Eminent Domain

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

• Story v. Marsh
  732 F.2d 1375· 8th Cir.· 1984-04-13 ·cited 6×
  The court held that the Army Corps of Engineers' decision to artificially crevasse the frontline levee is an action committed to agency discretion and therefore unreviewable, and that the district court erred in granting an injunction and in its rulings on condemnation cases.
• Fla. Power & Light Co. v. First Nat'l Bank & Tr. Co. OF Riviera Beach
  448 So. 2d 1141· Fla. 4th DCA· 1984-04-11 ·cited 6×
  Florida Power and Light Company is not a "public body" under the statute, and therefore is not liable for business damages in this eminent domain proceeding.
• Young v. Palm Beach Cnty.
  443 So. 2d 450· Fla. 4th DCA· 1984-01-11 ·cited 6×
  Oliver Young appealed the dismissal of his inverse condemnation claim against Palm Beach County for noise damage to his residential property from aircraft operations at Palm Beach International Airport. The court reversed the dismissal, holding that Young adequately alleged a cau
• Kohl Indus. Park Co. (a Partnership) v. The Cnty. OF Rockland
  710 F.2d 895· 2d Cir.· 1983-06-07 ·cited 6×
  The settlement agreement cannot be enforced because it requires the condemning authority to take more property than the legislature deemed necessary, and the plaintiff's claim of a de facto taking is meritless.
• Fla. Power & Light Co. v. Berman
  429 So. 2d 79· Fla. 4th DCA· 1983-04-06 ·cited 6×
  Florida Power & Light Company appealed from a trial court order denying its petition to condemn a perpetual easement for a 69 KV electric transmission line along Old Sherman Road in Okeechobee County. The court held that the utility abused its discretion by selecting a route that
• Division of Administration v. Mobile GAS Co., Inc.
  427 So. 2d 1024· Fla. 1st DCA· 1983-02-16 ·cited 6×
  The Florida District Court of Appeal affirmed a trial court's order that determined the Department of Transportation (DOT) was liable for damages due to its failure to construct an access road as promised during a prior eminent domain proceeding. The court found that the subseque
• United States v. 428.02 Acres OF Land
  687 F.2d 266· 8th Cir.· 1982-09-03 ·cited 6×
  The court held that admitting evidence of an executory sales contract for condemned property, even if potentially influenced by the government project, was not an abuse of discretion, as such issues go to the weight of the evidence, not its admissibility. The court also held that
• United States v. 174.12 Acres OF Land
  671 F.2d 313· 9th Cir.· 1982-02-08 ·cited 6×
  The court affirmed the district court's judgment, holding that the landowner bears the burden of proving fair market value, the court did not err in its jury instructions regarding reasonable probabilities of land use and the effect of land use restrictions, and the appellants fa
• Division of Administration v. Lake OF THE Woods, Inc.
  404 So. 2d 186· Fla. 4th DCA· 1981-09-30 ·cited 6×
  A federal court on habeas corpus cannot re-examine questions of state law, and a governor's commutation of a death sentence does not violate federal constitutional rights.
• United States v. 3
  619 F.2d 288· 3d Cir.· 1980-04-23 ·cited 6×
  The court held that the government's condemnation of surface land, while exempting subsurface mineral interests, did not constitute a taking of those interests, and thus the jury should not have been allowed to award damages for them.
• Farmland Pres. Ass'n v. Goldschmidt
  611 F.2d 233· 8th Cir.· 1979-12-10 ·cited 6×
  The court held that the Environmental Impact Statement (EIS) adequately discussed the 'no action' and 'less than Interstate' alternatives, and that judicial review is limited to ensuring the EIS meets NEPA requirements and agency action is not arbitrary.
• Franquez v. United States
  604 F.2d 1239· 9th Cir.· 1979-09-24 ·cited 6×
• United States v. 494.10 Acres OF Land IN Cowley Cnty.
