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

• Trailer Ranch, Inc. v. City OF Pompano Beach
  500 So. 2d 503· Fla.· 1986-12-24 ·cited 12×
  The Florida Supreme Court held that a condemning authority seeking a permanent underground utility easement is entitled to introduce its plans and specifications into evidence at trial to show the jury the extent and manner of the taking, as such evidence is binding on the condem
• Keystone Bituminous Coal Assn. v. Duncan
  771 F.2d 707· 3d Cir.· 1985-08-26 ·cited 12×
  The court held that Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act, as applied to coal mine operators, does not violate the takings or contract clauses of the Constitution, nor is it an invalid exercise of eminent domain.
• Barron Collier v. City OF Springdale
  733 F.2d 1311· 8th Cir.· 1984-05-08 ·cited 12×
  The court held that the availability of adequate state law mechanisms for compensation precludes a claim under 42 U.S.C. § 1983 for a taking of property for public use.
• Midkiff v. TOM
  725 F.2d 502· 9th Cir.· 1984-02-06 ·cited 12×
  Federal courts may issue injunctions to protect the res judicata effect of their judgments against state actions that disregard them.
• Malone v. Division of Administration
  438 So. 2d 857· Fla. 3d DCA· 1983-09-06 ·cited 12×
  In this eminent domain case, the Florida District Court of Appeal addresses what constitutes compensable "moving costs" when functional industrial machinery is condemned. The court holds that moving costs can include expenses beyond mere physical relocation, such as disassembly,
• United States v. 6
  680 F.2d 396· 5th Cir.· 1982-07-14 ·cited 12×
  The court affirmed the jury's condemnation award, finding no merit in the landowners' claims of bad faith or insufficient evidence, and that the jury was properly instructed.
• United States v. 156.81 Acres OF Land
  671 F.2d 336· 9th Cir.· 1982-03-12 ·cited 12×
  The court held that the entry of a condemnation judgment does not constitute a taking of unimproved property, distinguishing it from improved property.
• Pa. Ave. Dev. Corp. v. ONE Parcel OF Land IN the Dist. OF Columbia
  670 F.2d 289· D.C. Cir.· 1981-12-18 ·cited 12×
  The court held that the lease's condemnation clause did not clearly indicate intent to forfeit the lessee's interest, and that appreciation in property value does not automatically accrue to the lessor under a long-term fixed-rent lease.
• Reubin O'D. Askew v. Sonson
  409 So. 2d 7· Fla.· 1981-07-23 ·cited 12×
  The Florida Supreme Court upheld the application of the Marketable Record Title Act (MRTA) to section sixteen school lands granted to Florida by Congress in 1845. The court held that the MRTA constitutionally extinguishes the state's claim to school lands when a private party hol
• United States v. 162.20 Acres OF Land
  639 F.2d 299· 5th Cir.· 1981-03-13 ·cited 12×
  Noncompliance with the National Historic Preservation Act (NHPA) is not a defense to a condemnation action under the Declaration of Taking Act (DOTA), but a court may withhold possession or enjoin construction pending NHPA compliance.
• United States v. 1
  574 F.2d 238· 5th Cir.· 1978-06-01 ·cited 12×
  Appraisal expenses are part of just compensation under the Fifth Amendment, but expert witness fees are not. The case is remanded to allocate the award between these two categories.
• Taylor v. Tampa Elec. Co.
  356 So. 2d 260· Fla.· 1978-02-16 ·cited 12×
  The Florida Supreme Court held that circuit court clerks may collect commissions on funds disbursed from the court registry to eminent domain defendants in "quick taking" proceedings under Chapter 74, Florida Statutes, but may not collect commissions on funds refunded to the emin
• Bonnet v. Trs. OF Schs. OF Twp. 41 N.
  563 F.2d 831· 7th Cir.· 1977-09-26 ·cited 12×
  The court held that the doctrine of equitable conversion applied, making the contract purchaser an indispensable party and requiring dismissal for lack of diversity jurisdiction.
