Eminent Domain

2,187 Florida cases classified under this topic · sorted by citation count

• 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
• 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.
• 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
• 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.
• 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.