Eminent Domain

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

• People OF Puerto RICO v. United States
  134 F.2d 267· 1st Cir.· 1943-03-11 ·cited 6×
  The court held that the right to make future assessments for an irrigation system does not constitute a presently existing lien or property right compensable in a condemnation proceeding by the United States.
• Garrow v. United States
  131 F.2d 724· 5th Cir.· 1942-11-25 ·cited 6×
  The court held that the government's deposit of estimated just compensation in a condemnation proceeding is not binding on the government, and a jury may award a lesser amount.
• United States v. Elliott
  131 F.2d 720· 10th Cir.· 1942-11-09 ·cited 6×
  The court held that the Seneca Nation retained title to Turkey Island, which was east of the center of the non-navigable Grand River, as it was not relinquished under the 1832 treaty, and this title passed to the claimants via mesne conveyances.
• Cent. Neb. Pub. Power & Irrigation Dist. v. Fairchild
  126 F.2d 302· 8th Cir.· 1942-02-27 ·cited 6×
  The dissenting judge believes a property owner retaining possession during condemnation should account for the property's use value, not just collected rent, when claiming interest on damages.
• Schiefelbein et ux. v. United States
  124 F.2d 945· 8th Cir.· 1942-01-13 ·cited 6×
  A landowner is entitled to compensation when the government, exercising eminent domain, destroys the only access to their property by severing a public highway.
• United States v. Tilley
  124 F.2d 850· 8th Cir.· 1941-12-23 ·cited 6×
  The court held that the contract did not assign the water rights and that seepage waters can be recaptured and reused under Nebraska law.
• King v. Duval Cnty.
  128 Fla. 388· Fla.· 1937-06-03 ·cited 6×
  This case concerns whether surplus tolls from a bridge could be used for a new bridge construction, potentially impairing the contract of existing bondholders. The court found that once the sinking fund for existing bonds was satisfied, the surplus tolls became county property, u
• United States v. Archer
  241 U.S. 119· U.S.· 1916-05-01 ·cited 6×
  The Supreme Court reviewed whether the United States was liable for damages to Archer's plantation caused by the construction of the Leland Dike on his land as part of a federal levee system, without prior condemnation proceedings. The Court reversed and remanded the case, holdin
• Jacksonville v. Adams
  29 Fla. 260· Fla.· 1892-01-01 ·cited 6×
  The Florida Supreme Court held that an order dismissing a condemnation proceeding on constitutional grounds is appealable to the Supreme Court, rejecting the argument that such orders cannot be entered in the chancery order book or appealed. The decision clarifies that condemnati
• Edgerton v. The Mayor & Aldermen of the Town of Green Cove Springs
  19 Fla. 140· Fla.· 1882-06-01 ·cited 6×
  The Florida Supreme Court upheld a municipal ordinance granting a town the power to extend streets, take private property through eminent domain with compensation, and assess benefits to neighboring properties. The court rejected constitutional challenges to the statute under the
• Colin Mitchel and others v. The United States
  15 Pet. 52· U.S.· 1841-01-01 ·cited 6×
  In this appeal from a Florida court decision regarding land grants near Fort St. Marks, the Supreme Court affirmed that the Spanish fortress and a surrounding military reservation of approximately 1,500 Castilian varas (measured from the fort's salient angles) were properly excep
• Sheetz v. El Dorado Cnty.
  601 U.S. 267· U.S.· 2024-04-12 ·cited 5×
  The Supreme Court held that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions, rejecting California courts' view that the Nollan/Dolan test applies only to ad hoc administrative conditions. The Court vacated and remanded for
• Lynwood and Myrtle Viverette v. State
  227 So. 3d 1274· Fla. 1st DCA· 2017-10-06 ·cited 5×
  The Florida Department of Transportation sought to condemn a portion of private property through eminent domain. The appellate court reversed the condemnation order, finding the petition defective because the attached project resolution referenced outdated right-of-way maps that
• Rogers v. The United States
  184 So. 3d 1087· Fla.· 2015-11-05 ·cited 5×
  The Florida Supreme Court answered a certified question from the Federal Circuit regarding whether Florida law limits a railroad's property interest to an easement when deeds on their face convey fee simple title. The Court held that the unambiguous language of the deeds conveyed
• Teitelbaum v. S. Fla. Water Mgmt. Dist.
