Eminent Domain

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

• State v. Lakewood Travel Park, Inc.
  580 So. 2d 230· Fla. 4th DCA· 1991-05-08 ·cited 11×
  In this inverse condemnation case, the Florida Department of Transportation appeals a judgment requiring it to institute condemnation proceedings against Lakewood Travel Park. The court held that DOT's construction of Interstate 595 substantially diminished the property's right o
• Nat'l Wildlife Fed'n v. Interstate Commerce Comm'n & United States
  850 F.2d 694· D.C. Cir.· 1988-06-10 ·cited 11×
  The court held that the ICC's interpretation of § 8(d) to allow only voluntary transfers of railroad rights-of-way was reasonable, but remanded the case to reconsider whether the application of its rules constitutes a taking of reversionary interests without just compensation.
• Randolph Cnty. v. Ala. Power Co.
  784 F.2d 1067· 11th Cir.· 1986-03-18 ·cited 11×
  The court held that the county failed to present evidence of reliance on alleged misrepresentations of law, and that public entities cannot sue under 42 U.S.C. § 1983.
• Storer Cable T.V. OF Fla., Inc. v. Summerwinds Apts. Assocs., Ltd.
  493 So. 2d 417· Fla.· 1986-03-13 ·cited 11×
  The Florida Supreme Court held that a statute requiring landlords to permit cable television companies to install equipment on apartment-complex property constitutes an unconstitutional taking of property without just compensation under both state and federal constitutions, follo
• Morton P. MacLEOD v. Cnty. OF Santa Clara
  749 F.2d 541· 9th Cir.· 1984-12-10 ·cited 11×
  The denial of a permit to harvest timber did not constitute a compensable taking because it did not interfere with the primary uses or investment-backed expectations of the property, even if it prevented the 'highest and best use'.
• Falls Riverway Realty, Inc. v. The City OF Niagara Falls
  732 F.2d 38· 2d Cir.· 1984-04-09 ·cited 11×
  A property owner is entitled to compensation for unsuitable access resulting from a public project, even without a direct taking of their property, and the suitability of access is a factual question rarely resolved by summary judgment.
• Fountain v. City OF Jacksonville
  447 So. 2d 353· Fla. 1st DCA· 1984-03-08 ·cited 11×
  The Fountains challenged Jacksonville's Air Installation Compatible Use Zone (AICUZ) ordinance that restricted residential development near Cecil Field naval air station. The court reversed the lower court's partial invalidation, holding the entire ordinance void because the city
• Pinellas Cnty. v. Brown
  420 So. 2d 308· Fla. 2d DCA· 1982-07-07 ·cited 11×
  Pinellas County denied a building permit to landowners Brown and Hughes for a use permitted by the existing zoning ordinance, citing a conflict with the county's comprehensive land use plan. The court reversed a damages judgment, holding that the county's temporary denial of the
• State v. Scott
  418 So. 2d 1032· Fla. 2d DCA· 1982-07-02 ·cited 11×
  A dispute over rent between a landlord and a government tenant after a lease termination, where the government continues to occupy the premises during negotiations, does not constitute a constitutional taking.
• Henderson Sign Serv. v. Dep't OF Transp.
  390 So. 2d 159· Fla. 1st DCA· 1980-11-19 ·cited 11×
  Henderson Sign Service and Arrowhead Campsites appealed Department of Transportation orders requiring removal of advertising signs located adjacent to Interstate 10 that violated Florida's 660-foot setback requirements for signs near interstate highways. The court affirmed the re
• Denmark v. State of Fla. Dep't OF Transp.
  389 So. 2d 201· Fla.· 1980-07-10 ·cited 11×
  A condemnee is entitled to appellate attorney fees even when the condemnor prevails on appeal, as provided by statute.
• Wilkerson v. Division OF Administration
  319 So. 2d 585· Fla. 2d DCA· 1975-10-03 ·cited 11×
  In a condemnation proceeding for a quick taking, the court held that the condemning authority, not the property owners, bears the burden of proving the land's value. The trial judge's erroneous instruction to the contrary was reversible error requiring a new trial.
• Wilson v. State Rd. Dep't of Fla.
