Eminent Domain

2,189 Florida cases classified under this topic, plus 74 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Drakes BAY Land Co. v. The United States
  424 F.2d 574· Ct. Cl.· 1970-04-17 ·cited 46×
  The court held that the government's actions, including its influence on local authorities and its acceptance of a deed intended to block a road project, constituted a taking of the plaintiff's entire property, entitling them to just compensation.
• Stewart v. Daytona & New Smyrna Inlet Dist.
  94 Fla. 859· Fla.· 1927-11-07 ·cited 46×
  The Florida Supreme Court reversed a circuit court decree validating $1.5 million in bonds issued by the Daytona and New Smyrna Inlet District, holding that the statute authorizing the bonds and the district's taxing power unconstitutionally delegated the legislative power of tax
• Rubano v. Dep't OF Transp.
  656 So. 2d 1264· Fla.· 1995-06-22 ·cited 45×
  The Florida Supreme Court held that the Department of Transportation did not effectuate a compensable taking of access to commercial properties when it temporarily relocated highway lanes, eliminated a U-turn, created a service road, and severed Interstate 95 connections during a
• Rondell Harrison and Sharon Harrison v. Springdale Water & Sewer Comm'n
  780 F.2d 1422· 8th Cir.· 1986-01-07 ·cited 45×
  The court held that the plaintiffs sufficiently stated a cause of action under 42 U.S.C. § 1983 for infringement of their constitutional right of access to the courts, but failed to state a cause of action under § 1985. The court also held the claim was not barred by res judicata
• Mulkey v. Division of Administration
  448 So. 2d 1062· Fla. 2d DCA· 1984-03-21 ·cited 45×
  In this eminent domain case, the court reversed a jury award of severance and business damages where the state took approximately 26% of a parcel containing a convenience store and vacant lot. The court held that the trial court erroneously admitted expert testimony based on trea
• Boynton v. The Canal Auth. of the State of Fla.
  311 So. 2d 412· Fla. 1st DCA· 1975-04-24 ·cited 45×
  In this eminent domain case involving the Canal Authority's acquisition of land for the Rodman Pool project, the court reversed a judgment awarding compensation for the taking of 540 acres because expert appraisal testimony lacked a rational, explainable basis and improperly char
• Kendry v. State Rd. Dep't of Fla.
  213 So. 2d 23· Fla. 4th DCA· 1968-07-31 ·cited 45×
  Property owners challenged a dismissal of their complaint alleging that the State Road Department took their property by violating easement restrictions, causing flooding damage, and filling riparian lands. The court reversed, holding that the complaint stated valid causes of act
• Orlando/Orange Cnty. Expressway Auth. v. W & F Agrigrowth-Fernfield, Ltd.
  582 So. 2d 790· Fla. 5th DCA· 1991-07-18 ·cited 44×
  A governmental entity's use of a recorded reservation map to "land bank" property, freezing land values and avoiding procedural protections, constitutes a taking requiring inverse condemnation.
• Culebras Enters. Corp. v. Rios
  813 F.2d 506· 1st Cir.· 1987-03-11 ·cited 44×
  The court held that the plaintiffs' claim for damages for a regulatory taking is premature because they have not exhausted available remedies in Puerto Rico courts, and that claims against officials in their official capacities are barred by the Eleventh Amendment.
• Richmond Elks Hall Ass'n v. Richmond Redev. Agency & the City of Richmond
  561 F.2d 1327· 9th Cir.· 1977-09-30 ·cited 44×
  The court held that the Agency's actions constituted a de facto taking of Elks' property by inverse condemnation, requiring just compensation. It also held that Elks was not entitled to litigation expenses under federal or state law.
• Sarasota-Manatee Airport Auth. v. Alderman
  238 So. 2d 678· Fla. 2d DCA· 1970-08-19 ·cited 44×
  The court held that the issue of whether a taking has occurred in an inverse condemnation case is triable by the court, not a jury.
• R. J. Widen Co. v. The United States & Commonwealth OF Mass.