  176 So. 3d 998· Fla. 3d DCA· 2015-09-30 ·cited 5×
  Property owners in the Bird Drive Basin appealed a summary judgment dismissing their inverse condemnation and constitutional takings claims based on a theory of "condemnation blight." The court held that while condemnation blight is relevant to valuation in established taking cas
• City OF N. Miami Beach v. Reed
  863 So. 2d 351· Fla. 3d DCA· 2003-09-24 ·cited 5×
  The City of North Miami Beach appealed an attorney's fee award in an inverse condemnation case where property owners successfully challenged the elimination of vehicular access to their properties. The court affirmed the fee award but reversed the application of a 2.0 contingency
• State v. Suit City OF Aventura
  774 So. 2d 9· Fla. 3d DCA· 2000-07-19 ·cited 5×
  The Florida Department of Transportation appeals a trial court's inverse condemnation ruling that found the DOT's road improvement project at the intersection of Ives Dairy Road and Biscayne Boulevard caused a compensable taking by substantially diminishing access to an adjacent
• Seminole Cnty. v. Boyle Inv. Co.
  724 So. 2d 645· Fla. 5th DCA· 1999-01-08 ·cited 5×
  In this eminent domain case, the court granted Boyle Investment Company's motion for appellate attorney's fees against Seminole County, holding that Florida Statute section 73.131 mandates that a condemning authority must pay all reasonable appellate costs and attorney's fees whe
• Basic Energy Corp. v. State of Fla. Dep't OF Corr.
  709 So. 2d 124· Fla. 1st DCA· 1998-03-11 ·cited 5×
  Basic Energy Corporation challenged an order determining the date of appropriation in an eminent domain proceeding brought by the Department of Corrections to acquire title to property after the DOC had already constructed a prison on it. The court affirmed that "appropriation" u
• Joynt v. Orange Cnty.
  701 So. 2d 1249· Fla. 5th DCA· 1997-12-05 ·cited 5×
  In this eminent domain case, the Florida appellate court addresses whether the term "right-of-way" in the business damages statute is limited to road takings or can include drainage facility easements. The court reverses the trial court's restrictive interpretation and holds that
• Taylor v. State
  701 So. 2d 610· Fla. 2d DCA· 1997-10-29 ·cited 5×
  The court held that the trial court erred in excluding the landowner's claim for severance damages, as the proffered expert testimony was sufficient to invoke an exception to the general rule.
• Seminole Cnty. v. Coral Gables Fed. Sav. & Loan Ass'n
  691 So. 2d 614· Fla. 5th DCA· 1997-04-18 ·cited 5×
  The court held that section 73.092, Florida Statutes, is constitutional and does not unconstitutionally infringe on judicial powers, allowing the legislature to set attorney's fees as a percentage of the benefit obtained in eminent domain cases.
• Reynolds v. Cnty. OF Volusia
  659 So. 2d 1186· Fla. 5th DCA· 1995-08-18 ·cited 5×
  Property owners in a beachfront subdivision sought inverse condemnation against Volusia County after the County regulated public use of sandy beach in front of their lots. The court affirmed denial of the inverse condemnation claim, holding that the original 1889 plat dedication
• Broward Cnty. v. Conner
  660 So. 2d 288· Fla. 4th DCA· 1995-07-19 ·cited 5×
  The Fourth District Court of Appeal of Florida reversed a lower court's order for specific performance of a real estate agreement between Broward County and appellees. The appellate court found the agreement unenforceable due to violations of the Statute of Frauds and the Governm
• The City OF Live OAK v. Arlie K. Townsend and Rossie Townsend
  567 So. 2d 926· Fla. 1st DCA· 1990-09-05 ·cited 5×
  The trial court abused its discretion in denying challenges for cause against prospective jurors who demonstrated bias regarding eminent domain compensation.
• Consol. Gas Co. of Fla. v. City Gas Co. of Fla.
  665 F. Supp. 1493· S.D. Fla.· 1987-07-24 ·cited 5×
  A monopolist distributing natural gas, even in a regulated industry, is not completely immunized from federal antitrust laws if its conduct lacks clearly articulated state policy or active state supervision.
