Eminent Domain

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

• State v. Fitzhugh Knox Powell & Naegele Outdoor Advertising of Jacksonville, Inc.
  721 So. 2d 795· Fla. 1st DCA· 1998-12-11 ·cited 4×
  The Florida Department of Transportation appealed a jury verdict awarding a billboard owner compensation in an eminent domain proceeding, challenging both the trial court's decision to hold separate trials and the valuation method used. The court affirmed, holding that while the
• C.E. Huffman Trucking, Inc. v. RED Cedar Corp.
  723 So. 2d 296· Fla. 2d DCA· 1998-10-28 ·cited 4×
  Red Cedar Corporation sued Manatee County and C.E. Huffman Trucking after the County demolished Red Cedar's building without proper notice. The trial court entered partial summary judgments finding both defendants liable and awarded Red Cedar $440,000 in damages. The appellate co
• City Nat'l Bank OF Fla. v. Dade Cnty.
  715 So. 2d 350· Fla. 3d DCA· 1998-08-12 ·cited 4×
  In an eminent domain case, a landowner appealed the trial court's exclusion of a conceptual site plan as evidence to support severance damages claims when the county condemned a small triangular portion of the owner's property. The court affirmed, holding that unapproved conceptu
• Palm Beach Cnty. v. Cove Club Invs. Ltd.
  692 So. 2d 998· Fla. 4th DCA· 1997-05-07 ·cited 4×
  Palm Beach County condemned a mobile home lot subject to a declaration requiring owners to pay monthly recreation fees to Cove Club Investors. The trial court found this created a compensable property right in Cove Club Investors for inverse condemnation purposes. The appellate c
• Brevard Cnty. v. Canaveral Props., Inc.
  689 So. 2d 1309· Fla. 5th DCA· 1997-03-27 ·cited 4×
  Brevard County appeals from an order awarding attorney's fees and costs in an eminent domain case. The court affirms the cost and expert fee awards but reverses the attorney's fees award because it was calculated based on a recovery amount that was subsequently reduced on appeal,
• State v. Ansbacher
  672 So. 2d 660· Fla. 1st DCA· 1996-05-02 ·cited 4×
  The Florida Department of Transportation appealed a jury verdict in an eminent domain case involving property condemnation for road reconstruction. The court reversed and remanded because the jury improperly awarded compensation for diminished property access caused by road closu
• Brevard Cnty. v. Canaveral Props., Inc.
  658 So. 2d 590· Fla. 5th DCA· 1995-07-07 ·cited 4×
  Brevard County appeals a jury verdict awarding severance damages to property owners in an eminent domain case involving the condemnation of land for highway extension. The appellate court reverses, holding that the evidence was insufficient to establish that 660 acres subdivided
• JFR Inv. v. Delray Beach Cmty. Redev. Agency
  652 So. 2d 1261· Fla. 4th DCA· 1995-04-12 ·cited 4×
  The court held that the city's eminent domain action to acquire property for a redevelopment project, including parking, was valid and supported by reasonable necessity.
• Whitlow v. S. Ga. Natural GAS Co.
  650 So. 2d 637· Fla. 1st DCA· 1995-01-31 ·cited 4×
  The court held that the trial court's order assessing attorney and appraiser fees was unclear and lacked sufficient record support, requiring remand.
• State v. BEN Hill Griffin, Inc.
  636 So. 2d 825· Fla. 2d DCA· 1994-05-04 ·cited 4×
  The Florida Department of Transportation appealed a judgment awarding attorney's fees to Ben Hill Griffin, Inc. in an eminent domain proceeding. The court reversed, holding that attorney's fees under Florida's eminent domain statute require the party to have an ownership interest
• Bell v. W.T. COX, Jr.
  642 So. 2d 1381· Fla. 5th DCA· 1994-04-29 ·cited 4×
  Louis A. Bell appeals a trial court judgment granting W.T. Cox, Jr. a statutory way of necessity easement under Florida law over Bell's property to provide Cox's landlocked parcel access to a public road. The appellate court affirms the judgment, rejecting Bell's constitutional c
• RED OAK Farm, Inc. v. City OF Ocala
  636 So. 2d 97· Fla. 5th DCA· 1994-03-31 ·cited 4×
  Red Oak Farm sought certiorari review of a circuit court order denying its motion to dismiss and motion to abate in an eminent domain proceeding. The court granted the writ, finding that the City's second eminent domain action against Red Oak involved identical parties, land, and
• City OF Cocoa v. Holland Props., Inc.
