Eminent Domain

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

• The Confederated Salish & Kootenai Tribes of the Flathead Reservation v. The United States
  401 F.2d 785· Ct. Cl.· 1968-10-18 ·cited 7×
  The court held that lands erroneously excluded from the reservation by faulty surveys and subsequently placed in national forests are subject to the tribes' claim for compensation.
• City OF Palm BAY v. Gen. Dev. Utils., Inc.
  201 So. 2d 912· Fla. 4th DCA· 1967-08-10 ·cited 7×
  The City of Palm Bay appealed a dismissal of its eminent domain petition to acquire a privately owned water and sewer system. The court held that Florida municipalities have statutory authority under the general delegation of eminent domain power to condemn existing privately ope
• Crossroads Lounge, Inc. v. The City OF Miami
  195 So. 2d 232· Fla. 3d DCA· 1967-02-07 ·cited 7×
  This case addresses whether a transferee of a liquor license can obtain a zoning variance based on the hardship of the transferor (original licensee) whose property was taken by eminent domain. The court held that a variance requires exceptional hardship unique to the applicant,
• State Rd. Dep't of Fla. v. Thibaut
  190 So. 2d 53· Fla. 4th DCA· 1966-09-02 ·cited 7×
  The State Road Department appealed a jury verdict awarding moving expenses to landowners whose property was partially condemned for highway construction. The court held that a lessee under a written lease for a term of years is entitled to compensation for reasonable moving costs
• United States v. Certain Lands IN the City OF Statesboro
  341 F.2d 742· 5th Cir.· 1965-02-25 ·cited 7×
  The court held that the trial judge's confirmation of the commission's award was improper because it was based on counsel's summaries rather than a review of the evidence transcript.
• C. C. Moore and wife v. State Rd. Dep't of the State of Fla.
  171 So. 2d 25· Fla. 1st DCA· 1965-01-19 ·cited 7×
  Landowners sought an injunction to prevent the State Road Department from constructing a new bridge across an inland waterway, claiming it would impair their riparian rights. The court held that while the bridge restricts public navigation rights, it does not impair the owners' r
• Burkart v. City OF Fort Lauderdale
  156 So. 2d 752· Fla. 2d DCA· 1963-10-09 ·cited 7×
  Burkart v. City of Fort Lauderdale addresses riparian rights in submerged lands fronting a dedicated public street. The court held that when a public street is platted to abut navigable waters, the dedication of the street to the public operates to relinquish the abutting landown
• Chicago v. Stude
  204 F.2d 954· 8th Cir.· 1953-06-17 ·cited 7×
  The court held that the filing of a complaint alleging diversity of citizenship and the requisite amount in controversy properly invoked the original jurisdiction of the federal district court, notwithstanding a prior, procedurally flawed attempt to appeal a state administrative
• Miller v. United States
  159 F.2d 997· 9th Cir.· 1947-02-11 ·cited 7×
  The court held that while aboriginal Indian title was extinguished by the 1867 treaty, subsequent Congressional acts recognized a compensable possessory right for Tlingit Indians occupying Alaska tidelands, allowing them to sue for compensation in condemnation proceedings.
• Fleming v. State Rd. Dep't of the State of Fla.
  157 Fla. 170· Fla.· 1946-03-08 ·cited 7×
  The Florida Supreme Court held that property owners abutting a state highway have a right to convenient ingress and egress facilities, and may seek equitable relief when a public authority materially abridges these rights. The court reversed a dismissal of a bill of complaint see
• Nat'l Brick Co. v. United States
  D.D.C.· 1942-10-26 ·cited 7×
  The court held that the trial court erred in excluding evidence regarding the value of the sand in the bank and the land's adaptability for sand extraction, as this is a proper element of just compensation.
• Sabal Trail Transmission, LLC v. 2.468 Acres of Land in Levy Cnty. Fla.
  59 F.4th 1158· 11th Cir.· 2023-02-03 ·cited 6×
  A natural gas company sought to condemn property in Florida for a pipeline easement under the federal eminent domain power granted by the Natural Gas Act, resulting in a dispute over whether federal or state law determines the measure of compensation the company must pay to the l
• Highlands-In-The-Woods, L.L.C. v. Polk Cnty.
