Eminent Domain

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

• City OF Miami v. Fla. E. Coast Ry. Co.
  286 So. 2d 247· Fla. 3d DCA· 1973-11-27 ·cited 10×
  The City of Miami sought to condemn approximately 32 acres of Florida East Coast Railway Company property on Biscayne Bay for park purposes. The trial court applied the prior use doctrine to shield portions of the property from condemnation because they were used for public purpo
• Johnson v. The United States
  479 F.2d 1383· Ct. Cl.· 1973-06-20 ·cited 10×
  The court held that the installation of fences by the United States within a state highway right-of-way, which restricted but did not totally deprive landowners of access to their property, constituted a reasonable exercise of police power and not a compensable taking under the F
• Elterich v. The City OF SEA Isle City
  477 F.2d 289· 3d Cir.· 1973-03-26 ·cited 10×
  The court held that no federally protected rights of the appellants were violated because the State of New Jersey's condemnation proceedings adequately preserved their rights to just compensation.
• Gila River Pima-Maricopa Indian Community v. The United States
  467 F.2d 1351· Ct. Cl.· 1972-10-13 ·cited 10×
  The court held that the government must compensate the Indian Community for its failure to subjugate Parcel B as understood by the Indians, and that damages are measured by the diminution in value. The court also affirmed the Commission's ruling on restoration of camp-sites but r
• Stubbs v. State of Fla. Dep't OF Transp.
  265 So. 2d 425· Fla. 1st DCA· 1972-08-10 ·cited 10×
  In a condemnation case involving property taken for highway construction, the court reversed the trial court's exclusion of evidence regarding severance damages. The court held that property owners are entitled to recover severance damages when the taking of a road impairs access
• United States upon the relation & for the Use of the Tenn. Valley Auth. v. TWO Tracts OF Land
  456 F.2d 264· 6th Cir.· 1972-02-23 ·cited 10×
  The court held that the Tennessee Valley Authority has the statutory authority to acquire land by eminent domain for the Land Between the Lakes Project, and the necessity of such taking is not subject to judicial review.
• United States v. Certain Land IN the City OF Newark
  439 F.2d 670· 3d Cir.· 1971-03-22 ·cited 10×
  A landowner is not entitled to compensation for the reduction of access to a public street if reasonably suitable alternative means of access remain.
• Simpson v. Broward Cnty.
  241 So. 2d 193· Fla. 4th DCA· 1970-11-25 ·cited 10×
  The court held that the pretrial order excluding evidence of noise from aircraft using an avigation easement is not reviewable by certiorari because the defendants have an adequate remedy by appeal after final judgment.
• United States v. 10.69 Acres OF Land
  425 F.2d 317· 9th Cir.· 1970-04-02 ·cited 10×
  The Federal-Aid Highways Act, specifically 23 U.S.C. § 120(g), does not limit the inherent power of eminent domain for acquiring rights-of-way through Indian reservations.
• Reservation Eleven Assocs. v. Dist. OF Columbia
  420 F.2d 153· D.C. Cir.· 1969-07-02 ·cited 10×
  The court held that a landowner cannot claim an increased property value based on the probability of receiving a grant or exchange of government land to close alleys, especially when the government's refusal was a reasonable exercise of discretion due to potential future needs.
• State Rd. Dep't of Fla. v. Hartsfield
  216 So. 2d 61· Fla. 1st DCA· 1968-12-05 ·cited 10×
  The Florida District Court of Appeal held that a condemning authority cannot accept payment of a judgment in an eminent domain case as to some claimants while appealing the award to other claimants on the same parcel, because the statutory scheme for allocating compensation makes
• Commonwealth OF Mass. v. Bartlett
  384 F.2d 819· 1st Cir.· 1967-11-08 ·cited 10×
  The bankruptcy court's exclusive jurisdiction under section 77 does not subordinate a state's eminent domain power to the court's consent, as the state's interest is paramount and not subject to alteration in reorganization.
• United States v. Evans
  380 F.2d 761· 10th Cir.· 1967-07-14 ·cited 10×
  The court held that noncontiguous tracts used as a single economic unit can be considered a single tract for condemnation damages, and the commissioners' report was not defective.
• William B. Clark and wife v. Gulf Power Co.
  198 So. 2d 368· Fla. 1st DCA· 1967-04-20 ·cited 10×
  In this eminent domain proceeding, the Florida appellate court reversed an order of taking that granted Gulf Power Company a right-of-way easement across the Clarks' property for a transmission line. The court held that the petition failed to allege with sufficient specificity th
• United States upon the relation & for the Use of the Tenn. Valley Auth. v. An Easement AND Right OF WAY Over TWO Tracts OF Land
  375 F.2d 120· 6th Cir.· 1967-03-28 ·cited 10×
  The Tennessee Valley Authority has the constitutional and statutory power to acquire by eminent domain an easement for a power transmission line, even if not located along the Tennessee River or its tributaries.
• Couse v. The Canal Auth. of the State of Fla.
