Eminent Domain

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

• United States v. Cleveland Smith
  307 F.2d 49· 5th Cir.· 1962-07-11 ·cited 8×
  The government cannot escape its obligation to pay for destroyed property rights by cunningly drafting a declaration of taking that ostensibly excludes them.
• Davis v. United States
  295 F.2d 931· Ct. Cl.· 1961-11-01 ·cited 8×
  The court held that the government's low flights over private property, which diminished its value, constituted a taking of an easement of flight, even if the use was not completely destroyed.
• Seaboard AIR Line R.R. Co. v. Cnty. OF Crisp OF THE State OF Ga.
  280 F.2d 873· 5th Cir.· 1960-07-12 ·cited 8×
  A county operating a hydroelectric plant under a federal license is liable for damages to private property caused by its operations, and this liability is not limited to eminent domain proceedings.
• Empire State Ins. Co. v. Chafetz
  278 F.2d 41· 5th Cir.· 1960-04-26 ·cited 8×
  The court held that the trial court's jury instruction regarding the city's demolition order was erroneous and prejudicial, requiring reversal on the cross-appeal.
• Ahlheit v. State Rd. Dep't OF Fla.
  114 So. 2d 623· Fla. 1st DCA· 1959-09-29 ·cited 8×
  In an eminent domain proceeding to acquire property for a state road, the court upheld dismissal of an intervenor-defendant's claim of property rights, finding that the property was already subject to a valid easement reserved by the state in the original deed, and that the conde
• Daisey L. Cunningham and Beatrice I. Cunningham v. United States
  270 F.2d 545· 4th Cir.· 1959-09-26 ·cited 8×
  The court held that the district court erred in rejecting the commission's report and award, and should have confirmed it.
• Murrell v. United States
  269 F.2d 458· 5th Cir.· 1959-08-12 ·cited 8×
  The court held that when a street or roadway is platted on the margin of a grantor's land, a conveyance of the bordering lots carries the fee to the entire width of the street unless expressly reserved, and that the platting of the strip as a boulevard and boardwalk evinced an in
• United States v. Delaware
  264 F.2d 112· 3d Cir.· 1959-02-26 ·cited 8×
  The court held that the property owner is not entitled to compensation for improvements made at government expense, as the lease required removal of such improvements.
• United States v. Jones Beach State Parkway Auth.
  255 F.2d 329· 2d Cir.· 1958-05-14 ·cited 8×
  The court held that the trial court correctly determined just compensation by valuing the condemned land based on its highest and best use (residential) and then deducting the depreciation caused by existing easements and restrictions, rather than valuing it as if dedicated to pa
• S. Bell Tel. & Tel. Co. & Am. Tel. & Tel. Co. v. S. Precision Pattern Works, Inc.
  251 F.2d 537· 5th Cir.· 1958-01-03 ·cited 8×
  The court denied the petition for rehearing, finding no conflict between the prior case cited and its original decision.
• Gottfried Andrew Anderson and Anna Maria Anderson v. The City OF N. Miami
  99 So. 2d 861· Fla.· 1957-12-20 ·cited 8×
  Property owners challenged special assessments levied by the City of North Miami for street improvements, including widening, repaving, and lighting installation. The Florida Supreme Court upheld the assessments as substantially valid but reversed in part, holding that costs for
• United States v. 2979.72 Acres OF Land
  235 F.2d 327· 4th Cir.· 1956-07-31 ·cited 8×
  The government must compensate the owner of a flowage easement for the value of that easement when taken, excluding any value derived from its potential for water power development.
• Indus. Dev. Co. of Little Rock v. Thompson
  231 F.2d 825· 8th Cir.· 1956-04-18 ·cited 8×
  The court held that the appeal should be vacated and the case dismissed as moot because the construction sought to be enjoined was completed, rendering the issue unreviewable.
• Brown v. United States
  225 F.2d 861· 8th Cir.· 1955-09-23 ·cited 8×
  The court held that a mere notation of a jury verdict's return on the civil docket does not constitute the entry of a judgment under Rule 58, and therefore the government's motions for a new trial, filed within 10 days of the formal judgment entry, were timely.
• Collins v. The City OF Wichita
  225 F.2d 132· 10th Cir.· 1955-08-04 ·cited 8×
  The court held that the notice given for the condemnation of land outside city limits was adequate and complied with due process requirements, and the taking was for a public purpose.
• City of Fort Worth v. United States
  212 F.2d 474· 5th Cir.· 1954-05-06 ·cited 8×
  The court held that the trial court erred by improperly instructing the jury on the city's legal obligation to provide substitute facilities and by refusing to give requested jury instructions consistent with the law of the case.
• United States v. State OF S.D.
  212 F.2d 14· 8th Cir.· 1954-04-29 ·cited 8×
  The court held that the Secretary of the Army's determination of necessity for acquiring mineral rights in a condemnation proceeding is not subject to judicial review.
