Eminent Domain

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

• United States v. Greer Drainage Dist. of Marshall & Lafayette Cntys.
  121 F.2d 675· 5th Cir.· 1941-07-07 ·cited 10×
  Landowners are not entitled to any portion of the condemnation award when their claims are subordinate to valid liens exceeding the land's value. Excess funds should be paid directly to the United States.
• State v. ABS Props. P'ship
  693 So. 2d 703· Fla. 2d DCA· 1997-05-21 ·cited 9×
  The Florida Department of Transportation appeals an award of attorney's fees in an eminent domain case where it voluntarily dismissed its condemnation action after the parties had reached a settlement agreement. The court reverses and remands, holding that section 73.092(2) rathe
• City OF Dania v. Broward Cnty.
  658 So. 2d 163· Fla. 4th DCA· 1995-07-19 ·cited 9×
  The court held that a city's alleged loss of tax base and prior infrastructure expenditures do not constitute a direct legal effect on the eminent domain compensation judgment, thus not entitling the city to intervene. Similarly, alleged violations of development review statutes
• State v. Mid-Florida Growers, Inc.
  541 So. 2d 1243· Fla. 2d DCA· 1989-03-08 ·cited 9×
  The Department of Agriculture appealed a jury verdict awarding citrus nursery owners damages for destroyed nursery stock and lost production following a state-ordered burning. The court affirmed the award for destroyed stock valued at spring 1985 market prices but reversed the lo
• A.L. West v. Sunbelt Enters.
  530 So. 2d 433· Fla. 1st DCA· 1988-08-30 ·cited 9×
  The court held that appellees are entitled to statutory interest on the full condemnation award from the date of deposit until funds were available, and affirmed the denial of interest on previously awarded prejudgment interest.
• Nat'l R.R. Passenger Corp. v. TWO Parcels OF Land ONE 1691 SQ. Foot More OR Less Parcel OF Land IN the Town OF NEW London
  822 F.2d 1261· 2d Cir.· 1987-06-30 ·cited 9×
  The court held that Amtrak's condemnation of property for a service road, as part of a cooperative agreement with the city, was within its statutory authority, and that federal law, not state law, governed the measure of just compensation to avoid frustrating federal objectives.
• Charles J. Arndt, Inc. v. City OF Birmingham
  748 F.2d 1486· 11th Cir.· 1984-12-17 ·cited 9×
  The court held that the city's declaration of blight and subsequent actions, including the negotiation of an option to terminate a leasehold interest, did not constitute a taking of property without due process of law under the Fifth and Fourteenth Amendments.
• Moore v. Hampton Roads Sanitation Dist. Comm'n & City of Newport News
  557 F.2d 1030· 4th Cir.· 1976-10-07 ·cited 9×
  The destruction of oyster beds due to sewage discharge is not a maritime tort, and thus state statutory notice requirements apply, barring the claim.
• Hous. Auth. OF the City OF Atlanta v. Millwood
  472 F.2d 268· 5th Cir.· 1973-01-24 ·cited 9×
  The court held that HUD was not properly made a party to the state court action due to insufficient service of process, thus the federal district court lacked removal jurisdiction and could not rule on the substantive issues.
• Ill. Cent. R.R. Co. v. Tenn. Valley Auth.
  445 F.2d 308· 6th Cir.· 1971-06-30 ·cited 9×
  The Tennessee Valley Authority (TVA) possesses broad statutory authority to exercise the power of eminent domain for its legitimate purposes, and this power is not geographically limited to the Tennessee River watershed or its power supply area.
• United States Upon the Relation & for the Use of the Tenn. Valley Auth. v. Council J. Pressnell
  328 F.2d 580· 6th Cir.· 1964-03-05 ·cited 9×
  The court held that the Tennessee Valley Authority (TVA) is not liable for costs in a condemnation suit filed in the name of the United States, as the United States is the actual condemnor and petitioner.
