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

• United States v. 320.0 Acres OF Land
  605 F.2d 762· 5th Cir.· 1979-10-31 ·cited 64×
  The court held that the trial court's pre-trial rulings, which excluded evidence of post-1958 sales within the park and evidence of potential or existing cabin construction, were erroneous and deprived landowners of due process.
• Mrs. Grace Weir v. Palm Beach Cnty.
  85 So. 2d 865· Fla.· 1956-03-07 ·cited 64×
  Property owner appeals dismissal of her complaint seeking compensation for damages caused by highway construction work, including loss of lateral support, impaired access, and loss of view. The Florida Supreme Court affirmed the dismissal, holding that interference with these con
• United States v. Becktold Co.
  129 F.2d 473· 8th Cir.· 1942-07-13 ·cited 64×
  The court held that heavy machinery and equipment installed in a building for a permanent business operation, under Missouri law, constitute part of the realty and must be included in the condemnation compensation. The court also held that evidence of reproduction cost less depre
• Reid v. United States
  715 F.2d 1148· 7th Cir.· 1983-08-16 ·cited 63×
  The court held that the actions were barred by sovereign immunity, improperly filed in state court, and that the sole remedy was an action under the Tucker Act, affirming the district courts' dismissal orders.
• Dep't OF Agric. & Consumer Servs. v. Polk
  568 So. 2d 35· Fla.· 1990-09-27 ·cited 62×
  The Florida Supreme Court held that the Department of Agriculture's destruction of nearly all citrus trees at Polk's nursery constituted a taking requiring just compensation, except for trees showing disease symptoms and those within 125 feet thereof. The court reversed the damag
• Fla. Power Corp. v. McNEELY
  125 So. 2d 311· Fla. 2d DCA· 1960-12-02 ·cited 62×
  Florida Power Corporation appealed a lower court decree requiring it to compensate property owners for an easement used for transmission lines since 1939. The court held that the corporation's use constituted adverse user (not adverse possession) of an incorporeal easement requir
• State v. Fla. State Tpk. Auth.
  80 So. 2d 337· Fla.· 1955-05-11 ·cited 62×
  Florida State Turnpike Authority sought validation of bonds to finance construction of a partial turnpike segment in South Florida. The Supreme Court upheld the circuit court's validation decree, rejecting various constitutional and statutory challenges to the Turnpike Authority'
• Selden v. City of Jacksonville
  28 Fla. 558· Fla.· 1891-06-01 ·cited 62×
  Selden sued Jacksonville to enjoin construction of a viaduct that would raise the street grade, cutting off access to his property. The Florida Supreme Court held that a municipality may change a street grade without compensating abutting owners for mere consequential damages to
• United States v. 25.406 Acres OF Land
  172 F.2d 990· 4th Cir.· 1949-02-21 ·cited 60×
  The court held that expert witnesses in a condemnation suit may testify to estimated income from a planned development and comparable sales, as these factors influence market value.
• Dep't of Agric. & Consumer Servs. v. Bonanno
  568 So. 2d 24· Fla.· 1990-09-27 ·cited 58×
  The Florida Supreme Court upheld Chapter 89-91, which established an administrative remedy and compensation schedule for citrus growers whose plants were destroyed during a state-mandated citrus canker eradication program. The Court rejected constitutional challenges to the statu
• United States v. 243.22 Acres OF Land IN Town OF Babylon
  129 F.2d 678· 2d Cir.· 1942-06-26 ·cited 58×
  The court held that the appeal from the condemnation judgment was timely and properly before the court, but the appeal from the order regarding compensation determination was interlocutory and dismissed. The court also found no error in denying the bill of particulars, excluding
• State v. Nassau P'rs, Ltd.
  878 So. 2d 1286· Fla. 1st DCA· 2004-08-10 ·cited 57×
  The court held that attorney fees incurred in litigating entitlement to costs are authorized in supplemental proceedings, but the lower court erred by failing to make specific findings justifying expert witness fee awards as required by statute.