• De-Tom Enters., Inc. v. The United States
  552 F.2d 337· Ct. Cl.· 1977-03-23 ·cited 12×
  The court held that the Air Force's influence on a local zoning board did not constitute a Fifth Amendment taking of private property, as the plaintiff's property rights and market value remained unchanged.
• United States v. Haddon
  550 F.2d 677· 1st Cir.· 1977-03-02 ·cited 12×
  The United States acquired valid title to the condemned land, and subsequent purchasers cannot challenge the taking based on alleged notice deficiencies, especially when they were not owners at the time of the taking.
• United States v. 158.24 Acres OF Land
  515 F.2d 230· 5th Cir.· 1975-06-30 ·cited 12×
  The court held that the trial court did not err in excluding speculative evidence regarding the highest and best use of the condemned land and in applying the before-and-after measure of damages.
• Jones v. City OF Tallahassee
  304 So. 2d 528· Fla. 1st DCA· 1974-12-05 ·cited 12×
  In an eminent domain proceeding, the City of Tallahassee sought to acquire a permanent easement for electric transmission lines across the appellants' property. The appellate court affirmed the trial court's valuation of the easement at $63,200 (approximately 75% of fee simple va
• State v. Shaw
  303 So. 2d 75· Fla. 1st DCA· 1974-11-19 ·cited 12×
  The court held that the jury verdict in the eminent domain proceeding was binding on the value of the home, entitling Shaws to the replacement housing allowance, and that Shaws were entitled to attorneys' fees for the subsequent suit and appeal.
• King v. The United States
  504 F.2d 1138· Ct. Cl.· 1974-10-23 ·cited 12×
  The court affirmed the trial judge's decision, awarding plaintiffs compensation for flowage easements, interest, and litigation expenses, while dismissing claims for crop damages.
• Reubin O'D. Askew v. Taylor
  299 So. 2d 72· Fla. 1st DCA· 1974-07-25 ·cited 12×·via Power Of Eminent Domain
  The Florida Supreme Court affirmed a trial court order requiring the Trustees of the Internal Improvement Fund to approve a fill permit for submerged land in Lake Worth that had been sold to a riparian owner in 1967. The court held that the State's sale of the land implicitly aut
• Gulf Power Co. v. Stack
  296 So. 2d 572· Fla. 1st DCA· 1974-06-25 ·cited 12×
  Gulf Power Company appealed a circuit court judgment dismissing its eminent domain action and denying its right to condemn property owned by the Stacks and Mayos. The court affirmed, holding that Gulf failed to comply with Florida's mandatory statutory requirement that a condemna
• United States v. 25.02 Acres OF Land
  495 F.2d 1398· 10th Cir.· 1974-04-29 ·cited 12×
  The court held that the trial court did not abuse its discretion in quashing a subpoena for an expert witness's prior appraisal reports prepared for private landowners, as disclosure could prejudice those non-party landowners.
• City OF Miami Beach v. Cummings
  266 So. 2d 122· Fla. 3d DCA· 1972-06-20 ·cited 12×
  The City of Miami Beach appealed a trial court's dismissal of its fourth eminent domain action against the Cummings to acquire their property for a park, based on findings of bad faith abandonment of prior condemnation proceedings and default on a prior jury award. The appellate
• United States v. 412.93 Acres OF Land
  455 F.2d 1242· 3d Cir.· 1972-02-08 ·cited 12×
  The court held that the trial judge did not abuse his discretion in consolidating eminent domain trials, refusing to allow deposition of the government's appraiser, and excluding evidence of the appraiser's contract with the government.
• Walters v. The State Rd. Dep't of Fla.
  239 So. 2d 878· Fla. 1st DCA· 1970-09-17 ·cited 12×
  Landowners appealed from a jury verdict in a condemnation proceeding, challenging the admissibility of the State Road Department's appraiser testimony regarding property value. The court held that the appraiser's valuation methodology was so speculative and conjectural, based on
• City OF Miami Beach v. Jonathon Corp.