• Chicago v. Stude
  204 F.2d 116· 8th Cir.· 1953-04-30 ·cited 8×
  The court held that the railroad, as the plaintiff in condemnation proceedings under Iowa law, could not remove the action to federal court, and that direct appeals from commissioners' awards to federal court were not permitted.
• United States v. Certain Parcels of Land in Fairfax Cnty.
  196 F.2d 657· 4th Cir.· 1952-05-10 ·cited 8×
  The court held that the Lanham Act does not authorize the condemnation of an existing public works system, and such acquisition requires the owner's consent.
• Himonas v. Denver & R. G. W. R. Co.
  179 F.2d 171· 10th Cir.· 1949-12-23 ·cited 8×
  A prescriptive easement for an irrigation ditch across a railroad's right of way, granted under the Act of March 3, 1875, can be acquired if the use is public and does not interfere with the railroad's operations.
• Cal-Bay Corp. v. United States
  169 F.2d 15· 9th Cir.· 1948-06-29 ·cited 8×
  The court held that a dissenting judge's opinion on jury instructions and judicial comments in a condemnation case does not warrant reversal.
• Bowie Lumber Co., Ltd. v. United States
  155 F.2d 225· 5th Cir.· 1946-05-08 ·cited 8×
  The court held that the exclusion of certain evidence by the trial court did not constitute prejudicial error, and affirmed the judgment.
• United States v. Vill. of Highland Falls
  154 F.2d 224· 2d Cir.· 1946-03-11 ·cited 8×
  The court held that the Village's defense against condemnation based on a letter was invalid, and that the awards made by the commissioners were largely immune from review due to the nature of condemnation proceedings and New York law.
• United States v. 0.45 Acre OF Land IN Town OF Groton
  151 F.2d 114· 2d Cir.· 1945-08-20 ·cited 8×
  The owner is not entitled to interest on the portion of the condemnation deposit that remained undistributed because she failed to apply for its withdrawal.
• United States Ex rel. Tenn. Valley Auth. v. Welch and five other cases
  150 F.2d 613· 4th Cir.· 1945-07-21 ·cited 8×
  The court held that the Tennessee Valley Authority (TVA) cannot condemn private property solely to settle a liability arising from flooding a highway, as this constitutes a taking for a purpose not authorized by its governing statute.
• Riverside Mil. Acad., Inc. v. Watkins
  155 Fla. 283· Fla.· 1944-12-05 ·cited 8×
  The court held that taxes could not be imposed on property used for educational purposes that was taken by the federal government for the war effort, as the compensation awarded did not include taxes.
• United States v. Two Acres of Land
  144 F.2d 207· 7th Cir.· 1944-08-02 ·cited 8×
  The court held that the agreed purchase price in a contract, even if the government later initiates condemnation proceedings, serves as the measure of just compensation for the property taken.
• United States v. Belt
  142 F.2d 761· D.C. Cir.· 1944-05-15 ·cited 8×
  The court held that the defendants, as successors in title to original landowners, hold fee simple title to lots in Square 666, including riparian rights, as conveyed by the Commissioners, and that the United States has no superior claim.
• United States v. 19.86 Acres OF Land IN E. ST. Louis
  141 F.2d 344· 7th Cir.· 1944-03-16 ·cited 8×
  The court held that a building permanently connected to the soil is real property under Illinois law, and thus subject to condemnation by the government, regardless of private agreements to treat it as personalty.
• United States v. 531/4 Acres OF Land
  139 F.2d 244· 2d Cir.· 1943-12-09 ·cited 8×
  The court held that the bank's inchoate right of redemption was a compensable interest in the condemned property, and denial of its motion for compensation was erroneous.
• Carmack v. United States
  135 F.2d 196· 8th Cir.· 1943-04-26 ·cited 8×
  The court held that the appellant, as an heir and taxpayer, had standing to challenge the condemnation, and that the condemnation proceeding was jurisdictionally flawed due to the lack of required joint action between the Postmaster General and the Acting Administrator of the Fed
• Texas-Empire Pipe Line Co. v. Commissioner of Internal Revenue
  127 F.2d 220· 10th Cir.· 1942-03-23 ·cited 8×
  The court held that a valuation board's judgment is final unless it acts arbitrarily, fraudulently, or uses fundamentally erroneous methods. The dissenting opinion argues the Board properly used an accepted valuation method and its decision should be affirmed.
• Miller v. United States
  125 F.2d 75· 9th Cir.· 1942-01-22 ·cited 8×
  The court should affirm the trial court's exclusion of any increased property value attributable to the government project after its authorization.
• Puget Sound Power & Light Co. v. Pub. Util. Dist. NO. 1 OF Whatcom Cnty.
  123 F.2d 286· 9th Cir.· 1941-10-24 ·cited 8×
  The court held that the public utility district's taking of properties was a public necessity and that the trial court did not err in its rulings on evidence or jury instructions regarding just compensation.
• State v. Ga. S. & Fla. Ry. Co.