  217 So. 3d 1175· Fla. 2d DCA· 2017-04-28 ·cited 6×
  Highlands-In-The-Woods challenged Polk County's permit conditions requiring installation and dedication of a reclaimed water system for a 60-lot subdivision, claiming the exactions constituted an unlawful taking. The Florida District Court of Appeal affirmed summary judgment for
• Brock v. Bowein
  99 So. 3d 580· Fla. 2d DCA· 2012-10-17 ·cited 6×
  The Clerk of the Circuit Court of Collier County sought to interplead funds held in the court registry that were subject to competing demands by a property owner and the School Board. The circuit court dismissed the interpleader action for failure to state a cause of action, but
• State v. Tire Ctrs., LLC
  895 So. 2d 1110· Fla. 4th DCA· 2005-01-26 ·cited 6×
  Florida DOT appeals a trial court's exclusion of evidence regarding mitigation of business damages in an eminent domain case involving a partial taking of Tire Centers' property. The court affirms, holding that business damages under Florida's eminent domain statute cannot be mit
• Sarasota Cnty. v. Curry
  861 So. 2d 1239· Fla. 2d DCA· 2003-12-12 ·cited 6×
  The court held that the trial court abused its discretion by awarding attorney's fees under section 73.092(1) when the benefits to the client were unascertainable. The case should be reconsidered under section 73.092(2).
• 325 W. Adams St., Ltd. v. City OF Jacksonville
  863 So. 2d 380· Fla. 1st DCA· 2003-12-12 ·cited 6×
  In an eminent domain case involving property taken for a courthouse, the appellate court affirmed the trial court's order for a new trial because the jury instruction on anticipating property value increases violated Florida statutory law by allowing consideration of value increa
• Bradfordville Phipps Ltd. P'ship v. Leon Cnty.
  804 So. 2d 464· Fla. 1st DCA· 2001-11-26 ·cited 6×
  Bradfordville Phipps Limited Partnership challenged an injunction that prohibited Leon County from issuing development permits in the Bradfordville Study Area, alleging an inverse condemnation claim. The court affirmed the trial court's summary judgment for the County, holding th
• State v. Skinners Wholesale Nursery, Inc.
  736 So. 2d 3· Fla. 1st DCA· 1998-11-20 ·cited 6×
  The Florida Department of Transportation appeals a trial court's award of $98,000 in appellate attorney's fees to Skinners Wholesale Nursery, arguing the amount is excessive and improperly includes a contingency risk factor enhancement. The appellate court reverses, holding that
• Seminole Cnty. v. Boyle Inv. Co.
  719 So. 2d 1004· Fla. 5th DCA· 1998-10-30 ·cited 6×
• Zebulon Teeter, Jr. v. Dep't OF Transp.
  713 So. 2d 1090· Fla. 5th DCA· 1998-07-17 ·cited 6×
  In consolidated eminent domain appeals, property owners challenged attorney's fee awards, arguing they were entitled to fees under both subsections of Florida's eminent domain attorney's fees statute. The court affirmed the trial court's decision to award fees based solely on mon
• The Night Flight, Inc. v. Tampa-Hillsborough Cnty. Expressway Auth.
  702 So. 2d 538· Fla. 2d DCA· 1997-10-29 ·cited 6×
  In this eminent domain case, Night Flight, Inc. challenges a summary judgment denying its claims for relocation expenses and business damages after a building housing its bottle club was condemned. The court holds that factual disputes preclude summary judgment for either party o
• Dep't OF Env't Prot. v. Gibbins
  696 So. 2d 888· Fla. 5th DCA· 1997-06-13 ·cited 6×
  The Florida Department of Environmental Protection appealed an award of attorney's fees to a property owner who defeated DEP's efforts to access his land for petroleum contamination investigation. The court held that DEP's administrative order and injunction petition did not cons
• Dep't OF Transp. v. Springs Land Invs. Ltd.
  695 So. 2d 414· Fla. 5th DCA· 1997-05-16 ·cited 6×
  The Department of Transportation appeals from an award of $145,553 in surveying, engineering, and planning fees to Springs Land, a property owner in an eminent domain proceeding. The court reversed, holding that a substantial portion of the fees ($89,819) were not reasonably and
• Seminole Cnty. v. Rollingwood Apts., Ltd.
