· Fla. 5th DCA· 2002-05-31 ·cited 13×
  Seminole County appeals a trial court's award of expert witness fees to Zook, Moore & Associates and Morris Engineering in an eminent domain proceeding involving property taken from Upsala Presbyterian Church. The Fifth District Court of Appeal reverses and remands, finding that
• Diginet v. W. Union ATS
  958 F.2d 1388· 7th Cir.· 1992-03-09 ·cited 13×
  The court should certify issues of state law to the Illinois Supreme Court rather than deciding them itself.
• Wendy's Int'l, Inc. v. The City OF Birmingham
  868 F.2d 433· 11th Cir.· 1989-03-24 ·cited 13×
  The court held that the landowners' suit did not present a justiciable controversy because no actual taking of property or palpable threat of condemnation had occurred, making the dispute too speculative for federal court jurisdiction.
• Striton Props., Inc. v. The City OF Jacksonville Beach
  533 So. 2d 1174· Fla. 1st DCA· 1988-09-09 ·cited 13×
  Striton Properties appeals the dismissal of its complaint challenging the City of Jacksonville Beach's refusal to execute a development agreement for a community redevelopment project. The court affirmed the dismissal, holding that the City retained explicit contractual and statu
• City OF ST. Petersburg v. Wall
  475 So. 2d 662· Fla.· 1985-06-20 ·cited 13×
  The Florida Supreme Court resolved a conflict between two district court decisions regarding whether a municipality can be held liable for damages caused by an automatic stay of a trial court judgment in an unsuccessful eminent domain action. The Court held that while a city cann
• LEE Cnty. v. T & H Assocs., Ltd.
  395 So. 2d 557· Fla. 2d DCA· 1981-02-11 ·cited 13×
  Lee County condemned 19.8 acres of leased land for a sewage facility, taking immature Jubilee watermelon crops planted by the lessees Biggar and Kelly. The court awarded the lessees $99,400 for the value of their leasehold interest based on prospective crop yield and market condi
• M. Lucius Walker et ux. v. City OF Jacksonville
  360 So. 2d 52· Fla. 1st DCA· 1978-06-26 ·cited 13×
  The Walkers appealed from a trial court order declaring that Glover owned a parcel of land in dispute and that they had no interest in it. The court reversed, holding that a purported warranty deed executed by the Walkers lacked the required two subscribing witnesses under Florid
• Plains Elec. Generation & Transmission Coop., Inc. v. Pueblo OF Laguna & United States
  542 F.2d 1375· 10th Cir.· 1976-10-15 ·cited 13×·via Power Of Eminent Domain
  The dissenting judge would affirm the trial court's decision, disagreeing with the majority's interpretation of statutory repeal.
• Sec. Life & Accident Ins. Co. v. United States
  357 F.2d 145· 5th Cir.· 1966-02-25 ·cited 13×
  The United States, by holding over after its lease expired and the landlord elected to treat it as a renewal, became a holdover tenant, precluding the government from acquiring the same leasehold interest through eminent domain.
• Alicot v. Dade Cnty.
  132 So. 2d 302· Fla. 3d DCA· 1961-07-31 ·cited 13×
  The court held that the trial judge did not abuse discretion by instructing the jury to resume deliberations after a poll revealed a non-unanimous verdict, and by denying motions for mistrial and new trial.
• Feltz et ux. v. Cent. Neb. Pub. Power & Irrigation Dist.
  124 F.2d 578· 8th Cir.· 1942-01-15 ·cited 13×
  The court held that the federal district court had jurisdiction to condemn land for a relocated highway necessary for a public power project and that interest should not be awarded when the condemnor appeals an appraiser's award and the jury verdict is less than that award.
• United States ex rel. & for Use of Tenn. Valley Auth. v. Powelson
  118 F.2d 79· 4th Cir.· 1941-03-10 ·cited 13×
  The court held that the trial court erred in awarding $100,000 in severance damages for transmission lines, as this was covered by a prior agreement, and affirmed the remaining award.