  357 F.2d 988· Ct. Cl.· 1966-03-18 ·cited 44×
  The court held that the government's actions constituted a taking of plaintiff's real estate and water rights, for which compensation has been paid, but that incidental damages to personal property and business were not compensable under the Fifth Amendment. The court also awarde
• Buena Vista Homes, Inc. v. United States
  281 F.2d 476· 10th Cir.· 1960-06-15 ·cited 44×
  The court held that the commission's final valuation of $385,000 was not clearly erroneous, considering the proper treatment of the reserve fund and the need for repairs.
• Ramming Real Est. Co. v. United States
  122 F.2d 892· 8th Cir.· 1941-10-13 ·cited 44×
  The court held that the trial court did not err in excluding the declaration of taking as a judicial admission, limiting cross-examination on remote rental history, and admitting testimony on comparable sales, and that the jury verdict was supported by substantial evidence.
• Bennett v. Jacksonville Expressway Auth.
  131 So. 2d 740· Fla.· 1961-06-28 ·cited 43×
  A Florida Supreme Court case addressing whether a trial judge properly granted a motion for new trial in a condemnation action when the jury's verdict shocked the judge's conscience, despite the verdict falling within the evidentiary range. The Court reaffirms that trial judges h
• Leesona Corp. v. The United States
  599 F.2d 958· Ct. Cl.· 1979-05-16 ·cited 42×
  The court held that the majority's damage calculation was unsound because it relied on post-authorization value increases and an inapplicable 'entire market' theory, contrary to established eminent domain principles.
• United States v. 91.90 Acres OF Land
  586 F.2d 79· 8th Cir.· 1978-11-06 ·cited 42×
  The court held that the trial court committed plain error by admitting evidence of consequential damages and improperly aggregating valuation components, necessitating a new trial.
• Gerard and Gemma Brault v. Town OF Milton
  527 F.2d 730· 2d Cir.· 1975-02-24 ·cited 42×
• Chatlos v. City OF Hallandale
  220 So. 2d 353· Fla.· 1968-12-12 ·cited 42×·via Eminent Domain Proceedings
  The Florida Supreme Court resolved a conflict among District Courts of Appeal regarding the proper method to appeal a judgment awarding attorneys' fees and costs in an abandoned eminent domain proceeding. The Court held that a cost judgment entered as part of a final judgment is
• United States v. Arlo C. Crance
  341 F.2d 161· 8th Cir.· 1965-02-11 ·cited 42×
  The court held that the landowner was not entitled to an enhanced valuation for property taken by eminent domain, as it was probably within the scope of the project from its inception for recreational purposes, and the government was not estopped from asserting this by preliminar
• United States v. Tampa BAY Garden Apts., Inc.
  294 F.2d 598· 5th Cir.· 1961-09-01 ·cited 42×
  The court held that the district court properly confirmed the condemnation award, finding that the Commissioners' use of the capitalization of income method, supplemented by the district court's findings, resulted in just compensation, and that the Government could not claim erro
• Taylor v. Bd. OF Pub. Instruction OF Duval Cnty.
  131 So. 2d 504· Fla. 1st DCA· 1961-06-27 ·cited 42×
  An interlocutory order in a law action, other than one relating to venue or personal jurisdiction, is not reviewable by certiorari if a full and adequate remedy exists by appeal after final judgment.
• United States v. Johnson
  285 F.2d 35· 9th Cir.· 1960-12-01 ·cited 42×
  The court held that the government's assignments of error were without merit, and the jury's award of just compensation was supported by competent evidence.
• United States v. Twin City Power Co.
  248 F.2d 108· 4th Cir.· 1957-07-15 ·cited 42×
  The government must compensate the holder of a flowage easement for the destruction of that easement, even if the fee owner has been compensated.
• Jefferson Cnty. v. Tenn. Valley Auth.
  146 F.2d 564· 6th Cir.· 1945-01-15 ·cited 42×
  The United States' obligation to pay just compensation for taking public highways is satisfied when adequate substitute road facilities are provided at the government's expense.
• United States v. Foster
  131 F.2d 3· 8th Cir.· 1942-11-04 ·cited 42×
  The court held that the trial court erred in admitting evidence of prices paid by the government for other nearby lands and in admitting the declarations of taking which stated the compensation had been 'ascertained' by the Secretary of War.
• City OF Fort Lauderdale v. Casino Realty, Inc.