  201 So. 2d 619· Fla. 1st DCA· 1967-08-01 ·cited 11×
  A genuine issue of material fact existed regarding whether the defendants took the plaintiffs' property, and this issue should have been decided by a jury, not by summary judgment.
• Arko Enters., Inc. v. Wood
  185 So. 2d 734· Fla. 1st DCA· 1966-04-05 ·cited 11×
  Arko Enterprises appeals a summary decree awarding plaintiffs their down payment on a purchase contract after the property was condemned via eminent domain before closing. The court reverses, holding that under the doctrine of equitable conversion, the vendees (Jackson and throug
• Abe Stein and Alice N. Stein v. Darby
  126 So. 2d 313· Fla. 1st DCA· 1961-01-24 ·cited 11×
  In this second appeal of a boundary dispute, the Florida District Court of Appeal upheld the constitutionality of Florida Statute Section 704.01(2), which provides a statutory way of necessity allowing landlocked property owners to obtain easements across neighboring property for
• Herr v. City OF ST. Petersburg
  114 So. 2d 171· Fla.· 1959-06-17 ·cited 11×
  The court reviewed a circuit court's reversal of a municipal court conviction for disorderly conduct, focusing on whether the respondents' actions constituted disorderly conduct and if their subsequent resistance to arrest was improper.
• Natural Gas & Appliance Co. v. Marion Cnty.
  58 So.2d 701· Fla.· 1952-04-29 ·cited 11×
  This case addresses whether a business can recover costs for increased insurance premiums or potential relocation expenses as special damages in an eminent domain proceeding. The court held that such costs are speculative and not recoverable.
• Rosenbaum v. State Rd. Dep't & Levy Cnty.
  129 Fla. 723· Fla.· 1937-10-28 ·cited 11×
  This case concerns whether property owners can seek equitable relief, specifically a lien, when a government entity appropriates their land for public use without full payment. The court held that equity is the proper venue to establish such a lien.
• Buncombe Cnty. Comm'rs & Others v. Tommey & Others
  115 U.S. 122· U.S.· 1885-03-02 ·cited 11×
  The Supreme Court held that North Carolina's mechanics' lien law of 1870 did not grant liens to contractors and laborers for work performed or materials furnished in the construction of railroads and their bridges. Because railroads are public highways established primarily for p
• Fla. GAS Transmission Co., LLC. v. City OF Tallahassee
  230 So. 3d 912· Fla. 1st DCA· 2017-10-20 ·cited 10×
  In this eminent domain case, the appellate court granted a writ of certiorari to quash the trial court's denial of a joint motion to continue trial. The court found that both the defendant (who suffered a heart attack) and plaintiff (who had not deposed the defendant) demonstrate
• Gonzalez v. Barrenechea
  170 So. 3d 13· Fla. 3d DCA· 2015-04-29 ·cited 10×
  A homeowner sued his designer for negligent design of an air conditioning system that prevented him from moving into his newly constructed home for 20 months during repairs. The trial court awarded direct damages for the repair costs but denied loss of use damages as too speculat
• LEE Cnty. Elec. Coop., Inc. v. City OF Cape Coral
  159 So. 3d 126· Fla. 2d DCA· 2014-05-23 ·cited 10×
  Lee County Electric Cooperative appeals a declaratory judgment requiring it to pay the costs of relocating its electric lines from a public utility easement when the City of Cape Coral expanded an adjacent road. The court affirmed, holding that under both common law and Florida s
• JEA v. Williams
  978 So. 2d 842· Fla. 1st DCA· 2008-04-03 ·cited 10×
  In this eminent domain case, the JEA appeals the trial court's award of additional attorney's fees to landowners. The court affirmed the award, holding that the JEA's first letter constituted a binding written offer under Florida Statute § 73.092, thereby triggering the landowner
• Corie v. City OF Riviera Beach
  954 So. 2d 68· Fla. 4th DCA· 2007-04-11 ·cited 10×
  The Fourth District Court of Appeal granted a petition for writ of prohibition barring Judge Diana Lewis from presiding over a lawsuit challenging the City of Riviera Beach's eminent domain proceedings, holding that the judge should have disqualified herself because her father ow
• Fla. Water Servs. Corp. v. Utils. Comm'n
  790 So. 2d 501· Fla. 5th DCA· 2001-06-22 ·cited 10×
  Florida Water Services Corporation appeals a quick-take eminent domain order allowing the Utilities Commission to condemn the Sugar Mill water and sewer system. The court affirmed, holding that the Commission's appraisal by a non-licensed engineer was valid, no amendment to the d
• Amoco OIL Co. v. State
  765 So. 2d 111· Fla. 1st DCA· 2000-06-06 ·cited 10×
  Amoco Oil Company appeals a trial court's order denying its motion for supplemental attorney's fees incurred during a post-judgment costs hearing in an eminent domain proceeding brought by FDOT. The court affirmed the denial of supplemental fees because the parties' Stipulated Fi
• State v. Barbara's Creative Jewelry, Inc.
