Eminent Domain

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

• United States v. 97.19 Acres OF Land
  582 F.2d 878· 4th Cir.· 1978-09-19 ·cited 8×
  The court held that the trial court erred by excluding evidence of the value of the condemned parcel and severance damages, preventing the landowner from presenting her theory of compensation.
• United States v. 478.34 Acres OF Land
  578 F.2d 156· 6th Cir.· 1978-06-01 ·cited 8×
  The court held that the trial court erred in admitting unreliable statistical survey evidence and in excluding expert testimony regarding the potential for residential development, requiring a new trial.
• Division OF Administration v. W. Palm Beach Garden Club
  352 So. 2d 1177· Fla. 4th DCA· 1977-07-26 ·cited 8×
  The Florida Department of Transportation appeals from a condemnation judgment awarding $644,275 for land taken and $1,700,000 in severance damages for Dreher Park in West Palm Beach. The court affirms the land value award but reverses the severance damages award, holding that mer
• Stack v. Okaloosa Cnty.
  347 So. 2d 145· Fla. 1st DCA· 1977-06-27 ·cited 8×
  This eminent domain appeal concerns a trial court's erroneous grant of a prescriptive easement when the County failed to prove public necessity for condemnation. The court reversed, holding that the prescriptive easement was a gratuitous grant unsupported by pleadings and against
• City OF Miami v. ST. JOE Paper Co.
  347 So. 2d 622· Fla. 3d DCA· 1977-05-03 ·cited 8×
  The City of Miami appealed dismissals of its complaint seeking to quiet title to filled land on the north side of the Miami River, claiming it was granted submerged lands and riparian rights by the State of Florida in 1919. The Florida District Court of Appeal affirmed the dismis
• The People OF the State OF Cal. v. The United States
  551 F.2d 843· Ct. Cl.· 1977-03-23 ·cited 8×
  The court held that the State of California was fully compensated under the Federal-Aid Highways Act based on the fair market value of the property, as stipulated by the contract and applicable regulations in effect at the time of the acquisition.
• City OF Clearwater v. Janet Land Corp.
  343 So. 2d 853· Fla. 2d DCA· 1976-12-08 ·cited 8×
  In an eminent domain proceeding, the City of Clearwater sought certiorari review of a trial court order that set aside its Order of Quick Taking on jurisdictional grounds. The District Court of Appeal held that the trial court lacked authority to vacate the order and that the pro
• Gov't OF the Virgin Islands v. 19.623 Acres OF Land
  536 F.2d 566· 3d Cir.· 1976-05-26 ·cited 8×
  The court held that landowners waive objections to legislative authorization if not raised in their answers, and that due process does not require notice or a hearing before condemnation, even if a hearing is held.
• Stubbs v. State
  332 So. 2d 155· Fla. 1st DCA· 1976-05-24 ·cited 8×
  The court held that expert testimony based on a misconception of the law or not related to the date of taking should be stricken, and a jury verdict of zero damages was improper when substantial damages were evident.
• Dist. OF Columbia Redev. Land Agency v. Thirteen Parcels OF Land IN Squares 859
  534 F.2d 337· D.C. Cir.· 1976-02-23 ·cited 8×
  A landowner's opinion testimony on property value, if substantially based on inadmissible elements like future business profits or goodwill, can be excluded by the trial judge.
• United States v. 10.0 Acres
  533 F.2d 1092· 9th Cir.· 1976-02-17 ·cited 8×
  The court held that the destruction of an exclusive easement by the government, which diminishes the value of the dominant estate, constitutes a compensable taking of the easement holder's property interest.
• United States v. 2
  529 F.2d 682· 6th Cir.· 1976-01-13 ·cited 8×
  The court held that the government's challenges to the admissibility and sufficiency of evidence regarding the value of condemned mineral interests were without merit, and that the district court correctly applied Kentucky law in determining the validity of certain oil leases.