  625 So. 2d 17· Fla. 5th DCA· 1993-09-03 ·cited 4×
  The City of Cocoa appeals the trial court's denial of an order of taking for Holland Properties' land needed for water well sites. The appellate court reverses, holding that Cocoa satisfied its burden of establishing reasonable necessity for the taking through the state water man
• Dep't OF Transp. v. L.I. Gefen
  620 So. 2d 1087· Fla. 1st DCA· 1993-06-28 ·cited 4×
  The Florida Supreme Court held that a property owner does not have a compensable taking when access to an interstate highway is closed if access to abutting streets remains undiminished, even if commercial value is substantially reduced.
• Palm Beach Cnty. v. Wright
  612 So. 2d 709· Fla. 4th DCA· 1993-01-27 ·cited 4×
  The court should reverse the trial court's order finding the county's thoroughfare map facially unconstitutional.
• Partyka v. Fla. Dep't of Transp.
  606 So. 2d 495· Fla. 4th DCA· 1992-10-21 ·cited 4×
  In an eminent domain action where the State condemned part of Partyka's property for road widening, the trial court excluded her site plan exhibits and gave improper jury instructions on severance damages. The Fourth District reversed and remanded for a new trial, holding that si
• Shannon Props., Inc. v. Tampa-Hillsborough Cnty. Expressway Auth.
  605 So. 2d 594· Fla. 2d DCA· 1992-09-30 ·cited 4×
• Royal Caribbean Corp. & Caribbean Cruise Line, Ltd. v. Puerto RICO Ports Auth.
  973 F.2d 8· 1st Cir.· 1992-08-19 ·cited 4×
  The Puerto Rico Ports Authority does not enjoy Eleventh Amendment immunity when operating and maintaining its docks because its activities are proprietary, not governmental, and it functions with significant autonomy.
• Columbia GAS Transmission Corp. v. An Exclusive Natural GAS Storage Easement in the Clinton Subterranean Geological Formation Beneath a 264.12 Acre Parcel in Plain Twp.
  962 F.2d 1192· 6th Cir.· 1992-04-30 ·cited 4×
  The court held that the Natural Gas Act's eminent domain provision requires federal courts to adopt the law of the state where the property is located to determine just compensation.
• State v. Bennett
  592 So. 2d 1150· Fla. 4th DCA· 1992-01-08 ·cited 4×
  The Florida DOT appealed a jury verdict in a condemnation case awarding the Bennetts compensation for their nonconforming auto repair garage business. The court reversed the $41,000 award attributable to the nonconforming use, holding that compensation for avoiding compliance wit
• Maples v. State
  588 So. 2d 25· Fla. 1st DCA· 1991-10-21 ·cited 4×
  The court affirmed an order of taking for real property, finding that the landowners' challenge to the taking based on the Department of Transportation's alleged failure to meet permitting requirements was not properly preserved for appeal.
• United States v. 50.50 Acres OF Land
  931 F.2d 1349· 9th Cir.· 1991-05-01 ·cited 4×
  The court held that interest on deposited funds is only required if government action delays disbursement, and that the landowners were not the prevailing party under the EAJA for cost awards. The court also found the district court erred in determining the interest rate and awar
• Dep't of Transp. v. Heathrow Land & Dev. Corp.
  579 So. 2d 183· Fla. 5th DCA· 1991-04-11 ·cited 4×
  The Florida Department of Transportation appealed an order requiring it to compensate a billboard owner for the taking of his advertising sign during an eminent domain proceeding to enlarge an Interstate 4 interchange. The court held that the Federal Uniform Relocation Assistance
• Mountain Water Co. v. Mont. Dep't OF Pub. Serv. Reg.
  919 F.2d 593· 9th Cir.· 1990-11-26 ·cited 4×
  The court held that the statute requiring privately-owned water utilities to reimburse customers for certain repair costs is constitutional under the Fourteenth Amendment's Equal Protection Clause and the Fifth Amendment's Takings Clause.