  678 So. 2d 370· Fla. 5th DCA· 1996-06-14 ·cited 6×
  Seminole County appeals an attorney's fee award in an eminent domain case. The Fifth District Court of Appeal reverses the fee award, holding that the trial court's method of calculating fees violates the statutory requirements under Florida's eminent domain attorney's fee statut
• City OF Ocala v. RED OAK Farm, Inc.
  636 So. 2d 81· Fla. 5th DCA· 1994-03-25 ·cited 6×
  The City of Ocala appealed the dismissal of its eminent domain petition to acquire land for an electrical substation. The court affirmed dismissal, holding that while Chapter 180 allows municipalities to exercise utility powers outside city limits, strict statutory compliance wit
• Test v. Broward Cnty.
  616 So. 2d 111· Fla. 4th DCA· 1993-03-24 ·cited 6×
  Broward County condemned residential property near Fort Lauderdale-Hollywood International Airport for expansion purposes. The appellants challenged the condemnation as lacking specific necessity and as selective targeting of residential property. The court affirmed, finding that
• Indian River Cnty. v. Indian River W., Inc.
  609 So. 2d 712· Fla. 4th DCA· 1992-12-02 ·cited 6×
• LEE Cnty. v. Sager
  595 So. 2d 177· Fla. 2d DCA· 1992-02-21 ·cited 6×
  Lee County initiated eminent domain proceedings and made an offer of judgment of $123,900. When the jury verdict was $122,000 (below the offer), the trial court added statutory interest of $5,509, resulting in a total judgment of $127,509. The court held that prejudgment interest
• Broward Cnty. v. Carney
  586 So. 2d 425· Fla. 4th DCA· 1991-09-04 ·cited 6×
  Broward County appeals from a trial court's order requiring it to deposit funds in excess of its good faith estimate of value in an eminent domain proceeding involving three single-family home parcels. The court affirms, holding that the order of taking determines the right to im
• Dep't of Agric. & Consumer Servs. v. Schick
  580 So. 2d 648· Fla. 1st DCA· 1991-04-29 ·cited 6×
  The Department of Agriculture and Consumer Services appeals an attorney's fee award in an inverse condemnation case, challenging the trial court's application of a Rowe risk multiplier. The court reverses the fee award, holding that contingency risk multipliers cannot be applied
• United States v. 27.93 Acres OF Land
  924 F.2d 506· 3d Cir.· 1991-01-29 ·cited 6×
  The court held that the district court did not abuse its discretion in denying discovery requests for the government's motive and prior appraisals, nor in excluding evidence of commercial value and internal valuations, as the DiSantos failed to demonstrate a reasonable probabilit
• Sarasota-Manatee Airport Auth. v. Icard
  567 So. 2d 937· Fla. 2d DCA· 1990-09-07 ·cited 6×
  The Sarasota-Manatee Airport Authority appealed a partial summary judgment finding that jet aircraft overflights constituted a taking of an avigational easement over the appellees' property. The court reversed, holding that under Florida law, a taking through inverse condemnation
• State v. Beta Developers, Inc.
  554 So. 2d 555· Fla. 1st DCA· 1989-12-01 ·cited 6×
  The Florida Department of Transportation appealed an award of $165,000 in attorney's fees to property owners in an eminent domain proceeding, arguing the trial court lacked jurisdiction and abused its discretion. The appellate court affirmed the fee award, holding that the admini
• Fla. Dep't OF Transp. v. Weggies Banana Boat
  545 So. 2d 474· Fla. 2d DCA· 1989-06-21 ·cited 6×
  A jury verdict, once rendered and polled, cannot be impeached by jurors after discharge, even if they later claim their initial responses were untruthful.
• Hicks v. State
  541 So. 2d 1309· Fla. 4th DCA· 1989-04-12 ·cited 6×
  A business owner whose Chevron service station was condemned appealed the denial of business damages compensation. The court held that the statutory requirement of "more than five years' standing" refers to the continuous operation of the business at the location, not the ownersh
• Division of Administration v. Grossman
  536 So. 2d 1181· Fla. 3d DCA· 1989-01-10 ·cited 6×
  The Florida Department of Transportation appealed a trial court's order vacating a dismissal of an eminent domain action under the "quick take" statute. The court affirmed, holding that once a landowner timely answers and demands a jury trial in a condemnation proceeding, the act
• T.J. Fountain, Jr. v. Metro. Atlanta Rapid Transit Auth.