  238 So. 2d 516· Fla. 3d DCA· 1970-08-11 ·cited 12×
  The court held that the pendency of eminent domain proceedings created a genuine issue of material fact regarding the city's decision to deny a building permit, making summary judgment improper. However, issues regarding standing and exhaustion of administrative remedies were cor
• Ballard Fish & Oyster Co., Inc. v. Glaser Constr. Co., Inc.
  424 F.2d 473· 4th Cir.· 1970-04-15 ·cited 12×
  The court held that a claim alleging a violation of the Fourteenth Amendment's just compensation clause, arising from a public service corporation's unauthorized taking of private property for a pipeline, presents a federal question sufficient for federal court jurisdiction.
• United States v. 339.77 Acres OF Land
  420 F.2d 324· 8th Cir.· 1970-01-08 ·cited 12×
  The court affirmed the jury's award of just compensation but modified the judgment to correct the interest calculation date.
• The Canal Auth. of the State of Fla. v. Miller
  230 So. 2d 193· Fla. 1st DCA· 1969-12-30 ·cited 12×
  The Canal Authority appealed a trial court's refusal to enter a supplemental order of taking for fee simple title to land needed for the Cross-Florida Barge Canal, arguing it had broad discretion to determine what estate was necessary. The court affirmed, holding that while conde
• Garrett v. United States
  407 F.2d 146· 8th Cir.· 1969-02-12 ·cited 12×
  The court affirmed the district court's judgments, finding that the taking of a fee simple included lesser interests like gravel leases and that earlier rulings on waste and boundary disputes were factually supported and properly decided.
• Amen Wardy v. United States
  402 F.2d 762· 5th Cir.· 1968-10-25 ·cited 12×
  The court held that the trial court correctly determined that the condemned land was likely within the scope of the Chamizal Project as of July 18, 1963, and properly excluded evidence of the price paid by the appellants for the land.
• Gov't OF the Virgin Islands v. 2.6912 Acres OF Land
  396 F.2d 3· 3d Cir.· 1968-06-13 ·cited 12×
  The court held that the Commissioners' reports did not adequately reveal their reasoning, failing to meet the requirements of United States v. Merz.
• Northcutt v. State Rd. Dep't of Fla.
  209 So. 2d 710· Fla. 3d DCA· 1968-04-23 ·cited 12×
  The Northcutts appealed the dismissal of their inverse condemnation complaint against the State Road Department, alleging that construction and operation of an interstate highway and access roads nearby caused structural damage and noise/vibration injuries to their residential pr
• United States v. Trout
  386 F.2d 216· 5th Cir.· 1967-12-04 ·cited 12×
  The court held that the commission's finding of no special benefits was not supported by adequate explanation, requiring a remand for further proceedings.
• United States v. Certain Parcels OF Land Located IN Fairfax AND Loudoun Counties
  384 F.2d 677· 4th Cir.· 1967-10-20 ·cited 12×
  The court affirmed the award of severance damages, finding the commission's report sufficiently specific and the commissioner's qualifications proper.
• United States v. First Pyramid Life Ins. Co. of Am.
  382 F.2d 804· 8th Cir.· 1967-10-03 ·cited 12×
  The court held that the government is not required to pay for enhancement in property value caused by a project if the property was probably within the scope of the project from its inception.
• (1) Jake Klein v. The United States
  375 F.2d 825· Ct. Cl.· 1967-04-14 ·cited 12×
  The court held that plaintiffs have no cause of action for the 'taking' of gravel contracts because the contracts themselves were not taken, but merely frustrated by the government's lawful action. Compensation for the gravel deposits as part of the land was for the district cour
• City OF Sarasota v. Leonard L. Burch et ux.
  192 So. 2d 9· Fla. 2d DCA· 1966-11-04 ·cited 12×
  The court held that Florida Statutes Chapter 74, governing eminent domain proceedings, explicitly exempts funds deposited in the court registry from clerk's commissions or poundage, overriding the general provision in Section 28.24.