• Walton Land & Timber Co. v. Long
  135 Fla. 843· Fla.· 1939-01-20 ·cited 13×
  Walton Land & Timber Company sold standing timber rights on the Claroy tract to J.H. Long through an assignment chain, but the land had been condemned by the federal government before the sale, preventing Long from harvesting the timber. The Florida Supreme Court held that an imp
• Paran Moody et ux. v. The Jacksonville
  20 Fla. 597· Fla.· 1884-01-01 ·cited 13×
  The Florida Supreme Court held that a railroad company cannot appropriate a landowner's property for construction without prior legislative authorization for eminent domain and without ensuring just compensation before taking possession. The court invalidated the statutory provis
• Patchen v. Fla. Dep't of Agric. & Consumer Servs.
  906 So. 2d 1005· Fla.· 2005-04-14 ·cited 12×
  The Florida Supreme Court held that the Department of Agriculture's destruction of healthy residential citrus trees within a 1900-foot radius of infected trees does not preclude homeowners from recovering compensation under a 2002 statutory remedial scheme, distinguishing this ca
• Davis v. S. Fla. Water Mgmt. Dist.
  715 So. 2d 996· Fla. 4th DCA· 1998-07-08 ·cited 12×
  The court held that the admission of discounted cash flow evidence and the testimony of a non-appraiser witness were proper, and that improper remarks by opposing counsel during closing arguments did not constitute reversible error.
• Brevard Cnty. v. Canaveral Props., Inc.
  696 So. 2d 1244· Fla. 5th DCA· 1997-06-20 ·cited 12×
  The appellate attorney fee award was excessive and unreasonable due to duplicate services performed by multiple attorneys for the same client.
• LEE Cnty. v. Barnett Banks, Inc.
  711 So. 2d 34· Fla. 2d DCA· 1997-03-12 ·cited 12×
  The court held that expert testimony on the legal interpretation of a statute is inadmissible, and therefore, the expert witness fee award was reversed.
• Basic Energy Corp. v. Hamilton Cnty.
  652 So. 2d 1237· Fla. 1st DCA· 1995-04-06 ·cited 12×
  This case concerns whether a city can use its eminent domain power to acquire property for the purpose of donating it to the state for a state prison. The court held that the city's stated purpose was not a valid municipal purpose, as the benefit was not specific to the city's in
• Solid Waste Auth. of Palm Beach Cnty. v. Parker
  622 So. 2d 1010· Fla. 4th DCA· 1993-05-19 ·cited 12×
  The Solid Waste Authority of Palm Beach County appeals an attorney's fee award of $1,784,750 in an eminent domain proceeding, contending the trial court erred by including contingency risk factors in calculating the fee. The appellate court reverses, holding that under Florida la
• Fla. Inland Navigation Dist. v. Humphrys
  616 So. 2d 494· Fla. 5th DCA· 1993-03-12 ·cited 12×
  Florida Inland Navigation District appeals an attorney's fees award of $347,800 in an eminent domain proceeding. The appellate court affirmed the trial court's application of section 73.092 and the benefits-based approach to calculating fees, but reversed and reduced the award by
• Schick v. Fla. Dep't OF Agric. & Consumer Servs. & Doyle Conner
  586 So. 2d 452· Fla. 1st DCA· 1991-09-18 ·cited 12×
  Appellants sought attorney's fees for services rendered in a mandamus action to enforce a final inverse condemnation judgment against the Florida Department of Agriculture. The court held that attorney's fees for mandamus proceedings ancillary to condemnation actions are recovera
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  911 F.2d 1331· 9th Cir.· 1990-08-09 ·cited 12×
  Plaintiffs cannot state a claim for relief because the court-imposed injunction, not the 1984 Plan, prevented them from building.
• Sweeting v. Foy Hammons, Jr.
  521 So. 2d 226· Fla. 3d DCA· 1988-02-23 ·cited 12×
  A tenant's bar fixtures installed in a leased building were condemned by Dade County. The court held that trade fixtures installed by a tenant for business purposes remain the tenant's property and are not automatically transferred to the landlord under a standard lease provision