  313 So. 2d 649· Fla.· 1975-02-26 ·cited 41×
  The Florida Supreme Court reversed the District Court of Appeal's holding that Article X, Section 6 of the Florida Constitution requires separate jury verdicts for each owner with separate interests in property condemned in eminent domain proceedings. The Court held that a single
• Yoder v. Sarasota Cnty.
  81 So. 2d 219· Fla.· 1955-06-15 ·cited 41×
  In an eminent domain proceeding to condemn land for public beach and recreation purposes, the Florida Supreme Court affirmed a jury verdict of $80,000 in compensation, rejecting the property owner's contentions that speculative evidence of future land improvements and their value
• City of Fort Worth v. United States
  188 F.2d 217· 5th Cir.· 1951-04-11 ·cited 41×
  The court held that a municipality is entitled to just compensation for condemned streets, measured by the cost of necessary substitute facilities that restore the city's traffic system to its prior utility.
• Seaboard Air Line Ry. Co. v. Bd. of Bond Trs. of Special Rd. & Bridge Dist. No. 1 of Alachua Cnty.
  91 Fla. 612· Fla.· 1926-04-13 ·cited 41×
  Seaboard Air Line Railway Company sought to enjoin the Board of Bond Trustees from constructing a road over its granted right of way in Florida. The Florida Supreme Court held that the railway's right of way, granted by legislative act in 1855 under a public grant for internal im
• Isleworth Grove Co. v. Cnty. of Orange
  79 Fla. 208· Fla.· 1920-03-03 ·cited 41×
  The Florida Supreme Court reversed the dismissal of a bill of complaint seeking to enjoin a county road condemnation through a valuable orange grove, holding that allegations of abuse of eminent domain authority state sufficient grounds for equitable relief and require a response
• Pounds v. Darling
  75 Fla. 125· Fla.· 1918-01-21 ·cited 41×
  The Florida Supreme Court affirmed that a city ordinance prohibiting bathing in a privately-owned, non-navigable lake violated the constitutional rights of riparian owners by depriving them of property without just compensation or due process. The Court held that habeas corpus wa
• Dade Cnty. v. Oolite Rock Co.
  311 So. 2d 699· Fla. 3d DCA· 1975-04-01 ·cited 40×
  Dade County appeals from an order awarding attorney's fees to defendants in an eminent domain action that was voluntarily dismissed before trial on the necessity issue. The court reversed the fee awards as excessive, finding fees of $909-$993 per hour unreasonable where the quant
• Palmer v. Columbia GAS OF Ohio, Inc.
  479 F.2d 153· 6th Cir.· 1973-05-22 ·cited 40×
  A privately owned public utility's termination of essential services, when authorized and regulated by the state, constitutes state action and must comply with due process requirements.
• The Three Affiliated Tribes of the Fort Berthold Reservation v. The United States
  390 F.2d 686· Ct. Cl.· 1968-02-16 ·cited 40×
  The court held that the sale of certain reservation lands to homesteaders was not a Fifth Amendment taking because Congress acted in good faith to transmute land to money at full value, but the granting of school lands to North Dakota at an arbitrarily low price constituted a Fif
• Carlor Co., Inc. v. City of Miami
  62 So. 2d 897· Fla.· 1953-01-30 ·cited 40×·via Eminent Domain Proceedings
  The Florida Supreme Court affirmed dismissal of a collateral attack on a final judgment in an eminent domain proceeding where the City of Miami had condemned property on Virginia Key in 1944 for port and airport purposes. The property owner, Carlor Company, sought to set aside th
• State of Fla. & the Taxpayers v. THE City OF Miami
  157 Fla. 726· Fla.· 1946-07-16 ·cited 40×
  Florida Supreme Court upheld the validity of Miami's $10.6 million sewer revenue bonds issued under Chapter 23407 (Sewer Financing Act), rejecting taxpayers' constitutional challenges to the bonds, sewer rate methodology, connection requirements, and enforcement mechanisms.
• Casa Loma Springs Dev. Co. v. Brevard Cnty.
  93 Fla. 601· Fla.· 1927-03-23 ·cited 40×
  The Florida Supreme Court reversed a lower court's decision in a condemnation case. The court found that charging the jury to determine compensation based on market value at the time of trial was harmful error when the property had been unlawfully appropriated before trial.
