Eminent Domain

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

• Certain Land IN the City OF Wash. v. United States
  355 F.2d 825· D.C. Cir.· 1965-12-23 ·cited 6×
  The court held that the Government was entitled to fair and equitable rent for the period between the declaration of taking and the property's surrender, and that evidence of the Government's proposed rental value was inadmissible.
• Austin v. Cooper Jackson
  353 F.2d 910· 4th Cir.· 1965-12-06 ·cited 6×
  The court affirmed the district court's decision to vacate the Review Committee's redetermination and remand the case, finding the committee's factual findings and reasoning insufficient for judicial review.
• H & R Corp. v. Dist. OF Columbia
  351 F.2d 740· D.C. Cir.· 1965-05-07 ·cited 6×
  The court held that the trial judge erred by instructing the jury not to consider the possibility of rezoning as an element of fair market value, and by excluding relevant evidence.
• Allen T. White et ux. v. Pinellas Cnty.
  174 So. 2d 88· Fla. 2d DCA· 1965-03-24 ·cited 6×
  Allen T. White and spouse appeal a summary judgment dismissing their claim for damages against Pinellas County for cutting vegetation on their land during adjacent right-of-way maintenance. The court affirmed, holding that the county's trespass did not constitute a compensable ta
• United States v. 50 Foot Right OF WAY OR Servitude IN
  337 F.2d 956· 3d Cir.· 1964-10-30 ·cited 6×
  The United States must pay just compensation for taking a right of way across submerged land for a pipeline not in aid of navigation.
• United States ex rel. Tenn. Valley Auth. v. An Easement & Right OF WAY Over Land IN Logan Cnty.
  336 F.2d 76· 6th Cir.· 1964-08-27 ·cited 6×
  The court held that the appeal regarding TVA's authority to take the property was not properly before it due to lack of a final judgment, but affirmed the compensation award of $4,300 as fair.
• State Rd. Dep't of Fla. v. Peter
  165 So. 2d 771· Fla. 2d DCA· 1964-06-26 ·cited 6×
  The court held that the jury should not have considered damages for business interruption because the respondents failed to establish a predicate under the controlling statute.
• Loughran v. United States
  317 F.2d 896· D.C. Cir.· 1963-04-18 ·cited 6×
  The court held that the judgments granting possession and finding a public purpose were final and appealable because the property would be transferred to an immune entity, precluding the owners from contesting the taking's validity.
• State Rd. Dep't of Fla. v. Jerry J. Chicone et ux.
  148 So. 2d 532· Fla. 2d DCA· 1962-12-21 ·cited 6×
  The Florida appellate court affirmed the trial court's grant of a new trial in a condemnation proceeding, holding that evidence of property value decreases caused by the prospect of the public taking should not have been admitted under the Sunday v. Louisville and Nashville Railw
• Calvo v. United States
  303 F.2d 902· 9th Cir.· 1962-06-05 ·cited 6×
  The court held that the District Court erred in fixing the valuation date as 1949; the correct valuation date is August 7, 1958, the date the declaration of taking was filed. The court also rejected the argument that the government should not pay for enhanced value due to its pri
• United States v. Certain Interests IN Prop. Situate IN the Borough OF Brooklyn
  302 F.2d 201· 2d Cir.· 1962-04-25 ·cited 6×
  The court held that the condemnees' continued possession after title vested in the United States did not constitute acceptance of the government's proposed management agreement, and thus the government was entitled to the reasonable rental value of the premises, not an accounting
• Cent. Elec. & GAS Co. v. City OF Stromsburg
  289 F.2d 217· 8th Cir.· 1961-04-07 ·cited 6×
  The court held that the trial judge's interpretation of Nebraska law regarding the sufficiency of notice and property description for a municipal condemnation election was permissible and not contrary to state law.
• State Rd. Dep't OF Fla. v. Cline
  122 So. 2d 827· Fla. 3d DCA· 1960-09-12 ·cited 6×
  This case involves a dissenting opinion arguing that damage to private property caused by road construction, even if due to negligence, does not constitute a constitutional 'taking' for which the State Road Department is liable, especially given its immunity from tort suits.
• Coral-Glade Co. v. Bd. OF Pub. Instruction OF Dade Cnty.
  122 So. 2d 587· Fla. 3d DCA· 1960-07-21 ·cited 6×
  The court held that evidence of potential future development and associated costs, which were speculative, was properly excluded in an eminent domain proceeding.
• I. Robert Wright and wife v. United States
  279 F.2d 517· Ct. Cl.· 1960-06-08 ·cited 6×
  The United States is liable for the taking of an avigation easement over plaintiffs' property due to low-altitude jet flights, even when conducted by the Air National Guard with government support and permission.