• United States v. 68.94 Acres OF Land
  918 F.2d 389· 3d Cir.· 1990-10-31 ·cited 4×
  The court held that excluding one expert witness (Wachter) and striking portions of the landowner's testimony was an abuse of discretion, requiring a new trial.
• Doyle Conner v. Reed Bros., Inc.
  567 So. 2d 515· Fla. 2d DCA· 1990-09-21 ·cited 4×
  Reed Brothers, Inc. challenges a citrus canker quarantine imposed by Florida's Department of Agriculture that effectively destroyed the market value of its Swingle hybrid seedlings and seed source trees. The court affirms the trial court's finding of an inverse condemnation takin
• State v. Theodorus Borsje and Susan Borsje
  566 So. 2d 912· Fla. 2d DCA· 1990-09-12 ·cited 4×
  The court held that the trial court erred by considering an ex parte survey and by improperly establishing boundary lines based on plat monuments instead of government section lines.
• Dade Cnty. v. Midic Realty, Inc.
  549 So. 2d 1207· Fla. 3d DCA· 1989-10-17 ·cited 4×
  In an eminent domain proceeding, Dade County appeals the trial court's award of $30,000 in appraiser's fees to the property owner, challenging the reasonableness of the award and claiming it deviated excessively from the County's own appraiser fees. The appellate court affirmed,
• Dade Cnty. v. Midic Realty, Inc.
  551 So. 2d 499· Fla. 3d DCA· 1989-08-01 ·cited 4×
  In a condemnation case involving a 327 square foot taking from a 1.4-acre parcel of nine contiguous lots, the Third District Court of Appeal reversed a jury verdict awarding $145,600 in compensation and severance damages, finding that while the trial court properly allowed the tr
• Prosser v. Polk Cnty.
  545 So. 2d 934· Fla. 2d DCA· 1989-05-24 ·cited 4×
  Polk County sought to condemn land located in Hillsborough County for a road extension project. The Florida appellate court held that counties have statutory authority to condemn property outside their territorial limits for non-recreational purposes, and that the statutory prohi
• State v. Young
  539 So. 2d 596· Fla. 2d DCA· 1989-03-10 ·cited 4×
  The Florida Department of Transportation appealed a directed verdict granted in favor of property owners challenging a condemnation action. The court reversed, holding that DOT presented sufficient evidence of reasonable necessity for taking the property to widen an unsafe bridge
• Roadway Express, Inc. v. Dade Cnty.
  537 So. 2d 594· Fla. 3d DCA· 1988-11-01 ·cited 4×
  In this eminent domain case, Roadway Express appeals a jury verdict awarding compensation for property taken by Dade County but denying business damages. The court affirmed the award, holding that the jury verdict was supported by substantial competent evidence and that the denia
• Pacificorp v. Bonneville Power Administration
  856 F.2d 94· 9th Cir.· 1988-09-02 ·cited 4×
  The court held that the Bonneville Power Administration's (BPA) interpretation of the Pacific Northwest Electric Power Planning and Conservation Act, allowing a rural electric cooperative to serve a new area within 75 miles of the region and contiguous to its existing service are
• Cooley v. Fed. Energy Regulatory Comm'n
  843 F.2d 1464· D.C. Cir.· 1988-04-12 ·cited 4×
  The court held that the Federal Energy Regulatory Commission has the authority under § 4(e) of the Federal Power Act to grant licenses to voluntary applicants for hydroelectric projects constructed before 1935, even if it cannot require such licenses under § 23(b), and that the C
• Div. of Admin. State of Fla. Dep't of Transp. v. Davis
  511 So. 2d 686· Fla. 4th DCA· 1987-08-12 ·cited 4×
  The court held that the trial court erred in conducting a non-jury trial after a jury trial had been demanded and not validly waived, despite the appellant's failure to appear.
• State v. SUN Island Boats, Inc.
  510 So. 2d 603· Fla. 3d DCA· 1987-06-09 ·cited 4×
  A lessee is not entitled to separate compensation for business damages or severance damages for personal property loss in an eminent domain case unless the property qualifies as trade fixtures or functional units, or the statute specifically applies to partial takings.
