Eminent Domain

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

• S. Cal. Edison Co. v. Rice
  685 F.2d 354· 9th Cir.· 1982-08-26 ·cited 4×
  Allotted Indian lands are not 'property appropriated to public use' under California eminent domain law, and 25 U.S.C. § 357 provides an alternative method for condemnation of rights-of-way over such lands.
• United States v. 15.65 Acres OF Land in the Cnty. OF Marin
  689 F.2d 1329· 9th Cir.· 1982-05-25 ·cited 4×
  The court held that severance damages may be recoverable when the taking of a landowner's property is linked to the government's use of adjoining land, and that a taking occurs when the government deprives an owner of all economic use of their land, entitling them to interest fro
• Allain-Lebreton Co. v. Dep't OF the Army
  670 F.2d 43· 5th Cir.· 1982-03-11 ·cited 4×
  The court held that the company's allegations did not constitute a taking of property without just compensation, as no taking had yet occurred and the Corps' decision was not subject to judicial review.
• United States v. 16.92 Acres OF Land
  670 F.2d 1369· 7th Cir.· 1982-02-16 ·cited 4×
  The United States has the authority to condemn property for the Apostle Islands National Lakeshore under the General Condemnation Act, and the "improved property" classification's January 1, 1967 cutoff date does not violate equal protection.
• United States v. 49.01 Acres OF Land
  669 F.2d 1364· 10th Cir.· 1982-01-25 ·cited 4×
  The government must pay the market value of condemned property without accounting for any increase in value attributable to the government project itself, unless the property was outside the original scope of the project or the landowner reasonably believed it was excluded.
• Laney v. The United States
  661 F.2d 145· Ct. Cl.· 1981-08-19 ·cited 4×
  The court held that neither party was entitled to summary judgment because material issues of fact remained regarding whether the government's actions effectively denied all meaningful access to the island and prevented all economic use, which would constitute a taking.
• United States v. 3
  650 F.2d 938· 8th Cir.· 1981-06-12 ·cited 4×
  The dissenting judge holds that the agreement was an option contract for the sale of goods, not a conveyance of real property, and thus Tupelo did not possess a compensable interest in the condemned land.
• The Oglala Sioux Tribe OF the Pine Ridge Indian Reservation v. United States
  650 F.2d 140· 8th Cir.· 1981-06-01 ·cited 4×
  The court held that the Indian Claims Commission Act provides an exclusive remedy for the tribe's claim, divesting the district court of jurisdiction.
• City OF Lake Wales v. Lamar Advertising Ass'n OF Lakeland
  399 So. 2d 981· Fla. 2d DCA· 1981-04-08 ·cited 4×
  Lake Wales enacted ordinance 79-21 restricting billboards to 200 square feet while permitting larger on-site signs, claiming aesthetic justification. The trial court invalidated the ordinance as discriminatory under Florida precedent (Sunad), but also held the state's Highway Bea
• United States v. 179.26 Acres OF Land IN Douglas Cnty.
  644 F.2d 367· 10th Cir.· 1981-03-26 ·cited 4×
  The court held that the Commission's valuation of limestone reserves, based on capitalizing anticipated income, was not clearly erroneous, even in the absence of comparable sales, as it was supported by substantial evidence and competent expert testimony.
• Freese v. The United States
  639 F.2d 754· Ct. Cl.· 1981-01-28 ·cited 4×
  The court held that the denial of the opportunity to obtain a patent for mining claims, where the claimant had not yet completed the patent process, does not constitute an unconstitutional taking of private property under the Fifth Amendment.
• Mullis v. Division OF Administration
  390 So. 2d 473· Fla. 5th DCA· 1980-11-26 ·cited 4×
  Mullis, a lessee of condemned property, appealed an order denying him any share of the condemnation award. The court held that the lease's condemnation clause, which addressed only temporary loss of possession, did not bar the lessee from compensation for the taking of his leaseh
• Bartz v. The United States
  633 F.2d 571· Ct. Cl.· 1980-07-16 ·cited 4×
  The court held that recurring flooding causing damage to farms was primarily due to excessive precipitation, not solely governmental action, and thus did not constitute a Fifth Amendment taking for which compensation was due.
• United States v. 10.48 Acres OF Land
  621 F.2d 338· 9th Cir.· 1980-06-11 ·cited 4×
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding the price paid by a condemning authority for a comparable easement, as such evidence is generally inadmissible to prove market value and was not relevant to testing the expert
• Cap. Plaza, Inc. v. Division OF Administration
  381 So. 2d 1090· Fla. 1st DCA· 1979-10-11 ·cited 4×
  The court held that evidence of access impairment due to a median construction should be considered by the jury as part of severance damages in an eminent domain proceeding.
• Young v. Tenn. Valley Auth.
  606 F.2d 143· 6th Cir.· 1979-09-24 ·cited 4×
  The dissenting judge believes the TVA's power to condemn land for power houses is limited to locations along the Tennessee River or its tributaries.
• Al Accardi v. The United States
  599 F.2d 423· Ct. Cl.· 1979-05-16 ·cited 4×
  The court held that the plaintiffs failed to prove a Fifth Amendment taking of their property due to flooding, as the government's operation of the dam actually mitigated the flood's impact.