  728 So. 2d 240· Fla. 4th DCA· 1998-06-24 ·cited 10×
  In this eminent domain case, the Florida Department of Transportation sought to take an entire commercial property under section 337.27(2) to avoid higher acquisition costs from a partial taking and associated business damages. The Fourth District Court of Appeal held that the co
• Rollie L. Weese and Henry J. Weese v. Pinellas Cnty.
  668 So. 2d 221· Fla. 2d DCA· 1996-01-31 ·cited 10×
  The court held that the trial court erred in excluding the business damage expert's testimony and the former owner's opinion testimony regarding business damages.
• State v. L.N. Murray
  670 So. 2d 977· Fla. 1st DCA· 1996-01-19 ·cited 10×
  In this eminent domain case, the Department of Transportation appealed a jury award of severance and business damages to restaurant owners whose parking lot was partially taken for road expansion. The court affirmed the exclusion of the Department's cost-to-cure testimony regardi
• State v. Foster F. Burgess
  667 So. 2d 267· Fla. 1st DCA· 1995-09-05 ·cited 10×
  The Department of Environmental Protection appeals a trial court's grant of partial summary judgment finding that DEP's denial of a dredge and fill permit constituted a regulatory taking of Burgess's property. The appellate court reverses, holding that genuine issues of material
• Metro. Dade Cnty. v. Curelli
  511 So. 2d 602· Fla. 3d DCA· 1987-06-02 ·cited 10×
  In an eminent domain proceeding, the Florida Third District Court of Appeal affirmed the trial court's final judgment and cost orders, rejecting property owners' claims for business inventory damages in a total taking and affirming expert appraiser fees awarded to property owners
• State v. Standard OIL Co., Inc.
  510 So. 2d 324· Fla. 2d DCA· 1987-05-22 ·cited 10×
  The Florida Department of Transportation appealed an award of business damages to Chevron in an eminent domain proceeding, arguing that Chevron was not entitled to such damages because its wholesale fuel business lacked the required physical existence at the condemned location. T
• Devon-Aire Villas Homeowners Ass'n v. Americable Assocs., Ltd.
  490 So. 2d 60· Fla. 3d DCA· 1985-12-17 ·cited 10×
  The Florida Third District Court of Appeal held that cable television is not a public utility under Florida law, and therefore a cable television company cannot use utility easements on private property without the owner's consent. The court reversed summary judgment for the cabl
• Cnty. OF Sarasota v. Selva L. Burdette
  479 So. 2d 763· Fla. 2d DCA· 1985-10-23 ·cited 10×
  The court held that a trial court erred in directing a verdict on property value when the jury could have weighed the remaining expert testimony, and erred in granting a new trial based on an expert's testimony that was not founded on a misconception of law.
• Mainer v. Canal Auth. OF the State of Fla.
  467 So. 2d 989· Fla.· 1985-04-18 ·cited 10×
  The Florida Supreme Court held that once a governmental entity acquires land in fee simple through condemnation, purchase, or donation in good faith for a public purpose, the former owner cannot recover the land merely because the intended public use is abandoned or never complet
• Catawba Indian Tribe OF South Carolina v. State OF S.C.
  740 F.2d 305· 4th Cir.· 1984-08-17 ·cited 10×
• Lower Brule Sioux Tribe v. State OF S.D.
  711 F.2d 809· 8th Cir.· 1983-06-27 ·cited 10×
  The court held that neither the Big Bend Act nor the Fort Randall Act disestablished the boundaries of the Lower Brule Reservation, and therefore the Tribe retains jurisdiction over hunting and fishing on the taken lands absent federal regulation.