• Chernick v. The United States
  372 F.2d 492· Ct. Cl.· 1967-02-17 ·cited 57×
  The court held that the government contracting officer should have known of the bidder's mathematical error in the bid due to a misplaced decimal, and thus the bidder is entitled to a correction of the rental rate.
• State Rd. Dep't of Fla. v. Chicone
  158 So. 2d 753· Fla.· 1963-12-09 ·cited 57×
  The Florida Supreme Court held that in eminent domain proceedings, property compensation must be measured by fair market value unaffected by the depressing effect of the threat of condemnation itself, distinguishing between anticipated benefits/harms from the proposed public impr
• Shell v. State Rd. Dep't of Fla.
  135 So. 2d 857· Fla.· 1961-11-29 ·cited 57×
  In this eminent domain proceeding, the Florida Supreme Court held that the State Road Department must disclose expert appraisals, surveys, and other valuation documents to the property owner before trial, rejecting the work product privilege as applied to condemnation cases. The
• City OF Tampa v. The Tex. Co.
  107 So. 2d 216· Fla. 2d DCA· 1958-06-13 ·cited 57×
  The City of Tampa appeals a condemnation award for taking small corner parcels of property containing filling stations. The court addresses two novel questions: whether property owners can recover consequential damages from public improvements on separate public land, and whether
• State of Fla. Dep't OF Transp. v. Stubbs
  285 So. 2d 1· Fla.· 1973-06-27 ·cited 56×
  The Florida Supreme Court affirmed the District Court's reversal of a trial court's exclusion of severance damages evidence in a condemnation case where the state's construction of Interstate 295 placed the Stubbs' property in a cul-de-sac by rerouting access via an overpass. The
• Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.
  443 F.2d 867· 2d Cir.· 1971-05-04 ·cited 56×
  The court held that a preliminary injunction should not have been granted because the patent's validity was not beyond question, and the lower court applied an incorrect standard. However, the court reviewed the merits and found the patent likely valid and infringed, but still re
• The United States v. The N. Paiute Nation
  393 F.2d 786· Ct. Cl.· 1968-04-19 ·cited 56×
  The Court of Claims held that the amended petition related back to the original timely petition, and that the Northern Paiute Nation, as an identifiable group, could represent the Mono band's claims for uncompensated taking of aboriginal lands, including subsurface mineral rights
• Lewis v. Leon Cnty.
  91 Fla. 118· Fla.· 1926-01-23 ·cited 55×
  The Florida Supreme Court upheld the validation of $1.5 million in bonds issued by Leon County to construct and aid in the construction of hard-surfaced highways, including state roads, against taxpayer challenges. The court held that county aid to state road construction within
• Progress Dev. Corp. v. Mitchell
  286 F.2d 222· 7th Cir.· 1961-01-04 ·cited 54×
  The court held that the trial court did not abuse its discretion in denying preliminary injunctive relief, but erred in dismissing certain counts of the complaint and dismissing one of the plaintiffs.
• Bd. OF Comm'rs OF State Insts. v. Tallahassee Bank & Tr. Co. cum testamento annexo
  108 So. 2d 74· Fla. 1st DCA· 1958-12-23 ·cited 54×
  In a condemnation proceeding, the State Board of Commissioners sought to acquire five parcels in Tallahassee's Capitol Center area for expansion purposes. The property owners challenged application of a municipal zoning ordinance that restricted the land to residential use, argui
• Atl. Coast Line R. Co. v. United States
  132 F.2d 959· 5th Cir.· 1943-01-13 ·cited 54×
  The court held that the exclusion of the real estate agent's testimony regarding the land's value for industrial purposes was an error, and that evidence of speculative value for undeveloped land should be considered by the jury.
• Seaboard Air Line Ry. Co. v. Dorsey
  111 Fla. 22· Fla.· 1932-11-29 ·cited 54×
  Seaboard Air Line Railway negotiated for a passenger station site by accepting Dorsey's tender to dedicate a 35-foot strip of land in exchange for building and maintaining a station. After the railway invested over $281,000 in construction and improved the strip, Dorsey brought a
• Division of Administration v. Cap. Plaza, Inc.