  592 F.2d 1130· 10th Cir.· 1979-02-05 ·cited 6×
  The court held that the commission's determination of highest and best use as agriculture, without assigning separate value to sand and gravel deposits, was supported by substantial evidence and applied correct legal standards.
• The Canal Auth. of the State of Fla. v. Ocala Mfg. Co. (Non Inc.)
  365 So. 2d 1060· Fla. 1st DCA· 1979-01-03 ·cited 6×
  The Canal Authority of Florida appealed a trial court judgment ordering rescission of a 1968 land conveyance to Ocala Manufacturing Company based on constructive fraud and failure of consideration. The court affirmed the rescission order, which required the company to repay the p
• The City OF Miami Beach v. Buckley
  363 So. 2d 360· Fla. 3d DCA· 1978-09-19 ·cited 6×
  The trial court erred in allowing evidence of rezoning probability for valuation in eminent domain proceedings.
• State of Fla. Dep't OF Natural Res. v. Hudson Pulp & Paper Corp.
  363 So. 2d 822· Fla. 1st DCA· 1978-09-18 ·cited 6×
  The Florida Department of Natural Resources sought to condemn subsurface oil, gas, and mineral rights owned by Ford through eminent domain to preserve a freshwater recharge area. The trial court granted Ford's summary judgment for full compensation based on his alleged ownership
• Division OF Administration v. Denmark
  356 So. 2d 15· Fla. 4th DCA· 1978-01-17 ·cited 6×
  The court held that the attorney's fee awarded in an eminent domain proceeding was excessive and constituted an abuse of discretion.
• Fla. E. Coast Ry. Co. v. City OF Miami
  346 So. 2d 621· Fla. 3d DCA· 1977-05-31 ·cited 6×
  The Florida East Coast Railway Company appeals an order of taking in an eminent domain proceeding where the City of Miami sought to condemn three parcels of land for a public park. The court reversed, holding that the City's initial authorizing resolution was grossly inadequate a
• Drew v. United States
  551 F.2d 85· 5th Cir.· 1977-04-25 ·cited 6×
• Forest Hills Util. Co. & David R. Pheils, Jr. v. City OF Heath
  539 F.2d 592· 6th Cir.· 1976-07-26 ·cited 6×
  The court held that the district court did not err in abstaining from hearing the utility company's claims, but that abstention was not appropriate for plaintiff Pheils' separate claims.
• State OF La. v. Lindsey
  524 F.2d 934· 5th Cir.· 1975-12-17 ·cited 6×
  Federal courts have jurisdiction under the Federal Power Act to condemn land for recreational sites appurtenant to a dam and reservoir project, and the 'scope-of-the-project' test applies to determine if such land was part of the original project, precluding enhancement claims.
• Salfi v. Division OF Administration
  312 So. 2d 781· Fla. 4th DCA· 1975-05-23 ·cited 6×
  Property owners challenged an eminent domain proceeding seeking to acquire their land for a highway rest area. The court held that while the condemning authority has power to condemn for rest areas as limited access facilities, the proceeding must be dismissed because the Resolut
• Blaine M. and Virginia C. Madden v. Commissioner OF Internal Revenue
  514 F.2d 1149· 9th Cir.· 1975-04-09 ·cited 6×
  Legal fees incurred in resisting condemnation of land for a reservoir are capital expenses, not ordinary and necessary business expenses, and thus are not deductible.
• Ocala Mfg. v. The Canal Auth. of the State of Fla.
  301 So. 2d 495· Fla. 1st DCA· 1974-10-10 ·cited 6×
  Ocala Manufacturing appealed a trial court judgment that denied recovery of attorney's fees and costs incurred when the Canal Authority manipulated federal condemnation proceedings to avoid paying such fees under Florida law. The appellate court reversed, finding that Ocala Manuf
• United States v. 45
  483 F.2d 569· 10th Cir.· 1973-08-24 ·cited 6×
  The court held that the admission of evidence regarding comparable sales was not erroneous because dissimilarity goes to the weight, not admissibility, and the trial court's jury instruction on just compensation was proper.