• Carmichall v. United States
  273 F.2d 392· 5th Cir.· 1960-01-06 ·cited 6×
  The court held that the Stearns machine, mold boxes, and conversion parts were fixtures and part of the real estate taken by eminent domain, entitling the owners to compensation. The court also found insufficient evidence to support the jury's valuation of machinery and equipment
• Iowa Elec. Light & Power Co. v. City OF Lyons
  265 F.2d 273· 8th Cir.· 1959-04-17 ·cited 6×
  The court held that the trial court did not err in determining that the City sufficiently complied with Nebraska law regarding the condemnation of the gas system, as the ballot used, while not explicitly mentioning eminent domain, was not misleading.
• S. Amusement Co. v. United States
  265 F.2d 34· 5th Cir.· 1959-03-24 ·cited 6×
  The court held that the trial court properly excluded speculative evidence regarding potential future uses of the condemned land and that the landowner was not entitled to interest on deposited funds due to their own inaction.
• Cent. & S. Fla. Flood Control Dist. v. Dupuis
  109 So. 2d 596· Fla. 3d DCA· 1959-03-03 ·cited 6×
  The court reversed a prior order that denied the District's motion to dismiss the cause, holding that the relief sought by the plaintiff was unwarranted based on previous rulings.
• United States v. Kooperman
  263 F.2d 331· 2d Cir.· 1959-02-03 ·cited 6×
  The court held that the trial court's finding of highest and best use was not clearly erroneous and that severance damages were correctly denied.
• Frank Mashuda Co. v. Cnty. OF Allegheny & Martin W. Wise, Inc.
  256 F.2d 241· 3d Cir.· 1958-06-10 ·cited 6×
  The federal court has jurisdiction to entertain a suit challenging the validity of a state eminent domain proceeding, even if a separate state action is pending to determine damages.
• Bibb Cnty. v. United States
  249 F.2d 228· 5th Cir.· 1957-11-01 ·cited 6×
  The court held that the government, as a condemnor for public use, is not required to pay for improvements it made on leased land, even if they were not removed before the lease expired, to prevent unjust enrichment of the landowner.
• Mayme J. Riley v. Dist. of Columbia Redev. Land Agency
  246 F.2d 641· D.C. Cir.· 1957-04-22 ·cited 6×
  The court held that the jury should have been instructed on the meaning of 'terms equivalent to cash' when evaluating the property's fair market value, especially given the divergent evidence and factual errors by appraisers.
• Intertype Corp. v. Clark-Congress Corp.
  240 F.2d 375· 7th Cir.· 1957-01-24 ·cited 6×
  The court held that the prior judgment dismissing the counterclaim was res judicata, and that the plaintiff could not recover additional damages from the landlord for the government's exercise of eminent domain.
• Martin v. United States
  240 F.2d 326· 4th Cir.· 1957-01-07 ·cited 6×
  The court held that the mere filing of a map showing land taken for a highway, without any physical entry or assertion of dominion, is insufficient to divest the owner of title.
• DOW v. United States
  238 F.2d 898· 5th Cir.· 1956-12-11 ·cited 6×
  The court held that a claim for compensation for condemned property arises and vests in the owner upon the filing of a declaration of taking, not upon the government's initial possession.
• Cohen v. Wasserman
  238 F.2d 683· 1st Cir.· 1956-12-05 ·cited 6×
  A mesne process attachment in Massachusetts creates a valid lien that, when property is taken by eminent domain, transforms into an equitable lien enforceable against the condemnation award proceeds, even if judgment is obtained after the taking.
• Laycock v. United States
  230 F.2d 848· 9th Cir.· 1956-03-06 ·cited 6×
  The court held that consent to sue the United States regarding claims arising from gold acquisition and involving the regulation of money's value was withdrawn by statute, thus divesting the court of jurisdiction.
• Ruth Lewis Baber and husband v. Tex. Utils. Co. & Tex. Power & Light Co.
  228 F.2d 665· 5th Cir.· 1956-01-06 ·cited 6×
  The court held that federal courts should not enjoin state condemnation proceedings, as state courts can address federal constitutional claims.
• Richland Irrigation Dist. v. United States
  222 F.2d 112· 9th Cir.· 1955-04-27 ·cited 6×
  The dissenting judge would reverse the judgment because the defendant was deprived of a jury trial on the valuation of water rights.
• United States v. Twin City Power Co. of Ga.
  221 F.2d 299· 5th Cir.· 1955-04-12 ·cited 6×
  The court held that when the government condemns fast lands bordering a navigable stream for a water power project, the landowners are entitled to compensation for the land's value as a potential power site.
• State of Cal. v. United States Dist. Court in & for S. Dist. of Cal.
  213 F.2d 818· 9th Cir.· 1954-06-03 ·cited 6×
  The court held that the circumstances did not warrant the issuance of extraordinary writs (prohibition or mandamus) to annul the district court's order joining the United States as a party or to dismiss actions against other petitioners.
