Eminent Domain

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

• Augusta Power Co. v. United States
  278 F.2d 1· 5th Cir.· 1960-04-11 ·cited 4×
  The court held that while flowage easements over fast lands adjoining a navigable stream are compensable, the method of valuation used by the lower court was erroneous. The compensation should be the value of the easement to its owner, not merely the difference in land value with
• Century Inv. Corp. v. United States
  277 F.2d 247· 9th Cir.· 1960-03-14 ·cited 4×
  The court held that the trial court's conclusion of law that the government was precluded from maintaining an action for trespass or implied contract due to failure to prove tax payments was erroneous, and that the personal defendants should not be charged with the special master
• Boston Edison Co. v. Campanella & Cardi Constr. Co.
  272 F.2d 430· 1st Cir.· 1959-11-30 ·cited 4×
  The court held that a contractor performing public work is not liable for damages that are a necessary incident of the authorized work, but may be liable if the damages result from negligence or are not economically practicable to avoid.
• Winn v. United States
  272 F.2d 282· 9th Cir.· 1959-11-02 ·cited 4×
  The court held that damages for business loss and loss of access to a limited-access highway are not compensable in this eminent domain action.
• United States v. 2979.72 Acres OF Land
  270 F.2d 707· 4th Cir.· 1959-10-05 ·cited 4×
  The court held that the electric power company is entitled to compensation for the value of its flowage easement, measured by the difference in the fair market value of the land before and after the taking, excluding water power value.
• Donnelly v. Dist. OF Columbia Redev. Land Agency
  269 F.2d 546· D.C. Cir.· 1959-06-19 ·cited 4×
  The court held that the properties could be acquired by condemnation as part of an urban renewal program, and that the trial court did not err in denying a declaratory judgment regarding relocation priorities.
• Edlin v. Sec. Ins. Co.
  269 F.2d 159· 7th Cir.· 1959-06-04 ·cited 4×
  The court held that the Edlins suffered a loss under their fire insurance policies despite receiving payment for the property through eminent domain, and that the Authority was not entitled to the insurance proceeds via equitable subrogation.
• Gillette Motor Transp., Inc. v. Commissioner OF Internal Revenue
  265 F.2d 648· 5th Cir.· 1959-04-01 ·cited 4×
• United States v. Certain Parcels OF Land IN THE Cnty. OF Arlington
  261 F.2d 287· 4th Cir.· 1958-11-29 ·cited 4×
  The court held that evidence of assessed property value is inadmissible in a condemnation proceeding, even when offered by the landowner, as it is not a reliable indicator of fair market value and represents the opinion of non-testifying assessors.
• Merchs. Matrix CUT Syndicate, Inc. v. United States
  259 F.2d 747· 7th Cir.· 1958-09-03 ·cited 4×
  The court held that while the government was liable under the Tort Claims Act for tortious interference with the plaintiff's business, the damages awarded must be adjusted to eliminate any moving expenses.
• Hilton v. Duke Power Co.
  254 F.2d 118· 4th Cir.· 1958-04-01 ·cited 4×
  The court held that the trial judge erred in granting a judgment notwithstanding the verdict, as the jury's determination of the foreseeability of future damages and the scope of the release was a question of fact for the jury.
• Houk v. Dade Cnty.
  97 So. 2d 272· Fla.· 1957-12-04 ·cited 4×
  In an eminent domain proceeding, property owners Houk and Pesce appealed a trial court order denying attorney's fees for a prior successful appeal. The Florida Supreme Court dismissed the appeal as procedurally defective due to lack of jurisdictional foundation, finding the notic
• Phillips v. United States
  243 F.2d 1· 9th Cir.· 1957-03-22 ·cited 4×
  The court held that the trial court erred in excluding evidence of mineral rights value, as property in eminent domain proceedings must be valued considering all its available uses, including speculative mineral potential.
• United States v. Finn
  239 F.2d 679· 9th Cir.· 1956-12-27 ·cited 4×
  The court held that the district court lacked jurisdiction over the Finns' counterclaim because the United States had not waived its sovereign immunity, and that the district court erred in granting affirmative relief to defendants who had not properly filed counterclaims or cros
• Collins v. Laclede GAS Co.
  237 F.2d 633· 8th Cir.· 1956-10-26 ·cited 4×
  The court held that a federal court cannot grant an injunction to stay state court proceedings under 28 U.S.C. § 2283, absent express statutory authorization or necessity to protect federal jurisdiction or judgments.
• Baker v. State Rd. Dep't OF Fla.
  79 So. 2d 511· Fla.· 1955-04-13 ·cited 4×
  Citizens and taxpayers challenged the validation and sale of revenue bonds by the Florida State Improvement Commission for bridge and causeway construction. The Florida Supreme Court affirmed dismissal, holding that appellants had no special property rights beyond those of the ge
• United States v. Douglas
  207 F.2d 381· 9th Cir.· 1953-10-09 ·cited 4×
  The court held that the contractually limited appraised value of the land did not represent its true market value for just compensation purposes in a condemnation proceeding.