• United States v. 499.472 Acres OF Land More OR Less IN Brazoria Cnty.
  701 F.2d 545· 5th Cir.· 1983-04-01 ·cited 10×
  The court held that the district court did not abuse its discretion in severing the trial of the sulphur interests from the trial of the surface and salt/LPG interests, despite the general 'unit rule' of valuation in condemnation cases.
• Yachts Am., Inc. v. The United States
  673 F.2d 356· Ct. Cl.· 1982-02-24 ·cited 10×
  The court held that the plaintiff did not effectively exercise its option to purchase the property, which was a prerequisite for its claims regarding business destruction and leasehold termination.
• Urban C. Balbier and Marian A. Balbier v. City OF Deerfield Beach
  408 So. 2d 764· Fla. 4th DCA· 1982-01-13 ·cited 10×
  The court held that the City failed to prove it owned the street right-of-way under Fla. Stat. § 95.361 because its evidence of maintenance was insufficient and it did not comply with statutory map filing requirements.
• Milens OF California v. Richmond Redev. Agency
  665 F.2d 906· 9th Cir.· 1982-01-11 ·cited 10×
  The court held that the district court erred in applying collateral estoppel to determine liability for inverse condemnation, as the issues were not identical to a prior case, and that compensation for a subsequently acquired parcel is not permissible.
• United States v. 38.60 Acres OF Land
  625 F.2d 196· 8th Cir.· 1980-07-07 ·cited 10×
  The court held that claims for impaired drainage and scattering of debris on property outside the flowage easement are not compensable as severance damages in a condemnation action, as they constitute claims for inverse condemnation.
• Gov't of the Virgin Islands v. 19.623 Acres OF Land
  602 F.2d 1130· 3d Cir.· 1979-07-17 ·cited 10×
  The district court has the discretion to award costs, including attorney fees, against the government in Virgin Islands condemnation cases, and the prior denial based on a lack of authority was erroneous.
• Bryant v. Division OF Administration
  355 So. 2d 841· Fla. 1st DCA· 1978-03-01 ·cited 10×
  The court held that the trial court did not err in allowing an engineer to testify regarding construction plans and that a jury instruction requiring a finding of severance damages before awarding business damages was proper under the circumstances.
• Division OF Administration v. Grant Motor Co.
  345 So. 2d 843· Fla. 2d DCA· 1977-05-04 ·cited 10×
  This case addresses whether a property owner in an eminent domain taking can recover attorney's fees and appraiser's costs incurred in an administrative appeal seeking relocation benefits under federal law. The Florida court held that such costs are not recoverable because the re
• Fla. E. Coast Ry. Co. v. City OF Miami
  299 So. 2d 152· Fla. 3d DCA· 1974-09-03 ·cited 10×
  The court held that the trial court abused its discretion by granting a temporary injunction without adequate basis in the complaint or evidence, and by denying the motion to dissolve it.
• Rocca v. The United States
  500 F.2d 492· Ct. Cl.· 1974-07-19 ·cited 10×
  The court held that plaintiffs are not entitled to reimbursement for litigation expenses because the taking was a legislative act by Congress, not by a federal agency, and the conditions for reimbursement under the Uniform Relocation Assistance Act were not met. The court affirme
• Musleh v. Division OF Administration
  299 So. 2d 101· Fla. 1st DCA· 1974-06-06 ·cited 10×
  This case involves an eminent domain proceeding where the court considered the admissibility of a land survey. The appellate court held that the survey, despite showing slightly different dimensions than the legal description, should have been admitted to show the size and locati
• Boca Teeca Corp. v. Palm Beach Cnty.
  291 So. 2d 110· Fla. 4th DCA· 1974-02-28 ·cited 10×
  Palm Beach County used eminent domain to take Boca Teeca Corporation's property for a road right-of-way. The jury awarded compensation that Boca Teeca found inadequate, but the appellate court reversed and remanded for a new trial because a seated juror was an employee of the def
• Transwestern Pipeline Co. v. Kerr-McGEE Corp.
  492 F.2d 878· 10th Cir.· 1974-02-26 ·cited 10×
  The dissenting judge believes Transwestern has the right to condemn Kerr-McGee's leasehold interest for its compressor station.