  194 So. 2d 301· Fla. 1st DCA· 1967-01-31 ·cited 10×
  Petitioners sought certiorari review of an order of taking in an eminent domain proceeding. The court held that while orders of taking are generally interlocutory and not appealable, certiorari is available where a justiciable issue regarding the legality of the taking is timely
• The Conn. Light & Power Co. & Subsidiaries v. The United States
  368 F.2d 233· Ct. Cl.· 1966-11-10 ·cited 10×
  Payments made to acquire flowage rights and immunity from tort liability for a hydroelectric project are capital expenditures, not ordinary and necessary business expenses, and are depreciable over the project's useful life.
• A. G. Davis ICE Co., Inc. v. United States
  362 F.2d 934· 1st Cir.· 1966-07-11 ·cited 10×
  The court held that the trial court did not err in excluding evidence of business profits derived from a sublease in a condemnation proceeding, as such profits are generally too speculative to determine market value.
• Willa Hembree v. United States
  347 F.2d 109· 8th Cir.· 1965-06-23 ·cited 10×
  The court held that the evidence presented by the landowners was sufficient to require submission to a jury on the issue of whether the condemned land had an enhanced value for quarrying limestone.
• Merge v. Sharott
  341 F.2d 989· 3d Cir.· 1965-02-16 ·cited 10×
  The court held that displaced businesses have no right of action against the federal Administrator for relocation payments, but may have a right of action against the local agency, and a prior state court judgment on the issue bars collateral attack.
• Peninsular Fire Ins. Co. v. Fowler
  166 So. 2d 206· Fla. 2d DCA· 1964-07-01 ·cited 10×
  Peninsular Fire Insurance Company appealed a declaratory judgment requiring it to pay fire insurance proceeds to Mary Lee Fowler, who held title as security pending receipt of condemnation compensation. The court reversed, holding that Fowler had no insurable interest in the prop
• United States v. Michoud Indus. Facilities & Bd. of Comm'rs of the Port of New Orleans
  322 F.2d 698· 5th Cir.· 1963-08-22 ·cited 10×
  The court held that the Commission's findings of value were not clearly erroneous, despite the existence of vacant space and lower rental rates, because the Commission properly considered all evidence and expert opinions.
• Atl. Seaboard Corp. v. Madeleine Kneppelhout van Sterkenburg and Cornelis Kneppelhout Van Sterkenburg
  318 F.2d 455· 4th Cir.· 1963-06-03 ·cited 10×
  The court held that the condemnees' preliminary motions were unallowable under Rule 71A, their jury demand was untimely, and the post-judgment order allowing immediate possession was within the court's authority.
• United States v. Merz
  306 F.2d 39· 10th Cir.· 1962-07-07 ·cited 10×
  The court held that the commission's findings were adequate for review and that the expert witness testimony was properly considered, affirming the compensation awards.
• State Rd. Dep't of Fla. v. Harvey
  142 So. 2d 773· Fla. 2d DCA· 1962-06-27 ·cited 10×
  This case involves a property owner's suit against the State Road Department for alleged trespass and taking of land for a road project. The appellate court affirmed the denial of the Department's motion to dismiss but reversed the order transferring the case to the law side for
• United States v. 190.71 Acres OF Land IN Lake Cnty.
  300 F.2d 52· 7th Cir.· 1962-02-14 ·cited 10×
  The court held that the trial court did not err in admitting evidence of original cost and in excluding allegedly comparable sales, as the unique nature of Wherry Act housing projects necessitates flexible valuation methods beyond strict market value.
• Claude Parks and wife v. United States
  293 F.2d 482· 5th Cir.· 1961-07-19 ·cited 10×
  The court held that the district court did not err in setting aside the first commission's award and affirming the second commission's award, as the appellants failed to demonstrate reversible error.
• Lewis S. and Jean S. Travis v. United States
  287 F.2d 916· Ct. Cl.· 1961-03-01 ·cited 10×
  Title vested in the United States on the date of the declaration of taking, and compensation should be based on the value as of that date, not a later date when the property's value increased.
• The Seneca Nation OF Indians v. Wilber M. Brucker
  262 F.2d 27· D.C. Cir.· 1958-11-25 ·cited 10×
  Congress has sufficiently and clearly authorized the taking of Seneca Nation lands for the Allegheny Reservoir Project through its appropriations acts.
• United States v. 93.970 Acres OF Land
  258 F.2d 17· 7th Cir.· 1958-07-15 ·cited 10×
• Dratch v. Kozycki
  105 So. 2d 171· Fla. 3d DCA· 1958-06-03 ·cited 10×
  The court held that the attorneys' fees awarded to defendants Dratch and Argee Ranch, Ltd. were grossly inadequate and reversed the judgment on that issue for a new trial.
• United States v. Smoot Sand & Gravel Corp.
  248 F.2d 822· 4th Cir.· 1957-10-17 ·cited 10×
  The court held that the landowner's statutory right to sand and gravel deposits extending into tidal waters is a property right for which just compensation must be paid upon condemnation, even if the state retains title to the submerged land.
• ARP v. United States
  244 F.2d 571· 10th Cir.· 1957-04-23 ·cited 10×
  The court held that the government's supplemental condemnation of the fee title was permissible under the Lanham Act, even after acquiring a leasehold, and that the landowners' defenses and procedural objections were without merit.