• Lewis v. United States
  200 F.2d 183· 9th Cir.· 1952-11-13 ·cited 4×
  The Housing Administrator, acting under the Lanham Act, was authorized to condemn the fee simple title to land for temporary wartime housing, and state law cannot restrict this federal power.
• Swetland v. Curry
  188 F.2d 841· 6th Cir.· 1951-05-09 ·cited 4×
  A county cannot be held in contempt for violating an injunction to which it was not a party, even if it acquired property from a party enjoined, because eminent domain proceedings create a new and independent title.
• United States v. 425
  187 F.2d 798· 3d Cir.· 1951-03-14 ·cited 4×
  The court held that the value of trade fixtures is not compensable separately from the leasehold value when a complete leasehold is taken, and that a jury instruction request was procedurally barred and substantively incorrect.
• United States v. Westinghouse Elec. & MFG. Co.
  170 F.2d 752· 1st Cir.· 1948-11-23 ·cited 4×
  The dissenting judge believes the majority's conclusion is incorrect based on precedent regarding condemnation compensation.
• Wabash R. Co. v. Duncan
  170 F.2d 38· 8th Cir.· 1948-10-15 ·cited 4×
  The court held that the district court's jurisdiction was not exceeded by proceeding with condemnation, as the levee district's power to condemn railroad right-of-way was a question of merits, not jurisdiction.
• Bogart et ux. v. United States
  169 F.2d 210· 10th Cir.· 1948-07-22 ·cited 4×
  The court held that the parties' conduct demonstrated an abandonment of the stipulation, and therefore the judgment entered on the stipulation was erroneous.
• United States v. 534.7 Acres OF Land IN Orange Cnty.
  157 F.2d 828· 5th Cir.· 1946-11-08 ·cited 4×
  The court held that the district court had jurisdiction to deny condemnation but lacked jurisdiction to enter a money judgment against the United States for rent under a lease. The motion to vacate the denial of condemnation was correctly denied, but the motion to vacate the mone
• State OF Tex. v. Moody's Estate
  156 F.2d 698· 5th Cir.· 1946-07-16 ·cited 4×
  The court held that a lease of property to the United States, without acquisition of title or complete loss of possession, does not exempt the landowner from ad valorem taxes for the period of the lease.
• United States v. 21
  155 F.2d 898· 2d Cir.· 1946-06-18 ·cited 4×
  The court held that the condemnation clause in the leases terminated the tenants' rights upon the government's taking of the property, and that unremoved fixtures belonged to the landlord.
• John Hancock Mut. Life Ins. Co. v. United States
  155 F.2d 977· 1st Cir.· 1946-06-12 ·cited 4×
  The court held that a lessee is entitled to the fair rental value of condemned premises undiminished by the lease rent only if the lessee remains obligated to pay rent after condemnation.
• O'Connor v. United States
  155 F.2d 425· 9th Cir.· 1946-05-09 ·cited 4×
  The court held that the government's taking of possession of land for a public works project did not constitute a taking of the title to a profit a prendre (right to remove gravel) until compensation was paid, and the government could abandon the condemnation proceeding before ti
• United States v. Chun Chin
  150 F.2d 1016· 9th Cir.· 1945-08-22 ·cited 4×
  The court held that the trial court erred in denying the government's motion to vacate the judgment of taking and dismiss Parcel D from the condemnation proceeding.
• United States v. Petty Motor Co.
  147 F.2d 912· 10th Cir.· 1945-03-05 ·cited 4×
  The court held that the principles announced in United States v. General Motors Corporation apply to condemnation of leasehold interests, allowing tenants to recover compensation for moving costs and other expenses as part of their right of occupancy.
• 3 v. United States
  146 F.2d 872· 5th Cir.· 1945-01-30 ·cited 4×
  The court held that the trial court did not err in providing a verdict form with stipulations and in excluding evidence on investment income potential.
• Trs. of Internal Improvement Fund of Fla. v. Sw. Tampa Storm Sewer Drainage Dist.
  142 F.2d 637· 5th Cir.· 1944-05-08 ·cited 4×
  The court held that the award for condemned land must satisfy the Drainage District's tax liens, as the State's tax liens merged into its title acquired under the Murphy Act.
• Mallette v. United States
  137 F.2d 95· 8th Cir.· 1943-07-21 ·cited 4×
  Landowners are entitled to a jury trial to determine the value of their land in federal condemnation proceedings in Missouri, when federal statutes require conformity to state practice.
• Babler v. United States
  137 F.2d 98· 8th Cir.· 1943-07-21 ·cited 4×
  An appeal is timely if a motion for a new trial, even if technically late, is entertained and considered on its merits by the trial court, thereby suspending the finality of the judgment.