  397 So. 2d 682· Fla.· 1981-04-16 ·cited 53×
  The Florida Supreme Court held that property owners have no compensable interest in traffic flow and therefore cannot recover severance damages when road construction merely redirects traffic patterns rather than physically taking land or directly impairing access. The court quas
• Jacksonville Terminal Co. v. Blanshard
  77 Fla. 855· Fla.· 1919-06-09 ·cited 53×
  Jacksonville Terminal Company sought to condemn property in Duval County but dismissed the condemnation proceedings before trial. The defendants moved for taxation of costs including attorney's fees to be assessed by a jury. The Florida Supreme Court held that attorney's fees in
• Haire v. Fla. Dep't OF Agric. & Consumer Servs.
  870 So. 2d 774· Fla.· 2004-02-12 ·cited 52×
  The Florida Supreme Court upheld the constitutionality of the Citrus Canker Eradication Law, which authorizes the Department of Agriculture to destroy healthy citrus trees within 1,900 feet of infected trees. The Court held that the statute is a valid exercise of the State's poli
• Cloutier v. The Town OF Epping
  714 F.2d 1184· 1st Cir.· 1983-08-05 ·cited 52×
  The court affirmed the dismissal of the federal claims, finding that while jurisdiction might not have been entirely lacking, the claims either failed to state a federal question or were barred by immunity, and that summary judgment was appropriate on the merits.
• Behm v. Division OF Administration
  336 So. 2d 579· Fla.· 1976-07-08 ·cited 52×·via Eminent Domain Proceedings
  The Florida Supreme Court clarified the latitude a jury has in awarding compensation for business damages in eminent domain proceedings when only one expert witness testifies on a particular damage element. The court held that juries need not accept an expert's valuation as a min
• POE v. State Rd. Dep't of Fla.
  127 So. 2d 898· Fla. 1st DCA· 1961-03-07 ·cited 52×
  A landowner sought relief after a highway reconstruction project diverted surface waters onto his property, causing recurring flooding. The Florida District Court of Appeal affirmed dismissal based on res adjudicata, holding that the landowner's claims for consequential damages w
• United States v. Leavell & Ponder, Inc.
  286 F.2d 398· 5th Cir.· 1961-01-23 ·cited 52×
  The court held that the commission's valuation was improper because it relied on an exchange sale without sufficient proof of the exchanged property's value and used unrealistic capitalization rates and improper considerations of income tax.
• THE Bd. OF Pub. Instruction OF Dade Cnty. v. Town OF BAY Harbor Islands
  81 So. 2d 637· Fla.· 1955-04-29 ·cited 52×
  The Florida Supreme Court held that restrictive covenants limiting land use to residential purposes do not constitute compensable property rights when the land is acquired for public use, even if the public use violates the restrictions. The court reversed the lower court's injun
• United States v. Waymire
  202 F.2d 550· 10th Cir.· 1953-02-28 ·cited 52×
• Meyers v. City OF Daytona Beach
  158 Fla. 859· Fla.· 1947-05-06 ·cited 52×
  A jury award in a condemnation proceeding cannot be less than the lowest figure testified to by any witness, as it must provide full compensation.
• Houston Tex. GAS & OIL Corp. v. Hoeffner
  132 So. 2d 38· Fla. 2d DCA· 1961-06-30 ·cited 51×
  The court held that the trial judge did not abuse his discretion in refusing to allow the condemnor to amend its petition late in the proceedings or in refusing to admit evidence regarding the condemnor's non-binding policy on land use.
• Williams C. Hall and Jean G. Hall v. City OF Santa Barbara
  833 F.2d 1270· 9th Cir.· 1986-08-22 ·cited 50×
  The panel opinion incorrectly held that a city rent control ordinance constituted a physical taking compensable under the Fifth and Fourteenth Amendments.
• Edwards v. Habib
  397 F.2d 687· D.C. Cir.· 1968-05-17 ·cited 50×
• United States v. 5139.5 Acres OF Land
  200 F.2d 659· 4th Cir.· 1952-12-31 ·cited 50×
  The court held that the exclusion of evidence regarding prior sales of timber and the exclusion of an expert witness's testimony about sales of similar lands constituted prejudicial error.