• Couture v. The Cnty. of Dade by J. W. Carey
  93 Fla. 342· Fla.· 1927-02-26 ·cited 40×
  The Florida Supreme Court reversed an injunction issued by Dade County to prevent landowners from obstructing the Ocean Beach Road, holding that the road was not a public highway because it lacked the elements required to establish public highway status, particularly adverse use
• The State of Fla. upon the relation of William B. Lamar as Attorney-General of the State of Fla. v. The Jacksonville Terminal Co.
  41 Fla. 377· Fla.· 1899-06-01 ·cited 40×
  The Florida Supreme Court held that the Railroad Commission has authority to require a privately-owned passenger terminal company to admit competing railroad companies on equal terms, and that mandamus is an appropriate remedy to enforce such regulations. The court rejected const
• Fla. S. Ry. Co. v. Brown
  23 Fla. 104· Fla.· 1887-01-01 ·cited 40×
  The Florida Supreme Court held that a property owner who owns the fee to the center of a public street has a right to compensation when a railroad lays track on his portion of the street without consent or condemnation proceedings. The court reversed the lower court's sustaining
• Fla. Dep't of Agric. & Consumer Servs. v. City OF Pompano Beach
  829 So. 2d 928· Fla. 4th DCA· 2002-09-25 ·cited 39×
  The Florida Department of Agriculture challenged a trial court's certification of a class action by citrus tree owners seeking damages for trees destroyed under a citrus canker eradication program. The Fourth District affirmed the class certification but reversed the inclusion of
• Sec. Prof'ls, Inc. v. Segall
  685 So. 2d 1381· Fla. 4th DCA· 1997-01-08 ·cited 39×
  This case addresses whether an offer of judgment accepted by certain parties to a multi-party litigation can dismiss claims against parties not named in the offer. The court held that an offer of judgment can only bind the parties who made and accepted it, and cannot extinguish c
• Dep't OF Transp. v. Weisenfeld
  617 So. 2d 1071· Fla. 5th DCA· 1993-03-26 ·cited 39×
  Summary judgment on liability for a temporary regulatory taking cannot be granted without evidence that a regulatory action deprived the owner of all or substantial economic use of the affected property. A regulation that goes too far may constitute a taking, but only if the owne
• Belvedere Dev. Corp. v. Dep't of Transp.
  476 So. 2d 649· Fla.· 1985-07-11 ·cited 39×
  The Florida Supreme Court held that riparian rights are property rights that cannot be severed from riparian lands by condemnation without compensation or the property owner's consent. While riparian rights may be separated from upland through bilateral agreement in voluntary tra
• Thomas W. Garland, Inc. v. The City OF ST. Louis & Manley Inv. Co.
  596 F.2d 784· 8th Cir.· 1979-02-28 ·cited 39×
  The court held that physical invasion or appropriation is not essential to a claim of de facto condemnation, and that governmental action substantially interfering with property rights can constitute a taking.
• City OF Hollywood v. Jarkesy
  343 So. 2d 886· Fla. 4th DCA· 1977-02-18 ·cited 39×
  The City of Hollywood appealed a trial court's order granting a new trial in an eminent domain proceeding, challenging the court's determination that the jury's verdict on severance damages was inadequate. The Fourth District Court of Appeal reversed, finding the trial court acte
• Bd. OF Comm'rs OF State Insts. v. The Tallahassee Bank & Tr. Co. cum testamento annexo
  100 So. 2d 67· Fla. 1st DCA· 1958-01-02 ·cited 39×
  In this condemnation proceeding, the Florida District Court of Appeal addresses whether property owners may collaterally attack the validity of a zoning ordinance through counterclaims for declaratory relief rather than by direct suit. The court denies certiorari but rejects the
• City of Oakland v. United States
  124 F.2d 959· 9th Cir.· 1942-01-14 ·cited 39×
  The court held that the District Court did not err in entering a judgment of condemnation and denying the motion to vacate, as the Declaration of Taking Act and related procedures comply with statutory and constitutional requirements, including due process.
• United States v. 341.45 Acres OF Land
  751 F.2d 924· 8th Cir.· 1984-12-28 ·cited 38×
  The court should affirm the denial of attorneys' fees and expenses because the EAJA does not apply to condemnation cases.