• Dade Cnty. v. Still
  370 So. 2d 64· Fla. 3d DCA· 1979-04-24 ·cited 4×
  The court held that a pretrial order correctly excluded evidence of a road width ordinance's effect on market value in an eminent domain proceeding.
• Milliner v. Gov't OF the Virgin Islands
  593 F.2d 532· 3d Cir.· 1979-03-02 ·cited 4×
  The court held that while the cost of fencing can be a separate element of damages in a partial taking, the specific award for fencing was clearly erroneous due to an inflated expert estimate that did not match the existing fence type.
• Katz v. Dade Cnty.
  367 So. 2d 277· Fla. 3d DCA· 1979-02-13 ·cited 4×
  Property owners appealed an order granting Dade County immediate possession of their downtown Miami land for a quick taking under eminent domain. The court reversed, holding that the county failed to present competent evidence of reasonable necessity to support the condemnation f
• Behm v. Division OF Administration
  366 So. 2d 828· Fla. 4th DCA· 1979-01-24 ·cited 4×
  In this eminent domain case, the court held that a condemnee is not entitled to interest on a final judgment for the period during which an unsuccessful appeal was pending. The court rejected the condemnee's constitutional arguments and affirmed the trial court's order limiting i
• City OF Miami Beach v. Broida
  362 So. 2d 19· Fla. 3d DCA· 1978-07-05 ·cited 4×
  The court held that the City of Miami Beach demonstrated sufficient evidence of necessity for the taking, and the trial court erred in dismissing the eminent domain petition.
• Starnes v. Marcon Inv. Grp.
  571 F.2d 1369· 5th Cir.· 1978-04-28 ·cited 4×
  The court held that the Florida Marketable Record Title Act extinguishes state claims to submerged lands when private parties have held record title for over 30 years without state objection.
• United States v. 129.4 Acres OF Land
  572 F.2d 1385· 9th Cir.· 1978-04-12 ·cited 4×
  The court held that the Yuma Mesa Irrigation and Drainage District is entitled to compensation for the reduction in its assessment base when land is condemned.
• Robert and Angeles O'Grady v. City OF Montpelier
  573 F.2d 747· 2d Cir.· 1978-03-27 ·cited 4×
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim, as the factual record was insufficient to determine the constitutional questions presented.
• Hodges v. Jacksonville Transp. Auth.
  353 So. 2d 1211· Fla. 1st DCA· 1977-12-23 ·cited 4×
  Property owners challenged an eminent domain Order of Taking by the Jacksonville Transportation Authority for a highway realignment. The court partially granted certiorari, finding violations of statutory requirements for municipal consent and failure to adequately justify reason
• Jon-Karl Baldwin v. Appalachian Power Co.
  556 F.2d 241· 4th Cir.· 1977-06-01 ·cited 4×
  The court held that the power company's actions, while under color of state law, did not violate any federally protected right because the state provided a mechanism for compensation.
• Tri-State Materials Corp. v. The United States
  550 F.2d 1· Ct. Cl.· 1977-02-23 ·cited 4×
  If the Government builds a dam that permanently raises the water table of land outside the riverbed, causing economic loss to the landowner, it constitutes a compensable Fifth Amendment taking, regardless of whether the flooding is characterized as subflooding or blocked drainage
• Garcia v. State of Fla. Dep't OF Transp.
  342 So. 2d 522· Fla. 3d DCA· 1977-02-01 ·cited 4×
  In a condemnation case for a highway expansion, a landowner challenges a jury verdict awarding him $12,734 in severance damages, arguing that the Department of Transportation's expert witness improperly testified to enhancement value without first establishing the existence of se
• United States v. 31.43 Acres OF Land
  547 F.2d 479· 9th Cir.· 1976-12-20 ·cited 4×
  The court held that the Government was not estopped from asserting that enhanced value should not be included in compensation for property taken within the original scope of a project, as no untrue representations were made and subsequent changes were due to external factors.
• Tuttle v. Division OF Administration
  336 So. 2d 583· Fla.· 1976-07-08 ·cited 4×
  The court held that a condemnor must pay the lowest estimate of severance damage given by any expert witness, but this rule does not apply to business damages.
• Smart v. Tex. Power & Light Co.
  525 F.2d 1209· 5th Cir.· 1976-01-14 ·cited 4×
  A landowner who withdraws funds deposited in court in a Texas 'quick taking' condemnation proceeding is foreclosed from later challenging the lawfulness of the taking.
• McPherson v. Jeffrey and Flora Redding
  323 So. 2d 687· Fla. 3d DCA· 1975-11-18 ·cited 4×
  McPherson appeals a judgment imposing a $60,000 equitable lien on his property in favor of the Reddings, who made improvements to his land without his consent after he rejected their purchase agreement. The court reversed, holding that the Reddings had knowledge of McPherson's ow
• Home Owners OF Winter Haven, Inc. v. Polk Cnty.