• State v. City of Clearwater
  135 Fla. 148· Fla.· 1938-11-25 ·cited 9×
  The Florida Supreme Court upheld the City of Clearwater's issuance of $28,000 in Yacht Basin Revenue Certificates, holding that revenue certificates payable solely from operating revenues of a municipal facility do not constitute municipal debt subject to constitutional and statu
• Olson v. United States
  67 F.2d 24· 8th Cir.· 1933-08-17 ·cited 9×
  The dissenting judge holds that the trial court erred in excluding evidence regarding the flowage or reservoir use of the land as an element of its market value in condemnation proceedings. The dissent argues that the adaptability of the land for such purposes, coupled with its l
• The United States v. The City of Chicago
  7 How. 185· U.S.· 1849-01-01 ·cited 9×
  The United States sought an injunction to prevent Chicago from opening streets through federally-owned land reserved for military purposes at Fort Dearborn. The Supreme Court held that the city could not open streets through the reserved portion of the property that had never bee
• Scott Ellis as Brevard Cnty. Clerk of Court v. Hunter
  3 So. 3d 373· Fla. 5th DCA· 2009-01-16 ·cited 8×
  This case addresses whether Florida Statute 903.286, which permits clerks of court to withhold cash appearance bonds to satisfy unpaid court fees, costs, and criminal penalties, is constitutional and whether it applies only to the case in which the bond was posted or to all of a
• City OF Boynton Beach v. Janots
  929 So. 2d 1099· Fla. 4th DCA· 2006-05-03 ·cited 8×
  The court held that the first letter sent by the city attorney did not constitute a binding offer for the purpose of calculating attorney's fees under section 73.092, Florida Statutes, because it was subject to further discretionary review by the city commission.
• Seminole Cnty. v. Pinter Enters., Inc.
  184 F. Supp. 2d 1203· M.D. Fla.· 2000-09-26 ·cited 8×
  The court held that the local governments, as plaintiffs in the state court action, improperly removed the case to federal court because they could not be realigned as defendants for removal purposes. The court also declined to award costs under 28 U.S.C. § 1447(c).
• State v. Narendra M. Patel
  768 So. 2d 1173· Fla. 2d DCA· 2000-09-15 ·cited 8×
  The court held that fees for obtaining a non-monetary benefit in an eminent domain case should be based on defeating a whole take, not on the value of the benefit itself, and that expert witness fees for litigating the amount of attorneys' fees are not compensable.
• State v. Smithbilt Indus., Inc.
  715 So. 2d 963· Fla. 2d DCA· 1998-06-10 ·cited 8×
  The Florida Department of Transportation appeals an award of attorney's fees to Smithbilt Industries in an eminent domain proceeding for business damages. The court affirms, holding that because the business damages claim was tried after the taking had been resolved and constitut
• Dep't OF Transp. v. Rogers
  705 So. 2d 584· Fla. 5th DCA· 1997-11-14 ·cited 8×
  The Florida Department of Transportation appeals a jury verdict in an eminent domain case awarding $705,000 for a condemned Subway restaurant property. The appellate court reverses, holding that testimony regarding projected lost profits of the business was improper business dama
• Hartleb v. State
  677 So. 2d 336· Fla. 4th DCA· 1996-06-05 ·cited 8×
  In this eminent domain case, the court reversed trial court orders denying the property owner's recovery of attorney's fees and costs incurred after the state's offer of judgment. The court held that the offer was ambiguous regarding whether it included compensation owed to the p
• State v. Finkelstein
  629 So. 2d 932· Fla. 4th DCA· 1993-12-08 ·cited 8×
  The Florida Department of Transportation appealed a jury verdict in an eminent domain proceeding, challenging the trial court's exclusion of evidence regarding soil contamination and remediation costs that affected the property's fair market value on the date of taking. The appel
• Broward Cnty. v. Ellington
  622 So. 2d 1029· Fla. 4th DCA· 1993-07-21 ·cited 8×
  The court held that damages for fire and lack of maintenance are recoverable, but loan interest and attorney's fees are not. The award of damages, except for loan interest, is affirmed, but the award of attorney's fees is reversed.
• Fla. Dep't OF Revenue v. Orange Cnty.
  620 So. 2d 991· Fla.· 1993-06-17 ·cited 8×
  A property transfer as part of an out-of-court settlement in lieu of condemnation proceedings is immune from documentary stamp tax.