• Fla. Power & Light Co. v. S.B. Jennings
  485 So. 2d 1374· Fla. 1st DCA· 1986-04-04 ·cited 4×
  Florida Power & Light appealed a jury verdict awarding severance damages in an eminent domain proceeding, challenging the trial court's admission of expert testimony about health hazards from high-voltage transmission lines. The First District Court of Appeal affirmed, holding th
• Cherokee Nation OF Oklahoma v. United States
  782 F.2d 871· 10th Cir.· 1986-01-23 ·cited 4×
  The exercise of the federal government's navigational servitude over a navigable river is not an invasion of private property rights, even when the riverbed is privately owned, including by an Indian tribe.
• Rosenthal & Rosenthal Inc. v. The NEW York State Urban Dev. Corp.
  771 F.2d 44· 2d Cir.· 1985-08-26 ·cited 4×
  The court held that the proposed condemnation of private property for urban redevelopment is rationally related to a conceivable public purpose and thus constitutional.
• Division OF Administration v. Decker
  450 So. 2d 1220· Fla. 2d DCA· 1984-05-23 ·cited 4×
  The Department of Transportation appealed a trial court's award of $205,000 in attorneys' fees to property owners during a pending eminent domain proceeding before its conclusion. The court reversed, holding that attorneys' fees in eminent domain cases must be determined only aft
• United States v. 255.25 Acres OF Land
  712 F.2d 1263· 8th Cir.· 1983-07-28 ·cited 4×
  The court held that the government's taking of appellants' land above 621 feet m.s.l. was authorized by Congress, even if it resulted from a change in land acquisition policy, because the lands were necessary for the authorized project and fell within the scope of the authorizing
• Canal Auth. OF the State OF Fla. v. Harbond, Inc.
  433 So. 2d 1345· Fla. 5th DCA· 1983-07-07 ·cited 4×
  The Canal Authority of Florida appeals a trial court's decision rescinding a 1965 final judgment in an eminent domain proceeding on grounds of constructive fraud. The court reverses, holding that a final condemnation judgment can only be collaterally attacked for extrinsic fraud,
• Broward Cnty. v. Greyhound Rent-A-Car, Inc.
  435 So. 2d 309· Fla. 4th DCA· 1983-07-06 ·cited 4×
  Broward County's appeal of a condemnation order is granted because the trial court ordered deposit of funds for property not alleged to be condemned, constituting fundamental error despite the county's procedural waiver.
• Tampa-Hillsborough Cnty. Expressway Auth. v. Campoamor Modern Dairy, Inc.
  436 So. 2d 922· Fla. 2d DCA· 1983-05-18 ·cited 4×
• United States v. 131.68 Acres OF Land
  695 F.2d 872· 5th Cir.· 1983-01-17 ·cited 4×
  The court held that the district court properly calculated crop damages by awarding profits for the year of taking and incurred costs for subsequent years, and that landowners were not entitled to a pre-dispossession hearing.
• United States v. 158.24 Acres OF Land
  696 F.2d 559· 8th Cir.· 1982-12-27 ·cited 4×
  The court held that the landowner's expert's valuation testimony, based on a speculative lot method without sufficient evidence of demand, was inadmissible and prejudiced the jury verdict.
• Isham v. Pierce
  694 F.2d 1196· 9th Cir.· 1982-12-20 ·cited 4×
  The Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) does not apply to individuals displaced by private parties undertaking federally assisted projects, absent acquisition or vacate order by a government agency.
• United States v. 75.13 Acres OF Land
  693 F.2d 813· 8th Cir.· 1982-12-02 ·cited 4×
  The court held that the district court did not err in its jury instructions regarding valuation methods, nor in its approval of the condemnation commission's report, affirming the awards granted.
• PVM Redwood Co., Inc. v. United States
  686 F.2d 1327· 9th Cir.· 1982-09-13 ·cited 4×
  The court held that the dismissal of PVM's complaint was proper because the allegations did not establish a Fifth Amendment taking of property, but rather a frustration of business opportunity.
• Kearney & Trecker Corp. v. The United States
  688 F.2d 780· Ct. Cl.· 1982-09-08 ·cited 4×
  The court held that the government's directive to expedite delivery of a machine, which frustrated a private contract, did not constitute a compensable taking under the Fifth Amendment.