• Fla. E. Coast Ry. Co. v. City OF Miami
  321 So. 2d 545· Fla.· 1975-07-24 ·cited 8×
  Florida Supreme Court held that railroad property devoted to a public use cannot be taken by a municipality through eminent domain unless the use is not "necessary for the successful operation" of the railroad. The court clarified that "necessary" means utilitarian in furtherance
• Rhodes v. City OF Chicago in Tr. For the USE OF Schs.
  516 F.2d 1373· 7th Cir.· 1975-04-28 ·cited 8×
  The court held that the district court properly granted summary judgment because the Uniform Relocation Assistance and Real Property Acquisition Act does not create private rights of action, and the state court provided an adequate forum for the plaintiffs' claims.
• City OF Sunrise v. W. Broward Utils., Inc.
  311 So. 2d 175· Fla. 4th DCA· 1975-03-14 ·cited 8×
• City OF Jacksonville v. Moman
  290 So. 2d 105· Fla. 1st DCA· 1974-02-21 ·cited 8×
  The court held that the City of Jacksonville failed to establish the necessity for taking the Moman property through eminent domain, as the property itself and its immediate surroundings were not slum or substandard.
• ART Neon Co. v. The City & Cnty. OF Denver
  488 F.2d 118· 10th Cir.· 1973-11-29 ·cited 8×
  The court held that Denver's ordinance requiring termination of nonconforming signs over a reasonable period, including a five-year maximum, is a valid exercise of police power, but the categorization of termination periods based on replacement cost is unreasonable.
• United States v. 21.54 Acres OF Land
  491 F.2d 301· 4th Cir.· 1973-07-13 ·cited 8×
  The trial court erred by refusing to determine the factual location of the ordinary high water mark, as this determination is necessary to accurately describe the condemned land and does not interfere with the executive's discretionary power to determine the extent of the taking.
• United States v. 421.89 Acres OF Land
  465 F.2d 336· 8th Cir.· 1972-09-14 ·cited 8×
  The court held that the admission of comparable sales evidence and the jury instructions were not prejudicial error, and the commission's award was supported by substantial evidence.
• Boynton v. The Canal Auth. of the State of Fla.
  265 So. 2d 722· Fla. 1st DCA· 1972-08-15 ·cited 8×
  The court held that the trial court erred in excluding the appraiser's testimony regarding the property's value based on the development approach, as it was not too speculative.
• United States v. 105.40 Acres OF Land
  471 F.2d 207· 7th Cir.· 1972-08-09 ·cited 8×
  The court held that the district court erred in ruling as a matter of law that the condemned parcels could not be considered an integral part of the owner's larger tract for valuation purposes.
• Sapp v. Hillsborough Cnty.
  262 So. 2d 256· Fla. 2d DCA· 1972-04-28 ·cited 8×
  In an eminent domain proceeding, Hillsborough County sought to condemn two parcels of property to construct a state highway connecting State Road 39 to Plant City. The district court reversed the trial court's finding of necessity, holding that the County constituted a gross abus
• Honolulu Rapid Transit Co. v. Lorrin M. Dolim
  459 F.2d 551· 9th Cir.· 1972-04-11 ·cited 8×
  The court held that the franchise terms did not constitute an unconstitutional taking of property without just compensation because the City's purchase was based on a bargained-for agreement, not eminent domain.
• Peebles v. The Canal Auth. of the State of Fla.
  254 So. 2d 232· Fla. 1st DCA· 1971-11-02 ·cited 8×
  The court held that it was reversible error to deny a motion to strike an appraiser's testimony that was based on an assumption of access inconsistent with the condemnation order.