• United States v. Devore
  133 F.2d 694· 8th Cir.· 1943-02-25 ·cited 4×
  The court held that admitting testimony on the separate value of timber, even if potentially improper as to the order of proof, was harmless error because it did not cause substantial prejudice to the government.
• Viejo v. United States
  133 F.2d 84· 1st Cir.· 1943-01-19 ·cited 4×
  The court held that the trial court erred by failing to make findings on the value of the squatters' garden crops, which were essential for just compensation.
• United States v. City of N.Y.
  131 F.2d 909· 2d Cir.· 1942-12-09 ·cited 4×
  The court held that a binding contract existed between the city and the government for the exchange of land, and that the city's subsequent legislative authorization validated the agreement despite initial procedural irregularities.
• United States v. Wauna Toll Bridge Co.
  130 F.2d 855· 9th Cir.· 1942-09-25 ·cited 4×
  The court held that the bridge owner was not entitled to compensation for costs associated with altering the bridge to accommodate the Bonneville Dam, as the 1906 Act imposed a duty to maintain unobstructed navigation at the owner's expense.
• United States v. Fed. Land Bank of ST. Paul
  127 F.2d 505· 8th Cir.· 1942-04-13 ·cited 4×
  The court held that a single notice of appeal for multiple, separately owned condemnation awards is a jurisdictional defect under Minnesota law, and the district court correctly dismissed the appeal and denied leave to amend after the statutory appeal period expired.
• S.C. Pub. Serv. Auth. v. 11
  123 F.2d 738· 4th Cir.· 1941-11-10 ·cited 4×
  The court held that taxes on condemned land are a lien on the condemnation fund and payable from it up to the date title vests in the condemnor, and that the relevant South Carolina statute is constitutional.
• Keyes v. United States
  119 F.2d 444· D.C. Cir.· 1941-03-10 ·cited 4×
  The court held that the District of Columbia Alley Dwelling Act, as amended, authorized the condemnation of private property for low-rent housing projects, and the owner's objections lacked merit.
• Grand River Dam Auth. v. Thompson
  118 F.2d 242· 10th Cir.· 1941-03-03 ·cited 4×
  The court held that the trial court did not err in submitting the question of whether land constituted a single unit to the jury, nor in failing to instruct on separate verdicts when no exceptions were properly saved.
• Gibson v. City of Tampa
  135 Fla. 637· Fla.· 1938-12-21 ·cited 4×
  This case involves a dispute over the City of Tampa's discharge of raw sewage into Hillsborough River and Bay, which allegedly polluted oyster beds leased by the complainants. The court reviewed whether the city's financial inability to install a sewage treatment plant justified
• State v. Overseas Rd. & Toll Bridge Dist.
  125 Fla. 481· Fla.· 1936-10-16 ·cited 4×
  The Florida Supreme Court upheld the validation of $3.6 million in bonds issued by the Overseas Road and Toll Bridge District for construction of toll bridges and highways in the Florida Keys. The court rejected constitutional challenges to the authorizing statute and affirmed th
• City OF Boynton Beach v. Janots
  101 So. 3d 864· Fla. 4th DCA· 2012-10-10 ·cited 3×
  The court held that the City did not need to file a separate action to enforce its code enforcement liens and the trial court should have adjudicated the City's lien claims within the condemnation action.
• Miccosukee Tribe OF Indians OF Florida v. Dep't OF Env't Prot.
  78 So. 3d 31· Fla. 2d DCA· 2011-12-30 ·cited 3×
  The Miccosukee Tribe of Indians of Florida sought to quash a trial court order denying summary judgment in an eminent domain proceeding, claiming sovereign immunity and protection under the Federal Nonintercourse Act for three parcels of land purchased on the open market. The app
• Sys. Components Corp. v. Dep't OF Transp.
  985 So. 2d 687· Fla. 5th DCA· 2008-07-03 ·cited 3×
  System Components Corporation appeals a jury verdict in an eminent domain case, claiming it should recover the full value of its business ($2,394,964) rather than the jury-awarded damages ($1,347,911) that accounted for mitigation through relocation and continued operations. The
• Gus Boulis v. Dep't OF Transp.
  709 So. 2d 206· Fla. 5th DCA· 1998-05-15 ·cited 3×
• Rally's Hamburgers, Inc. v. State
  697 So. 2d 535· Fla. 1st DCA· 1997-06-25 ·cited 3×
  The court held that a factual dispute existed regarding whether the equipment constituted trade fixtures, precluding summary judgment.
• City OF Jacksonville v. Tresca
  692 So. 2d 991· Fla. 1st DCA· 1997-05-06 ·cited 3×
  The City of Jacksonville appealed a jury verdict in an eminent domain case and a subsequent attorney's fee award. The court affirmed the jury verdict but reversed the attorney's fee award, holding that an option to purchase does not constitute a valid 'offer' under Florida Statut