• United States v. Herring
  750 F.2d 669· 8th Cir.· 1984-12-14 ·cited 5×
  The court held that while the government acquired indefeasible title to the property upon filing the declaration of taking, the landowner retains an equitable lien for just compensation due to inadequate notice, which can be determined in the current proceedings.
• Indianapolis Colts v. Mayor & City Council OF Baltimore
  741 F.2d 954· 7th Cir.· 1984-08-10 ·cited 5×
  The dissenting judge holds that the Capital Improvement Board and the City of Baltimore are adverse claimants to the Colts franchise rights, satisfying the jurisdictional requirements for federal interpleader.
• Temistocles Ramirez de Arellano v. Caspar W. Weinberger
  724 F.2d 143· D.C. Cir.· 1983-12-22 ·cited 5×
  The court held that while the case is not a nonjusticiable political question, injunctive and declaratory relief are inappropriate due to foreign affairs concerns and the availability of monetary relief under the Tucker Act.
• Ryan v. Town OF Manalapan
  414 So. 2d 193· Fla.· 1982-05-06 ·cited 5×
  The Florida Supreme Court held that restrictive covenants on private land are not enforceable against a public body acquiring that land for public purposes, whether by eminent domain or by purchase and agreement. The Court affirmed the dismissal of the Town of Manalapan and Palm
• Maxwell and Reva Dauer v. Pichowski
  413 So. 2d 62· Fla. 2d DCA· 1982-03-19 ·cited 5×
  Pichowski and the Martino brothers appealed a trial court judgment awarding them a real estate brokerage commission on property that Hillsborough County acquired through condemnation proceedings. The court reversed, holding that a condemnation proceeding does not constitute a sal
• City OF Miami Beach v. Smith
  551 F.2d 1370· 5th Cir.· 1977-05-16 ·cited 5×
  The court held that Cameron-Brown was entitled to the condemnation award as the fee owner of the property, and that the appellants' claims of beneficial ownership, corporate opportunity, and judicial estoppel were without merit.
• Limmiatis v. The Canal Auth. of the State of Fla.
  253 So. 2d 912· Fla. 1st DCA· 1971-11-02 ·cited 5×
  In an eminent domain proceeding, the court affirmed the jury's award of $16,850.00 for land taken, finding no reversible error in the admission of testimony regarding enhancement of the remaining property.
• Benerofe v. State Rd. Dep't of Fla.
  210 So. 2d 28· Fla. 1st DCA· 1968-05-07 ·cited 5×
  In a condemnation action, the court upheld the trial court's ruling that a property owner could not introduce evidence of severance damages for loss of access where no limited access highway was being constructed and no actual taking of ingress or egress rights had occurred or wa
• Vill. OF Walthill v. Iowa Elec. Light & Power Co.
  228 F.2d 647· 8th Cir.· 1956-01-13 ·cited 5×
  The court held that a condemnation proceeding under Nebraska statutes had not reached the status of a civil action at the time of removal, and therefore the federal court erred in overruling the motion to remand.
• City of ST. Petersburg v. Atl. Coast Line R. Co.
  132 F.2d 675· 5th Cir.· 1943-01-07 ·cited 5×
  The court held that the city's ordinances vacating a street for a railroad freight depot were valid, and the city could not revoke them after decades of reliance and significant investment by the railroad.
• Boley v. The Cnty. of Escambia in the State of Fla.
  100 Fla. 505· Fla.· 1930-08-02 ·cited 5×
  The Florida Supreme Court affirmed the lower court's sustaining of a demurrer to an answer challenging Escambia County's condemnation of Boley's land for a public highway. The court held that the county's exercise of eminent domain authority will not be disturbed by courts absent
• E. Fla. Tel. Co. v. Seaboard Air Line Ry. Co.