• Boney v. State
  250 So. 2d 650· Fla. 1st DCA· 1971-07-27 ·cited 8×
  In an eminent domain case involving the taking of property for Interstate Highway 1-295, the court reversed a trial court's remittitur that reduced a jury verdict from $5,500 to $525, holding that the property owners were entitled to compensation for severance damages resulting f
• City OF Miami Beach v. Cummings
  239 So. 2d 501· Fla. 3d DCA· 1970-09-08 ·cited 8×
  The City of Miami Beach appealed judgments awarding attorney's fees to landowners after the city dismissed eminent domain proceedings against their property. The court held that attorney's fees may be awarded regardless of whether dismissal is initiated by the condemning authorit
• City OF Miami Beach v. Cummings
  233 So. 2d 842· Fla. 3d DCA· 1970-04-14 ·cited 8×
  The City of Miami Beach filed successive condemnation suits against the same defendants and property after refusing to deposit jury-awarded compensation in the first suit. The court held that when a condemnor abandons a condemnation proceeding by failing to deposit court-ordered
• United States v. Hilliard
  412 F.2d 174· 8th Cir.· 1969-06-16 ·cited 8×
  A district court may modify a commission's report in an eminent domain case if the findings are clearly erroneous, and is not required to recommit the matter.
• United States v. 35.22 Acres OF Land
  411 F.2d 432· 9th Cir.· 1969-05-21 ·cited 8×
  The court held that the trial court did not err in excluding evidence of a sale between two condemnees and in rejecting reproduction cost less depreciation as direct evidence of market value.
• Scully v. United States
  409 F.2d 1061· 10th Cir.· 1969-03-28 ·cited 8×
  The court held that the expectation of lease renewal, even if customary, does not constitute a compensable property interest in eminent domain proceedings.
• Thetford v. United States
  404 F.2d 301· 10th Cir.· 1968-12-04 ·cited 8×
  The court held that the Act clearly authorized the Secretary of the Interior to determine the scope of recreational facilities and that the landowners' arguments based on the feasibility report were invalid. The court also affirmed the commission's compensation awards as supporte
• Clark E. Finks v. The United States
  395 F.2d 999· Ct. Cl.· 1968-06-14 ·cited 8×
  The court held that the temporary impounding of vehicles to prevent illegal duty-free sales did not constitute a compensable taking under the Fifth Amendment.
• Scott Lumber Co., Inc. v. United States
  390 F.2d 388· 9th Cir.· 1968-02-01 ·cited 8×
  The court held that the district court erred in denying a new trial on just compensation because the government's expert witnesses based their valuations on an illegal 'clear cutting' method, rendering the jury award unsupported by legally sufficient evidence.
• United States v. 124.84 Acres OF Land
  387 F.2d 912· 7th Cir.· 1968-01-02 ·cited 8×
  The court held that the objections to the commission's report were sufficient and that the commission did not err in admitting or excluding testimony regarding comparable sales or in its valuation of the condemned property.
• Nash v. D. C. Redev. Land Agency
  395 F.2d 571· D.C. Cir.· 1967-10-23 ·cited 8×
• State Rd. Dep't of Fla. v. Levato
  199 So. 2d 714· Fla.· 1967-06-07 ·cited 8×
  The Florida Supreme Court upheld a district court's reversal of a condemnation trial verdict, holding that admission of a deceased appraiser's testimony transcript violated statutory prohibitions on using preliminary appraisal reports at trial, and affirmed the award of attorney'
• Camp Phosphate Co. v. Marion Cnty.
  194 So. 2d 302· Fla. 1st DCA· 1967-01-31 ·cited 8×
  The court held that an interlocutory appeal from an order of taking in an eminent domain proceeding is not available, but will treat the appeal as a petition for writ of certiorari if a justiciable issue is shown.
• R. B. Rands et ux. v. United States
  367 F.2d 186· 9th Cir.· 1966-10-07 ·cited 8×
  The court held that the value of land attributable to its utility as a port site is compensable under the Fifth Amendment, and that the district court erred in denying the landowners an opportunity to amend their pleadings to raise objections to the taking.