  139 Fla. 115· Fla.· 1939-07-07 ·cited 8×
  The Florida Supreme Court upheld a railroad commission order requiring Georgia Southern & Florida Railway Company to maintain minimum daily train service on its Valdosta-to-Palatka line, holding that while individual services may be loss-making, the railroad cannot avoid this obl
• Jacksonville v. Adams
  33 Fla. 608· Fla.· 1894-01-01 ·cited 8×
  The Florida Supreme Court held that a constitutional provision requiring compensation for condemned land to be ascertained by a jury of twelve men cannot be satisfied by legislation allowing a majority of the jury to determine compensation. The court invalidated the majority-vote
• In re the Executive Commc'n of the 6th of February
  13 Fla. 699· Fla.· 1871-02-25 ·cited 8×
  The Florida Supreme Court issued advisory opinions on whether the Legislature had constitutional power to issue State bonds to aid railroad corporations under Article XII, Section 7 of the 1868 Constitution. All three Justices who responded concluded that railroads constitute "pu
• PennEast Pipeline Co. v. New Jersey
  594 U.S. 482· U.S.· 2021-06-29 ·cited 7×
  PennEast Pipeline Company sought to use federal eminent domain power delegated to it under the Natural Gas Act to condemn property interests held by New Jersey for construction of an interstate pipeline, and New Jersey asserted sovereign immunity as a defense. The Supreme Court h
• Causeway Vista, Inc. v. State
  918 So. 2d 352· Fla. 2d DCA· 2005-12-14 ·cited 7×
  In this eminent domain case, Causeway Vista challenged a jury verdict awarding it no severance damages after the state condemned part of its property. The court affirmed the taking order but reversed and remanded for a new trial on severance damages only, finding the zero verdict
• Garber v. State
  687 So. 2d 2· Fla. 1st DCA· 1996-10-30 ·cited 7×
  The court held that the statute authorizing recovery of expert fees in eminent domain actions is not limited to accountants when business damages are compensable, and that a marketing expert's fee may be recoverable if reasonable and necessary.
• K-Mart Corp. v. State
  636 So. 2d 131· Fla. 2d DCA· 1994-04-22 ·cited 7×
  K-Mart Corporation appealed the dismissal of its claims in an eminent domain action where the Department of Transportation partially took leased property for highway construction. The court reversed, holding that K-Mart's lease agreement permitted it to recover compensation for t
• Hendler v. The United States
  952 F.2d 1364· Fed. Cir.· 1991-12-31 ·cited 7×
  The dismissal sanction was improvidently granted and is reversed; the partial summary judgment regarding the State of California's actions is also reversed; and judgment is ordered for plaintiffs on the physical occupation taking claim.
• The City OF Coral Gables v. OLD Cutler BAY Homeowners Corp.
  529 So. 2d 1188· Fla. 3d DCA· 1988-07-19 ·cited 7×
  The court held that a city cannot build a fire station on land dedicated for public use if the dedication's terms restrict such a use.
• United States v. 0.376 Acres OF Land
  838 F.2d 819· 6th Cir.· 1988-01-26 ·cited 7×
  The government must present evidence beyond a qualified appraiser's report to demonstrate substantial justification for its position in eminent domain cases under the EAJA.
• Falls Chase Special Taxing Dist. v. City OF Tallahassee
  788 F.2d 711· 11th Cir.· 1986-05-06 ·cited 7×
  The court held that the City of Tallahassee's allegedly anticompetitive activities in providing water and sewage services were protected by the state action exemption to federal antitrust laws because Florida statutes clearly articulated a state policy to displace competition wit
• United States v. 4.18 Acres OF Land
  542 F.2d 786· 9th Cir.· 1976-09-27 ·cited 7×
  Appellants are not entitled to attorneys' fees and expenses under 42 U.S.C. § 4654(a) because the condemnation action was dismissed as premature, not as a final judgment that the property could not be acquired or as an abandonment by the government.
• Paramount Farms, Inc. v. Rogers C. B. Morton
  527 F.2d 1301· 7th Cir.· 1975-12-11 ·cited 7×
  Federal courts lack jurisdiction to review alleged noncompliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970's guidelines, as Congress expressly foreclosed such review.
• Palm Beach Cnty. v. Inlet BAY Club, Inc.
  280 So. 2d 692· Fla. 4th DCA· 1973-07-06 ·cited 7×
  The trial court's denial of an order of taking for land condemnation is affirmed because the appellate court found no reversible error in the record.
• Chalmers v. Fla. Power & Light Co.
  245 So. 2d 285· Fla. 1st DCA· 1971-03-12 ·cited 7×
  The Florida District Court of Appeal held that a utility company's petition for condemnation must be authorized by a specific corporate resolution identifying the exact estate or interest to be taken, and that such determination cannot be delegated to the company's attorney. The
• Scutti v. State Rd. Dep't of Fla.
  220 So. 2d 628· Fla. 4th DCA· 1969-03-27 ·cited 7×
  The Scuttis challenged a waiver of damages they signed under pressure from Palm Beach County to obtain an occupancy permit for their building. The Fourth District Court of Appeal reversed the trial court's judgment upholding the waiver, finding it void and unenforceable because t