  849 F.2d 1412· 11th Cir.· 1988-07-21 ·cited 6×
  The court held that Fountain's federal inverse condemnation claims were precluded by the doctrine of collateral estoppel because the issue of whether a 'taking' occurred was actually litigated and determined in the prior state court proceedings.
• United States v. 10
  850 F.2d 634· 10th Cir.· 1988-06-30 ·cited 6×
  The court held that a landowner's opinion testimony regarding property value is admissible without further qualification, and the basis for that testimony goes to its weight, not its admissibility. The district court erred by refusing to allow the landowner to testify as to the v
• United States v. 22.80 Acres OF Land
  839 F.2d 1362· 9th Cir.· 1988-02-23 ·cited 6×
  The court held that the trial court was not restricted to a particular method in determining fair market value for condemned material and that its reliance on expert testimony was not clearly erroneous.
• Odell O. Sasnett v. Tampa Elec. Co.
  513 So. 2d 157· Fla. 2d DCA· 1987-08-12 ·cited 6×
  The court held that the appellant lacks standing to challenge the constitutionality of the statute and that the right to business damages is a matter of legislative grace, not constitutional entitlement.
• State v. Fortune Fed. Sav. & Loan Ass'n
  507 So. 2d 1172· Fla. 2d DCA· 1987-05-29 ·cited 6×
  The Florida Department of Transportation sought to take an entire property parcel under section 337.27(3) to minimize acquisition costs, but the court held the statute unconstitutional as it permitted taking property beyond what was necessary for the public purpose, violating Flo
• United States v. 8.41 Acres OF Land
  783 F.2d 1256· 5th Cir.· 1986-03-03 ·cited 6×
  The court held that prior decisions in this protracted litigation established the law of the case, foreclosing further challenges to the compensation methodology or evidentiary record.
• Div. OF Admin. State of Fla. Dep't OF Transp. v. Ideal Holding Co. & John R. King
  480 So. 2d 243· Fla. 4th DCA· 1985-12-31 ·cited 6×
  The State of Florida appealed an order awarding attorney's fees and costs to property owners in a condemnation proceeding under Chapter 73, Florida Statutes. The owners successfully defended against the State's condemnation action by filing a counterclaim for inverse condemnation
• Columbia GAS Transmission Corp. v. An Exclusive GAS Storage Easement
  776 F.2d 125· 6th Cir.· 1985-10-30 ·cited 6×
  A certificate of public convenience and necessity for gas storage operations must geographically encompass the property sought to be condemned, and the Natural Gas Act's eminent domain provision can be interpreted to include underground storage facilities.
• Wash. Water Power Co. v. Fed. Energy Regulatory Comm'n
  775 F.2d 305· D.C. Cir.· 1985-10-18 ·cited 6×
  The Federal Power Act applies to the dam because the river is navigable, the project is on a U.S. reservation, and it affects interstate commerce, and the 1905 Act did not grant the right to build a dam, thus FERC can require a license.
• Outboard Marine Corp. v. Thomas
  773 F.2d 883· 7th Cir.· 1985-09-23 ·cited 6×
  The court held that the EPA lacked statutory authority under CERCLA to obtain an administrative warrant for preliminary design and surveying activities on private property when no emergency existed.
• Myron v. Consol. Rail Corp.
  752 F.2d 50· 2d Cir.· 1985-01-08 ·cited 6×
• ST. Genevieve GAS Co., Inc. v. Tenn. Valley Auth.
  747 F.2d 1411· 11th Cir.· 1984-12-05 ·cited 6×
  The court held that while the mineral leases had no commercial value, the government's taking of these leases entitled the owner to nominal damages because the right to exclude others is a legal entitlement.
• Indianapolis Colts v. Mayor & City Council OF Baltimore
  733 F.2d 484· 7th Cir.· 1984-05-08 ·cited 6×
  The court granted the City of Baltimore's motion to stay the injunction preventing its eminent domain action but denied its request to enjoin the Colts from preparing to play in Indianapolis.