• United States v. Sunset Cemetery Co.
  132 F.2d 163· 7th Cir.· 1942-12-05 ·cited 50×
  The court held that once title vests in the United States through a declaration of taking, it cannot be divested by a subsequent amendment to exclude property already seized.
• Duval Eng'g & Contracting Co. v. Louis M. Sales & Susan G. Sales
  77 So. 2d 431· Fla.· 1954-12-03 ·cited 49×
  The Florida Supreme Court held that riparian property owners who failed to comply with statutory conditions to acquire fee simple title to submerged lands could not recover compensation when the state subsequently exercised authority over those lands to construct a bridge. The Co
• United States v. Honolulu Plantation Co.
  182 F.2d 172· 9th Cir.· 1950-04-24 ·cited 49×
  A lessee cannot claim severance damages for condemned land in which they have no legal interest, especially when lease agreements explicitly reserve all condemnation compensation to the lessor.
• Doty v. City of Jacksonville
  106 Fla. 1· Fla.· 1932-06-14 ·cited 49×
  In this condemnation proceeding, the Florida Supreme Court reversed a judgment awarding damages to a property owner whose land was being taken for street widening, finding multiple trial errors including exclusion of relevant evidence about street grade, improper argument to the
• Zuberbuhler v. Division OF Administration
  344 So. 2d 1304· Fla. 2d DCA· 1977-04-20 ·cited 48×·via Eminent Domain Proceedings
  A condemnation case where the court holds that discovery of expert witness opinions expected to be called at trial is permissible under Rule 1.280(b)(3)(A), even when initiated by the condemnor without prior discovery by the condemnee. The court distinguishes and limits the holdi
• Wilson v. United States
  350 F.2d 901· 10th Cir.· 1965-09-01 ·cited 48×
  The court held that a commission's findings in a condemnation case are binding on the trial court unless clearly erroneous, and that taking more land than strictly necessary for a public use is permissible if done within authorized discretion and without bad faith.
• Eyherabide v. The United States
  345 F.2d 565· Ct. Cl.· 1965-05-14 ·cited 48×
  The majority holds the defendant responsible for the destruction of structures on the plaintiffs' ranch, despite uncertainty about the direct cause, and also finds the defendant liable for imposing a servitude on the land.
• Westchester Cnty. Park Comm'n v. United States
  143 F.2d 688· 2d Cir.· 1944-06-05 ·cited 48×
  The court held that the trial court's valuation was supported by substantial evidence and that any procedural errors in admitting testimony were harmless.
• The Bd. of Cnty. Comm'rs of Pinellas Cnty. v. Herrick
  123 Fla. 619· Fla.· 1936-01-01 ·cited 48×
  Pinellas County taxpayer Herrick challenged the Board of County Commissioners' resolution authorizing $179,000 in water revenue certificates as unconstitutional bonds requiring voter approval. The Florida Supreme Court held the revenue certificates are self-liquidating debentures
• Tosohatchee Game Preserve v. Cent. & S. Fla. Flood Control Dist.
  265 So. 2d 681· Fla.· 1972-07-26 ·cited 47×
  The Florida Supreme Court held that a petition for condemnation must be accompanied by an authorizing resolution adopted prior to initiating the eminent domain action, and that a resolution adopted after filing the suit cannot cure the deficiency. The court also reversed the Dist
• Fla. Dep't of Agric. & Consumer Servs. v. John M. and Patricia A. Haire
  836 So. 2d 1040· Fla. 4th DCA· 2003-01-15 ·cited 46×
  The Florida Department of Agriculture appeals a temporary injunction declaring the 2002 Citrus Canker Law amendments unconstitutional and prohibiting warrantless searches of private property. The court holds that the 1900-foot tree destruction requirement is constitutional but th
• United States v. 79.95 Acres OF Land
  459 F.2d 185· 10th Cir.· 1972-04-24 ·cited 46×
  The court should have allowed consideration of well plugging costs' influence on market value if not remote or speculative.