• Biggs Rental Co. v. The United States
  353 F.2d 1013· Ct. Cl.· 1965-12-17 ·cited 12×
  The court held that the government's actions did not constitute a taking of the plaintiff's property, as there was no intent to take the property and the plaintiff failed to prove damages or entitlement to rent.
• United States v. Eden Mem'l Park Ass'n
  350 F.2d 933· 9th Cir.· 1965-09-22 ·cited 12×
  The court held that the trial court did not err in admitting evidence of income capitalization for valuation and in rejecting evidence for valuing unzoned land as if zoned for cemetery purposes.
• Winston v. United States
  342 F.2d 715· 9th Cir.· 1965-03-02 ·cited 12×
  The court held that the trial court did not err in its comments to the jury, its exclusion of certain evidence, or its submission of issues to the jury, and that the jury's award was supported by competent evidence.
• Hyman Soclof and Ida Soclof v. State Rd. Dep't of Fla.
  169 So. 2d 510· Fla. 1st DCA· 1964-12-03 ·cited 12×
  In this eminent domain case, property owners sought compensation not only for the taking of their land but also for damages to their junk business operated by a corporation they owned. The court held that the property owners, as majority stockholders, could not claim business dam
• United States v. Arison Agee
  322 F.2d 139· 6th Cir.· 1963-08-30 ·cited 12×
  The court held that while judicial review of administrative decisions in eminent domain is narrow, it is permissible to review for bad faith, and the District Court correctly found no bad faith in the taking of the entire tract.
• Harwell v. United States
  316 F.2d 791· 10th Cir.· 1963-04-11 ·cited 12×
  The court held that the acquisition of land for construction materials was a public use, and the exclusion of certain engineer reports was harmless error.
• Pub. Util. Dist. NO. 1 OF Pend Oreille Cnty. v. Fed. Power Comm'n
  308 F.2d 318· D.C. Cir.· 1962-08-30 ·cited 12×
  The court held that alleged violations of conflict of interest statutes do not automatically void a license grant, and state laws cannot prevent a federal licensee from exercising federally granted eminent domain powers.
• Eustas M. Bainbridge (also known as Eustis M. Bainbridge) and Dora M. Bainbridge v. State Rd. Dep't of Fla.
  139 So. 2d 714· Fla. 1st DCA· 1962-04-12 ·cited 12×
  Landowners Bainbridge appealed from a final judgment in an eminent domain proceeding where a jury awarded just compensation of $14,335 for a 17-foot strip of land, which was less than the $16,891.50 deposited by the State Road Department. The court rejected the landowners' argume
• Seaside Props., Inc. v. State Rd. Dep't of the State of Fla. & Monroe Cnty.
  121 So. 2d 204· Fla. 3d DCA· 1960-06-06 ·cited 12×
  Seaside Properties appealed dismissal of its suit to quiet title against the State Road Department regarding an abandoned state road in Monroe County. The court affirmed dismissal, holding that sovereign immunity barred the suit because the state had not actually invaded or taken
• State Rd. Dep't OF Fla. v. COX
  118 So. 2d 668· Fla. 3d DCA· 1960-03-10 ·cited 12×
  The State Road Department appealed from a final judgment in an eminent domain proceeding and from an order granting a new trial conditioned on payment of increased attorney fees. The court reversed the new trial order, holding that trial courts lack power to condition denial of a
• Hijos v. Feliciano
  260 F.2d 500· 1st Cir.· 1958-10-31 ·cited 12×
  The court held that the appellant's claimed right of reversion was extinguished by subsequent legislation and was not a protected property right under the Treaty of Paris.
• August M. Carmazi and Lester M. Muhn v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  104 So. 2d 727· Fla.· 1958-07-18 ·cited 12×
  Property owners challenged a decree finding they had no property rights that would be impaired by construction of a flood control dam across Little River. The Florida Supreme Court dismissed the appeal on jurisdictional grounds, holding that the lower court's decision involved de