  85 Fla. 378· Fla.· 1923-04-07 ·cited 5×
  The court considered whether a railroad company could obtain a mandatory injunction to remove a telephone company's poles and wires from its right-of-way after the telephone company had already constructed them without consent or compensation. The court held that a mandatory inju
• The Florida Bar v. Rush
  361 So. 3d 796· Fla.· 2023-05-04 ·cited 4×
  Attorney Brian P. Rush was suspended for three years from the practice of law for violating professional conduct rules by refusing to follow his client's directives to settle an eminent domain case and instead pursuing his own financial interests in seeking attorney's fees based
• Orlando/Orange Cnty. Expressway Auth. v. Tuscan Ridge, LLC
  84 So. 3d 410· Fla. 5th DCA· 2012-03-30 ·cited 4×
  OOCEA appeals an award of $816,000 in attorney's fees to landowners in an eminent domain proceeding. The court reverses, holding that the trial court erred in refusing to limit fees to those calculated under the "benefits achieved" formula in section 73.092(1), Florida Statutes,
• Pinellas Cnty. v. Baldwin
  80 So. 3d 366· Fla. 2d DCA· 2012-01-20 ·cited 4×
  Pinellas County challenged venue in an inverse condemnation suit filed by Ms. Baldwin in Hillsborough County for alleged unlawful flooding of her property. The court affirmed the denial of the County's motion to dismiss, holding that the sword-wielder exception to the home venue
• Pompano Beach Cmty. Redev. Agency v. Holland
  82 So. 3d 1034· Fla. 4th DCA· 2011-09-14 ·cited 4×
  This appeal addresses which writing constitutes the "first written offer" under Florida's eminent domain attorney's fees statute. The court reversed the trial court's determination that an unexecuted purchase contract was the first written offer, holding instead that a compliance
• Fla. Dep't OF Env't Prot. v. West
  21 So. 3d 96· Fla. 3d DCA· 2009-10-21 ·cited 4×
  The Florida Department of Environmental Protection appealed jury verdicts awarding compensation to property owners for the state's taking of two parcels of land in Key Largo. The court affirmed, holding that compensation must be based on the property's value considering the highe
• In re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation
  30 So. 3d 477· Fla.· 2009-10-15 ·cited 4×
  The Florida Supreme Court adopted amendments to civil and family law procedural forms and rules in response to comments received on proposed amendments to manage complex litigation cases. The Court modified the Civil Cover Sheet (Form 1.997), Final Disposition Form (Form 1.998),
• Est. of McCall v. United States
  663 F. Supp. 2d 1276· N.D. Fla.· 2009-09-30 ·cited 4×
  The United States is liable under the FTCA for the death of a patient due to medical negligence by Air Force personnel, as their actions fell below the applicable standard of care and proximately caused the death.
• Broward Cnty. v. Eller Drive Ltd. P'ship
  939 So. 2d 130· Fla. 4th DCA· 2006-09-06 ·cited 4×
  Broward County appealed a trial court order declaring that Eller Drive, a lessee of county property, owned the building constructed on the leased premises and therefore must pay ad valorem taxes. The Fourth District reversed, holding that despite the lease's reversion clause, Ell
• Council A. Brown v. Dep't OF Transp.
  884 So. 2d 116· Fla. 2d DCA· 2004-07-02 ·cited 4×
  The court held that the trial court erred by excluding evidence and refusing a jury instruction regarding condemnation blight, which unfairly depressed the property's value.
• Pichowski v. Fla. GAS Transmission Co.
  857 So. 2d 219· Fla. 2d DCA· 2003-08-08 ·cited 4×
  Florida Gas Transmission Company sought to use quick-take eminent domain procedures under chapter 74 to acquire property for a natural gas pipeline. The court held that FGTC, as a private wholesale natural gas transmission company, does not qualify as a public utility corporation
• Dep't OF Transp. v. Duplissey
  751 So. 2d 117· Fla. 5th DCA· 2000-01-07 ·cited 4×
  In this eminent domain case, the Florida Fifth District Court of Appeal reversed a trial court's order granting a new trial on severance damages, holding that a jury may award severance damages less than both the condemnor's good faith deposit and the condemnee's expert testimony
• Dep't OF Transp. v. Jack's Quick Cash, Inc.
  748 So. 2d 1049· Fla. 5th DCA· 1999-11-19 ·cited 4×
  The Department of Transportation appealed a cost award in an eminent domain proceeding, challenging the trial court's award of expert witness fees incurred by the landowner in support of an unsuccessful business damage claim. The Fifth District Court of Appeal reversed, holding t