  320 So. 2d 480· Fla. 2d DCA· 1975-10-24 ·cited 4×
  A property owner appeals a jury verdict in a condemnation case, arguing the award was inadequate for land taken by Polk County to widen two roadways in front of a shopping center. The court affirms, holding that the jury's verdict was supported by admissible expert testimony usin
• Division OF Administration v. Condo. Int'l
  317 So. 2d 811· Fla. 3d DCA· 1975-07-29 ·cited 4×
  The Florida Department of Transportation appealed an award of $225,000 in attorney's fees to the condemnee's lawyer in an eminent domain case. The appellate court affirmed the award, holding that while high, it did not constitute an abuse of discretion given the case's complexity
• Division OF Administration v. Pink Pussy CAT, Inc.
  314 So. 2d 192· Fla. 1st DCA· 1975-06-17 ·cited 4×
  Interest is not permissible on business damages in an eminent domain action from the date of possession.
• United States v. 416.81 Acres OF Land
  525 F.2d 450· 7th Cir.· 1975-04-28 ·cited 4×
  The court held that the landowners' arguments regarding failure to join all parties, delay in judicial orders, exclusion of appraiser testimony, discovery issues, judge's absence, inadequate jury awards, and late production of documents lacked merit.
• Gregorio P. Castro v. The United States
  500 F.2d 436· Ct. Cl.· 1974-10-23 ·cited 4×
  The court held that the plaintiff is entitled to just compensation for the use and occupancy of his land, but not for the destruction of coconut trees during wartime military operations. The statute of limitations did not bar the claim due to the continuous nature of the taking.
• Richins v. Indus. Constr., Inc.
  502 F.2d 1051· 10th Cir.· 1974-09-03 ·cited 4×
  The court held that the contractor's actions constituted conversion of the water pump, but the State of Utah is immune from the contractor's indemnity action due to the Eleventh Amendment.
• Lemmons v. The United States
  496 F.2d 864· Ct. Cl.· 1974-05-15 ·cited 4×
  The court held that the sand and gravel tipple was personal property and was abandoned by the plaintiff, and that the plaintiff's leasehold interest had no market value after the permit revocation, thus no compensable taking occurred.
• Hill v. City OF Daytona Beach
  288 So. 2d 306· Fla. 1st DCA· 1974-01-17 ·cited 4×
  The court held that an unperformed agreement, obtained improperly and intended as a settlement offer, is inadmissible as evidence of liability or for impeachment.
• United States v. T. Indus., Inc.
  489 F.2d 921· 6th Cir.· 1974-01-15 ·cited 4×
  The court held that the Commissioners' award for the value of the easement taken was correct, but the District Court's award for damages to the residue was too low, and fixed a higher amount for the residue damage.
• United States v. The Right TO USE & Occupy 3.38 Acres OF Land
  484 F.2d 1140· 4th Cir.· 1973-09-25 ·cited 4×
  The court held that the Appropriations Act authorized the condemnation of the leasehold and that the tenant was entitled to the economic bonus on the Linedsall tract, but not the full market value of the unexpired term.
• Trad v. City OF Jacksonville
  279 So. 2d 384· Fla. 1st DCA· 1973-06-12 ·cited 4×
  In a condemnation proceeding, the City of Jacksonville offered expert testimony valuing the Trads' property at $5,400, but the trial court excluded evidence that the City itself had assessed the same property at $11,000 for tax purposes. The appellate court held that such tax ass
• United States v. Mock
  476 F.2d 272· 4th Cir.· 1973-04-05 ·cited 4×
  The court held that a Declaration of Taking is valid if it identifies the appropriation act providing funds, even if it doesn't specifically name the enabling legislation for the park. Therefore, title passed on the date of the Declaration, rendering subsequent deeds ineffective.
• Augustus J. Simmons v. Wetherell
  472 F.2d 509· 2d Cir.· 1973-01-19 ·cited 4×
  The court held that the state's repeated attempts to condemn land, even if ultimately unsuccessful or inefficient, did not constitute an unconstitutional taking under § 1983, but a claim regarding runway lights on disputed land stated a cause of action, albeit one to be stayed pe
• NEW Prods. Corp. v. City OF N. Miami
  271 So. 2d 24· Fla. 3d DCA· 1972-12-19 ·cited 4×
  The court held that the trial court erred in dismissing the appellant's complaint with prejudice and in presenting alternatives to the city, as the current zoning classification was confiscatory and inconsistent with private ownership.
• Harris v. United States
  467 F.2d 801· 8th Cir.· 1972-10-18 ·cited 4×
  The court held that the government's actions did not constitute a "taking" of the plaintiffs' property under the Fifth Amendment because there was no substantial interference with the property's value.
• United States v. 2
  461 F.2d 938· 8th Cir.· 1972-06-16 ·cited 4×
  The court held that the trial court did not err in denying the landowners' motion for a commission, in allowing government appraisers to testify to valuations less than the deposited sum, or in admitting testimony regarding comparable sales.
• City OF Miami v. Culbertson
  263 So. 2d 245· Fla. 3d DCA· 1972-06-13 ·cited 4×
  The reciprocal right of a condemnor to seek discovery from a condemnee does not extend to other condemnees in the same action who have not initiated discovery themselves.