• United States v. 3
  481 F.2d 417· 8th Cir.· 1973-05-07 ·cited 6×
  The court held that a payment made by the government to a landowner to stop interest on a condemnation award, without a stay of execution, does not constitute satisfaction of the judgment if the award is later reversed, and the landowner must make restitution of any overpayment.
• United States v. 2
  471 F.2d 320· 5th Cir.· 1972-12-18 ·cited 6×
  The court held that the district court erred in finding the Canal Authority possessed a compensable interest in the federal condemnation proceeding's subject property, and thus Ocala Manufacturing should receive the full federal judgment award.
• The Town OF E. Haven v. E. Airlines, Inc.
  470 F.2d 148· 2d Cir.· 1972-11-22 ·cited 6×
  The court held that the City must pay for the easements it has already taken, affirming the lower court's damage award for the present invasion of property rights.
• Ball v. City OF Tallahassee
  269 So. 2d 750· Fla. 1st DCA· 1972-11-21 ·cited 6×
  The court held that the City of Tallahassee did not abuse its discretion in seeking a 200-foot easement for an electric transmission line, as evidence supported its necessity for present and future needs.
• United States v. 80.5 Acres OF Land
  448 F.2d 980· 9th Cir.· 1971-09-29 ·cited 6×
  The Secretary of the Interior was authorized under Section 3 of the Trinity River Project Act to condemn the landowners' property for purposes of access to the project area, even if that access facilitated recreational use.
• United States v. Fuller
  442 F.2d 504· 9th Cir.· 1971-04-29 ·cited 6×
• United States v. 22
  438 F.2d 75· 5th Cir.· 1971-02-03 ·cited 6×
  The court held that the district court did not abuse its discretion in denying a late claim for compensation in a condemnation action after final judgments had been entered.
• State of Fla. Dep't OF Transp. v. E. H. Myers and wife
  237 So. 2d 257· Fla. 1st DCA· 1970-06-30 ·cited 6×
  The Florida Department of Transportation sought to acquire land for limited access purposes adjacent to an Interstate 10 interchange with State Road 83. The trial court restricted the taking, finding the department exceeded its delegated authority and acted arbitrarily. The appel
• Roman v. Mariano Acosta Velarde
  428 F.2d 129· 1st Cir.· 1970-05-26 ·cited 6×
  The Federal Tort Claims Act (FTCA) does not provide a supplementary forum for claims of permanent land takings, which should be pursued under the Tucker Act.
• Seadade Indus., Inc. v. Fla. Power & Light Co.
  232 So. 2d 46· Fla. 3d DCA· 1970-02-18 ·cited 6×
  Florida Power & Light sought to condemn a 4.5-mile strip of Seadade Industries' land for a cooling canal at its Turkey Point power plant. The court affirmed the taking for the canal, roads, and buffer zones as serving a valid public purpose, but reversed the award of fee simple t
• United States v. Certain Land
  415 F.2d 265· 2d Cir.· 1969-09-04 ·cited 6×
  The court held that the risk of vacancy award exceeded the actual economic loss suffered by the defendants, but remanded for further evidence to determine the direct economic loss caused by the government's options.
• United States v. Herrero
  416 F.2d 945· 9th Cir.· 1969-09-03 ·cited 6×
  The court held that the government's continued maintenance of a permanent public highway after lease expiration constituted a taking by seizure, making the earlier date controlling for compensation.
• State Rd. Dep't of Fla. v. Madge English Stack
  231 So. 2d 859· Fla. 1st DCA· 1969-08-19 ·cited 6×
  The Florida District Court of Appeal addresses whether evidence of a property's value as a borrow pit for dirt sales can be considered in an eminent domain valuation when the property's highest and best use prior to taking was as rural home sites. The court holds that such eviden
• Dade Cnty. v. Carr-Well Ests., Inc.