• United States v. Catlin
  204 F.2d 661· 7th Cir.· 1953-04-17 ·cited 6×
  The court held that the jury instruction preventing consideration of the government's use of the property for an ordnance depot in determining just compensation was proper, as the unique military purpose did not create a market value enhancement for the owner.
• Kelly v. Bowman
  202 F.2d 275· 7th Cir.· 1953-03-02 ·cited 6×
  The court affirmed the lower court's determination of land title but remanded for modification of the building removal order due to expired deadlines.
• Nicholson v. Weaver
  194 F.2d 804· 9th Cir.· 1952-02-27 ·cited 6×
  The court held that the defendant's leasehold and option interest in the condemned property was a compensable right that entitled him to a share of the award.
• Scott v. United States
  190 F.2d 134· 5th Cir.· 1951-06-25 ·cited 6×
  The court held that the motion to set aside the default judgment was properly denied because the service of process complied with Mississippi statutes, and even if Catherine Scott was incompetent, the judgment was voidable, not void, and no meritorious defense was shown.
• United States v. Five Parcels of Land in Harris Cnty.
  180 F.2d 75· 5th Cir.· 1950-02-16 ·cited 6×
  The government is not required to compensate landowners for enhancements in property value created solely by the government's own expenditures and improvements.
• United States v. Pennsylvania-Dixie Cement Corp.
  178 F.2d 195· 6th Cir.· 1949-12-08 ·cited 6×
  The court held that the proper measure of just compensation for property taken by eminent domain is its fair market value, and the trial court erred by basing the award on the cost of replacement sand rather than market value.
• United States v. Martin
  177 F.2d 733· D.C. Cir.· 1949-10-31 ·cited 6×
  The court held that while riparian owners have a qualified right to fill land, these fills and structures are subject to federal power over navigation and can be taken without compensation. The District Court's judgment was modified to reflect this.
• United States v. Priest Rapids Irr. Dist.
  175 F.2d 524· 9th Cir.· 1949-06-21 ·cited 6×
  The court's decision violates federal condemnation law, Washington state law, and the Fifth Amendment by improperly withholding condemnation awards from a dissolved corporation.
• Chesapeake & O. Ry. Co. v. Greenup Cnty.
  175 F.2d 169· 6th Cir.· 1949-06-03 ·cited 6×
  The court held that a county cannot be estopped from exercising its power of eminent domain by a prior contract, but the railroad company is entitled to challenge the necessity of the condemnation in the proceeding.
• Comparet v. United States
  164 F.2d 452· 10th Cir.· 1947-12-03 ·cited 6×
  The fair market value of property taken by eminent domain should be determined as of the date of taking, not the date of trial.
• Collector of Revenue Within & for the City of ST. Louis v. Ford Motor Co.
  158 F.2d 354· 8th Cir.· 1946-12-13 ·cited 6×
  Absent specific state law allowing apportionment, a tax lien on property condemned by the United States must be paid in its entirety from the award, and cannot be prorated.
• United States v. Carmack
  151 F.2d 881· 8th Cir.· 1945-11-06 ·cited 6×
  The court held that the General Acts of Congress did not authorize federal officials to condemn land already devoted to public use by a city, especially when it would interfere with local governmental functions and other sites were available.
• Town of S. Tucson v. Tucson Gas
  149 F.2d 847· 9th Cir.· 1945-06-12 ·cited 6×
  The court held that the municipality's failure to comply with statutory requirements regarding the description of properties in its condemnation resolution deprived the court of jurisdiction to proceed.
• Scott et ux. v. United States
  146 F.2d 131· 5th Cir.· 1944-12-13 ·cited 6×
  The court held that the trial court erred in instructing the jury that they could not consider any increased value of the land due to its proximity to Camp Bowie, as the jury could have found the land was not within the original scope of the project.
• United States v. Puget Sound Power & Light Co.
  147 F.2d 953· 9th Cir.· 1944-11-06 ·cited 6×
  A franchise to maintain utility poles and wires in a street, granted by a municipality, constitutes private property that is taken, not merely frustrated, by a federal condemnation of the underlying fee, and thus requires just compensation.
• Justice et ux. v. United States
  145 F.2d 110· 9th Cir.· 1944-10-10 ·cited 6×
  The court held that the trial court did not abuse its discretion in refusing to allow the jury to view the premises and that evidence of a prior jury award for adjoining land was inadmissible.
• Tigertail Quarries, Inc. v. United States
  143 F.2d 110· 5th Cir.· 1944-06-20 ·cited 6×
  The court held that the landowner was not entitled to compensation for any enhancement in property value that occurred after the initial condemnation proceedings began, if that enhancement was due to the government's project for which the land was taken.
• Cogswell v. Bd. of Levee Com'rs of Orleans Levee Dist.
  142 F.2d 750· 5th Cir.· 1944-05-18 ·cited 6×
  The court held that the suit did not present a federal question, thus the lower court lacked jurisdiction.