• United States v. Chamberlain Wholesale Grocery Co. & W. G. Cozard
  226 F.2d 492· 8th Cir.· 1955-11-02 ·cited 10×
  The court held that Rule 71A(h) vests broad discretion in the District Court to choose between a jury trial or a commission to determine just compensation in condemnation cases, and no abuse of discretion was found in denying the government's demand for a jury trial.
• Knollman v. United States
  214 F.2d 106· 6th Cir.· 1954-06-11 ·cited 10×
  The court held that excluding defendants' evidence of comparable sales outside the township while admitting the government's was reversible error and an abuse of discretion.
• City & Cnty. of Honolulu v. United States
  188 F.2d 459· 9th Cir.· 1951-04-13 ·cited 10×
  The court held that the City and County of Honolulu was not entitled to more than nominal compensation for condemned public highways, as no substitute highways were necessary and the City's ownership was established by stipulation.
• Thibodo v. United States
  187 F.2d 249· 9th Cir.· 1951-02-15 ·cited 10×
  The court held that a lienholder's interest, represented by street improvement bonds, constitutes a property right that must be protected in eminent domain proceedings, and the government may be liable for taking this interest without just compensation if proper notice was given
• Rivera v. R. Cobian Chinea & Co., Inc.
  181 F.2d 974· 1st Cir.· 1950-05-19 ·cited 10×
  The court held that the Puerto Rico Reasonable Rents Act's provision assuring tenants stability of tenure, even against a landlord's desire to withdraw property from the rental market, is a valid exercise of legislative power and not an unconstitutional taking without just compen
• United States v. State of N.Y.
  160 F.2d 479· 2d Cir.· 1947-02-19 ·cited 10×
  The court held that the Secretary of War's determination of the necessity and duration of a taking for a public purpose, including the liquidation of investment, is subject to very limited judicial review and cannot be overturned absent bad faith, caprice, or arbitrariness.
• Dunscombe v. Loftin
  154 F.2d 963· 5th Cir.· 1946-04-12 ·cited 10×
  The court held that the lower court did not abuse its discretion in denying leave to sue the trustees, as the plaintiff's claim was without merit and untimely.
• Fleming v. State Rd. Dep't of the State of Fla.
  157 Fla. 164· Fla.· 1946-03-08 ·cited 10×
  Fleming and other property owners sought declaratory judgment determining the State Road Department's maintenance obligations under a prior decree that granted it a perpetual easement to maintain a drainage canal across their property. The trial court dismissed the bill on the gr
• John Hancock Mut. Life Ins. Co. v. Thompson
  147 F.2d 761· 1st Cir.· 1944-12-22 ·cited 10×
  The mortgagee, whose rights are subordinate to the City's tax claim, cannot appeal the disbursement of condemnation funds for unpaid taxes.
• United States v. Merchs. Transfer & Storage Co.
  144 F.2d 324· 9th Cir.· 1944-07-31 ·cited 10×
  The court held that the lower court lacked jurisdiction to order the United States to vacate property it had seized or to hold it liable for contempt damages, as the sovereign cannot be sued without its consent.
• United States v. Catlin
  142 F.2d 781· 7th Cir.· 1944-06-02 ·cited 10×
  A judgment entered upon a Declaration of Taking in a condemnation proceeding is interlocutory and not subject to appellate review.
• United States v. Prettyman
  142 F.2d 891· 4th Cir.· 1944-05-18 ·cited 10×
  The court held that the trial judge did not err in refusing to declare a mistrial due to a juror's conduct or in excluding certain evidence, as these decisions were within the judge's discretion and not an abuse thereof.
• United States v. 576.734 Acres OF Land, More OR Less, IN Montgomery Cnty., PA
  143 F.2d 408· 3d Cir.· 1944-03-22 ·cited 10×
  The court held that admitting testimony on future market prices for a harvested crop was erroneous, as compensation is limited to the value of the leasehold at the time of taking.
• Gen. Motors Corp. v. United States
  140 F.2d 873· 7th Cir.· 1944-02-11 ·cited 10×
  The government is not liable for the moving expenses of a condemnee.
• United States v. 2.4 Acres OF Land
  138 F.2d 295· 7th Cir.· 1943-10-26 ·cited 10×
  The court held that the jury's verdict in a condemnation suit, even with differing expert valuations, is permissible if supported by evidence and not based on a false theory. The court also affirmed the use of a jury view of the premises and the admission of reproduction cost evi
• Chicago v. N. Kan. City Dev. Co.
  134 F.2d 142· 8th Cir.· 1943-03-02 ·cited 10×
  A railroad's charter powers, including those of a union depot company, are subject to forfeiture under Missouri statute for failure to complete undertakings within prescribed time limits, rendering subsequently acquired property for such purposes subject to condemnation.
• Cent. Neb. Pub. Power & Irrigation Dist. v. Harrison
  127 F.2d 588· 8th Cir.· 1942-04-23 ·cited 10×
  The court held that the trial court did not err in excluding the option agreements from evidence, either as conclusive of the value or as admissions against interest, because their validity was disputed and they were in the nature of compromise settlements.