  32 Fla. Supp. 144· Dade Cty. Cir. Ct.· 1969-06-16 ·cited 6×
  In this pre-trial eminent domain proceeding, Dade County sought to acquire right-of-way to widen Bird Drive. The court ruled that Dade County's zoned right-of-way provisions, which required property owners to develop land conforming to future street widths rather than existing li
• Lake Charles Harbor & Terminal Dist. v. Mrs. Josephine Haltom Henning
  409 F.2d 932· 5th Cir.· 1969-04-03 ·cited 6×
  The court held that the expropriation of land for a future bulk handling facility by a harbor district was for a public purpose and did not violate the Fourteenth Amendment, and affirmed the trial court's valuation and award of expert fees.
• Hancock v. Wilford J. Piper and Alida Piper
  219 So. 2d 746· Fla. 2d DCA· 1969-03-07 ·cited 6×
  The Pipers conveyed a 100-foot right-of-way to Collier County in 1955 based on the County's promise to construct an 80-foot drainage canal. When the County constructed only an uneven ditch and later refused to build the promised canal, the Pipers sued. The trial court ordered the
• Lawrence D. Plante et ux. v. The Canal Auth. of the State of Fla.
  218 So. 2d 243· Fla. 1st DCA· 1969-01-28 ·cited 6×
  In this eminent domain appeal, the court addresses whether individual stockholders who owned hunting cabins on corporate land can recover compensation for their personal property improvements when that land is condemned. The court held that the cabins were personal property belon
• Finkel v. State Rd. Dep't of Fla.
  216 So. 2d 463· Fla. 1st DCA· 1968-12-10 ·cited 6×
  This case involves an appeal from an eminent domain proceeding where the appellants argued the trial court erred in its handling of appraiser testimony and jury instructions regarding setoffs for damages. The appellate court reversed the judgment, finding the trial court's action
• The Nat'l Bd. OF the Young Men's Christian Ass'ns v. The United States
  396 F.2d 467· Ct. Cl.· 1968-06-14 ·cited 6×
  The court held that the government's use of private buildings as a place of refuge and defense for troops, which led to enemy attack and destruction, constituted a compensable taking.
• Rufus F. Douglass et ux. v. Hillsborough Cnty.
  206 So. 2d 402· Fla. 2d DCA· 1968-01-17 ·cited 6×
  In an eminent domain proceeding, the trial court denied the appellants' claim for special damages for business loss when their coin laundry business was destroyed by the county's taking of property. The appellate court affirmed, holding that the statutory protection for business
• Fla. Bd. OF Forestry v. H.W. Lindsay et ux.
  205 So. 2d 358· Fla. 2d DCA· 1967-12-20 ·cited 6×
  The Florida Board of Forestry appealed a lower court decree enjoining it from interfering with the Lindsays' possession and use of 70 acres they purchased via Murphy Act deed in 1945. The appellate court affirmed, holding the State was legally estopped from denying the validity o
• United States v. Atomic Fuel Coal Co.
  383 F.2d 1· 4th Cir.· 1967-09-11 ·cited 6×
  The court held that Atomic Fuel Coal Company possessed a leasehold interest in minerals in place, not merely a revocable license, and was therefore entitled to just compensation for the condemned leasehold rights.
• United States v. Certain Prop. Located IN the Borough OF Manhattan
  388 F.2d 596· 2d Cir.· 1967-08-25 ·cited 6×
• Ozark Real Est. Co. v. United States
  377 F.2d 88· 8th Cir.· 1967-05-16 ·cited 6×
  The court held that the commission's report sufficiently revealed its reasoning and that the landowner could not challenge a procedural method it agreed to.
• United States v. Mattox
  375 F.2d 461· 4th Cir.· 1967-03-08 ·cited 6×
  A landowner is not entitled to severance damages for a diminished value of remaining property if that diminution is speculative and occurred before the landowner purchased the property, especially when the purchase occurred after a government project that rendered the contemplate