• State Rd. Dep't of Fla. v. Bramlett
  179 So. 2d 137· Fla. 1st DCA· 1965-10-14 ·cited 8×
  In this eminent domain case, the Florida District Court of Appeal affirms a $43,500 judgment for property owners and lessees whose land was taken by the State Road Department, including $5,500 for destruction of a lessee's five-year-old general store. The court holds that a lesse
• Chandler v. David
  350 F.2d 669· 5th Cir.· 1965-07-28 ·cited 8×
  The court held that Amendment 11 to the Agricultural Adjustment Act regulations, which conditions the transfer of cotton allotments on reestablishing farming operations and not benefiting other persons, is a valid exercise of delegated authority, and that the Review Committee had
• Ga. S. & Fla. Ry. Co. v. State Rd. Dep't of Fla.
  176 So. 2d 111· Fla. 1st DCA· 1965-06-10 ·cited 8×
  The Florida District Court of Appeal upheld the State Road Department's authority to condemn portions of a railroad's right of way for a drainage easement, holding that the taking falls within the "compatible use" exception to the general rule against taking property devoted to o
• LEE Cnty. v. Charlotte Cnty.
  174 So. 2d 108· Fla. 2d DCA· 1965-03-24 ·cited 8×
  A party seeking to intervene in an eminent domain proceeding must demonstrate a direct interest in the property being condemned, not merely a consequential interest in potential future damages.
• State Rd. Dep't of Fla. v. Eustas M. Bainbridge and Dora M. Bainbridge
  171 So. 2d 609· Fla. 1st DCA· 1965-02-18 ·cited 8×
  The Florida District Court of Appeal, First District, denied a petition for writ of certiorari, holding that common law certiorari is not an appropriate remedy to review a partial summary judgment in an eminent domain case. The court emphasized that appellate courts should not in
• Hillsborough Cnty. v. Bennett
  167 So. 2d 800· Fla. 2d DCA· 1964-09-04 ·cited 8×
  Hillsborough County challenged a trial court's award of interest on the difference between the appraised value and final judgment value of condemned property. The appellate court reversed, holding that Florida Statute § 74.06 unambiguously bars interest on funds deposited into co
• Morrow v. Clayton
  326 F.2d 36· 10th Cir.· 1963-12-16 ·cited 8×
  The court held that the State Committee could not cancel transferred allotments without following the prescribed regulatory procedure, which vests initial determination of misrepresentation with the County Committee.
• Jacksonville Expressway Auth. v. Bennett
  158 So. 2d 821· Fla. 1st DCA· 1963-12-10 ·cited 8×
  Jacksonville Expressway Authority sought to condemn land under Florida's Chapter 74 condemnation procedure and filed a declaration of taking with an estimated value of $72,750. The trial court ultimately directed a verdict fixing compensation at that estimate amount, depriving th
• The City OF Miami v. Wolfe
  150 So. 2d 489· Fla. 3d DCA· 1963-03-05 ·cited 8×
  The City of Miami appealed a summary judgment dismissing its eminent domain action to condemn property owned by Geraldine and Rosalie Wolfe for an alleged public street extension. The court affirmed the dismissal, finding the condemnation was brought in bad faith—the city's true
• Garvin v. State Rd. Dep't
  149 So. 2d 869· Fla. 1st DCA· 1963-02-14 ·cited 8×
  In a condemnation proceeding, the appellate court reversed a jury verdict that awarded property owners $30,060 for taken property because the verdict failed to include compensation for three gasoline tanks and two pumps that the owners proved they owned, violating the constitutio
• City OF Eufaula v. United States
  313 F.2d 745· 5th Cir.· 1963-01-17 ·cited 8×
  The United States is not liable for the cost of sewage treatment plants required by state authorities due to dam construction, as this is not a compensable taking under the Fifth Amendment.
• United States v. 2
  308 F.2d 641· 4th Cir.· 1962-09-17 ·cited 8×
  The court held that the district court erred in dismissing the condemnation proceeding solely because the option contract, which formed the basis for the purchase price, was found invalid by a jury due to unreasonable delay. The court should have allowed the government to amend i