• City OF Tallahassee v. Boyd
  616 So. 2d 1000· Fla. 1st DCA· 1993-02-17 ·cited 8×
  The City of Tallahassee appealed a jury verdict awarding business damages to Weaver Oil Company in an eminent domain action. The court reversed, holding that Weaver Oil failed to allege a sufficient basis for statutory business damages under Florida law because the alleged loss o
• Nat'l Advertising Co. v. State
  611 So. 2d 566· Fla. 1st DCA· 1992-12-31 ·cited 8×
  National Advertising Company appeals a condemnation judgment awarding it only $38,400 (the replacement cost of its billboard sign) for the taking of its valuable leasehold interest. The court reverses, holding that the condemning authority failed to present competent evidence reg
• State v. Brouwer's Flowers, Inc.
  600 So. 2d 1260· Fla. 2d DCA· 1992-06-17 ·cited 8×
  The court held that pre-judgment interest on an award of attorney's fees in an eminent domain action is improper before the trial court determines the fee amount.
• Hughes v. Consol-Pennsylvania Coal Co.
  945 F.2d 594· 3d Cir.· 1991-09-20 ·cited 8×
  The court affirmed the dismissal of the RICO claim due to lack of continuity and affirmed the district court's rulings on fraud claims, finding Monongahela had condemnation power and that jury instructions on misrepresentation were proper.
• City OF Orlando v. Kensington, Ltd
  580 So. 2d 830· Fla. 5th DCA· 1991-05-23 ·cited 8×
  The City of Orlando sought to condemn property for airport expansion, and the property owner (Kensington) settled the case with attorneys working on a contingency fee of 5% of the offer plus 25% of recovery. The trial court awarded the full contractual fee of $69,267.60 despite t
• Pasco Cnty. v. Franzel
  569 So. 2d 877· Fla. 2d DCA· 1990-11-09 ·cited 8×
  Pasco County appealed a trial court's order denying its petition to condemn part of the Franzels' farm for the Collier Parkway Extension. The appellate court affirmed the denial, finding the County abused its discretion by failing to adequately study relevant factors—including en
• Doelle v. Mountain States Tel. & Tel.
  872 F.2d 942· 10th Cir.· 1989-04-13 ·cited 8×
  The court held that federal rules govern counterclaims in federal diversity cases, and that the district court did not abuse its discretion in allowing the condemnation counterclaim. However, the court reversed the award of equitable damages for shrubbery due to lack of legal bas
• Elmore v. Broward Cnty.
  507 So. 2d 1220· Fla. 4th DCA· 1987-06-03 ·cited 8×
  The court held that a lease provision for cancellation upon total condemnation does not extinguish the tenant's contractual right to a share of the condemnation award.
• Cincinnati Ins. Co. v. Metro. Props., Inc.
  806 F.2d 1541· 11th Cir.· 1986-12-31 ·cited 8×
  The court held that the insurance policy's coverage for "negligent act, error or omission" did not extend to claims of breach of contract, and that fraud claims were excluded as pleaded. The court affirmed the grant of summary judgment for the insurer.
• Henley v. Herring
  779 F.2d 1553· 11th Cir.· 1986-01-14 ·cited 8×
  The court held that the plaintiffs' claims were ripe and that summary judgment for the plaintiffs was proper because their property interests in the integrity of the street plan were not remote.
• Loy Ree B. Marlowe Ballam v. United States
  747 F.2d 915· 4th Cir.· 1984-10-23 ·cited 8×
  The court held that the erosion damage was not compensable because the waterway was intended to be a public, navigable waterway subject to the navigational servitude, and the damage was caused by wave wash, not direct government action.
• United States v. 125.2 Acres OF Land
  732 F.2d 239· 1st Cir.· 1984-04-13 ·cited 8×
  Inadequate notice in a condemnation proceeding does not vitiate the government's title, but the owner is entitled to a hearing on just compensation and potentially interest on the award.
• S. Pac. Transp. Co. v. Watt
  700 F.2d 550· 9th Cir.· 1983-03-01 ·cited 8×
  The court held that the Act of March 2, 1899, authorizes the Secretary of the Interior to establish conditions, including tribal consent, for rights-of-way across tribal lands, and that the Secretary's regulation requiring such consent was a permissible exercise of authority.
• Ackerly Commc'ns, Inc. v. City OF W. Palm Beach
  427 So. 2d 245· Fla. 4th DCA· 1983-02-16 ·cited 8×
  This eminent domain case involves compensation for advertising signs taken by the City of West Palm Beach during condemnation of leased property. The trial court awarded $1,500 using the cost of reproduction less depreciation and salvage value formula, but erred by applying a 50%
• United States v. 2
  696 F.2d 351· 5th Cir.· 1983-01-24 ·cited 8×
  The court reversed an award of death benefits, finding that the claimant's death, occurring nine years after a work-related injury, fell outside the statutory five-year limit for benefits following continuous disability.
• United States v. 397.51 Acres OF Land
  692 F.2d 688· 10th Cir.· 1982-10-29 ·cited 8×
  The court held that the brother's promise to pay a portion of the condemnation award was a personal contract not subject to the rule against perpetuities, and affirmed the district court's judgment regarding the division of the award. The court remanded the interest issue for fur
• United States v. 125.07 Acres OF Land
  667 F.2d 243· 1st Cir.· 1981-12-31 ·cited 8×
  The court held that the district court's judgment must be vacated and remanded because unresolved issues of state law regarding the legal status of Pond Road were critical to determining just compensation and were not fully considered.
• Armijo v. The United States
  663 F.2d 90· Ct. Cl.· 1981-10-21 ·cited 8×
  The court agrees that summary judgment should be denied because the date of taking, and thus the statute of limitations, cannot be determined without further fact development.
• United States v. 103.38 Acres OF Land
  660 F.2d 208· 6th Cir.· 1981-10-06 ·cited 8×
  The court held that while comparable sales is the preferred method for property valuation in eminent domain, alternative methods like royalty capitalization are permissible when comparable sales are unavailable or unpersuasive, provided they are demonstrably related to the actual
• In re Division OF Administration v. ST. Regis Paper Co.
  402 So. 2d 1207· Fla. 1st DCA· 1981-07-21 ·cited 8×
  The Florida Department of Transportation appealed a jury verdict in an eminent domain proceeding where landowners were awarded damages for total deprivation of access to their property after DOT's acquisition and highway reconstruction cut off their trail road access. The appella
• Cent. Ave. News, Inc. v. The City OF Minot
  651 F.2d 565· 8th Cir.· 1981-06-09 ·cited 8×
  The court held that the district court correctly applied the Younger abstention doctrine, dismissing the federal complaint without prejudice because the appellant could raise its constitutional claims in the pending state court enforcement proceeding.
• United States v. 77
  647 F.2d 104· 10th Cir.· 1981-04-08 ·cited 8×
  The court held that the commission's award to the Taylors was supported by rationally founded expert testimony and proper evidence, but the award to the State was clearly erroneous due to insufficient evidence of an alternative highest and best use.
• Division OF Administration v. Saemann
  399 So. 2d 359· Fla. 4th DCA· 1981-04-01 ·cited 8×
  The Florida Department of Transportation appealed a judgment in an eminent domain case where a trial court struck the Department's appraiser testimony regarding the value of condemned property because the Department failed to present evidence on severance damages. The appellate c
• Fla. Power Corp. v. Gulf Ridge Council
  385 So. 2d 1155· Fla. 2d DCA· 1980-07-09 ·cited 8×
  A condemning authority abuses its discretion and exceeds its statutory authority if it fails to properly consider and weigh all relevant factors, including alternate routes, costs, environmental impact, planning, and safety, when selecting a route for condemnation.
• Edwards Dairy, Inc. v. Pasco Water Auth., Inc.
  378 So. 2d 866· Fla. 2d DCA· 1979-12-21 ·cited 8×
  Edwards Dairy appealed a summary judgment dismissing its inverse condemnation claim against Pasco Water Authority for pipeline construction on leased property. The court reversed, holding that permission to enter land does not necessarily constitute consent to appropriate it, and
• McCARTY v. Amoco Pipeline Co.
  595 F.2d 389· 7th Cir.· 1979-04-02 ·cited 8×
  In a removed diversity case seeking injunctive relief, the amount in controversy can be measured by the value to either party, not exclusively the plaintiff's viewpoint, to determine federal jurisdiction.