Eminent Domain

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

• M & C Assocs., Inc. v. State
  682 So. 2d 640· Fla. 2d DCA· 1996-11-01 ·cited 3×
  The court held that the trial court erred by refusing to enforce a settlement agreement provision reserving jurisdiction for pool damages.
• State v. D.J.P. Assocs., Inc.
  640 So. 2d 1201· Fla. 2d DCA· 1994-08-03 ·cited 3×
  The Florida Department of Transportation's appeal of an attorney's fees award in an eminent domain action is reversed and remanded because the trial judge's decision was not accurately codified in the final order, creating ambiguity about whether a fee enhancement was intended or
• State v. Woods
  633 So. 2d 94· Fla. 4th DCA· 1994-03-02 ·cited 3×
  The trial court did not abuse its discretion in awarding costs for the real estate consultant's services.
• Burwell D. Manning, Jr. v. S.C. Dep't OF Hwy. & Pub. Transp.
  914 F.2d 44· 4th Cir.· 1990-09-12 ·cited 3×
  The court held that the district court correctly applied the two dismissal rule to bar Manning's claim against Evans and dismissed the claim against the Highway Department based on the Eleventh Amendment.
• LeCroy v. McCollam (In re McCollam)
  S.D. Fla.· 1990-07-31 ·cited 3×
• J.T. Glisson v. Alachua Cnty.
  558 So. 2d 1030· Fla. 1st DCA· 1990-01-12 ·cited 3×
  The appellate court reversed the trial court's denial of a fee-simple title for Alachua County in an eminent domain proceeding, finding the county had shown reasonable necessity for the taking of property for road and canal maintenance.
• Ackerley Commc'ns OF Fla., Inc. v. Kaye Henderson
  881 F.2d 990· 11th Cir.· 1989-08-24 ·cited 3×
  The court held that the Administrative Procedure Act (APA) is the exclusive remedy for alleged violations of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and therefore the district court lacked subject matter jurisdiction under 42 U.S.C. Sec
• Crigler v. State
  535 So. 2d 329· Fla. 1st DCA· 1988-12-09 ·cited 3×
  Petitioners sought to strike the Department of Transportation's offers of judgment in a condemnation proceeding under newly enacted Florida law (§ 73.092(7)-(9)), arguing the offers created an ethical dilemma for their counsel and violated their constitutional right to full compe
• The Keyes Co. v. Fla. Nursing Corp.
  340 So. 2d 1254· Fla. 3d DCA· 1976-12-23 ·cited 3×
  Keyes Company, a real estate broker, sought a commission for finding a purchaser (Dade County) for Florida Nursing Corporation's property. After the defendant refused to proceed with the sale, Dade County obtained the property through eminent domain proceedings. The key issue is
• Dep't of Transp. v. Coulter
  43 Fla. Supp. 32· Leon Cty. Cir. Ct.· 1973-07-16 ·cited 3×
  In a condemnation proceeding for road widening, the court determines that a lessee-distributor operating a service station can recover business damages including wholesale profits, not just retail profits, under Florida's condemnation statute and constitutional guarantee of full
• Hardwick v. Metro. Dade Cnty.
  256 So. 2d 387· Fla. 3d DCA· 1972-01-11 ·cited 3×
  The court held that the trial court did not err in balancing the equities to provide limited relief for nuisance-like conditions at a public park, nor was there a taking of property or reversible procedural error.
• City OF Miami Beach v. Cummings
  232 So. 2d 757· Fla. 3d DCA· 1970-03-03 ·cited 3×
  The City of Miami Beach appealed a trial judge's award of attorneys' fees and costs in a condemnation proceeding. The court affirmed the award, finding the condemnation case was exceptionally complex and the trial judge—who presided over the entire proceeding—was best positioned
• Silver Springs, Inc. v. The Canal Auth. of the State of Fla.
  226 So. 2d 893· Fla. 1st DCA· 1969-09-23 ·cited 3×
  Silver Springs, Inc. challenged an eminent domain order of taking issued by the Canal Authority, arguing the Authority abdicated its discretion to the U.S. Corps of Engineers and improperly acquired land for unauthorized recreational purposes. The Florida appellate court upheld t
• Wash. Fed. Sav. & Loan Ass'n OF Miami Beach v. Dade Cnty.
  221 So. 2d 790· Fla. 3d DCA· 1969-04-22 ·cited 3×
  A first mortgage holder lacks standing to attack a condemnation award judgment if they do not allege that the award impairs their security interest.
• Seneca Nation OF Indians v. United States
  338 F.2d 55· 2d Cir.· 1964-10-29 ·cited 3×
  The court affirmed the district court's grant of summary judgment, holding that Congress validly delegated authority to the Secretary of the Army to take the land for the reservoir project.
• Cent. & S. Fla. Flood Control Dist. v. Griffith
  119 So. 2d 423· Fla. 3d DCA· 1960-04-04 ·cited 3×
  The appellate court reversed a lower court's injunction against a flood control district, ruling that riparian owners did not have a protected property right to navigate a canal that would be obstructed by a proposed dam. The court found that the right of navigation is a public r
• In re Clark's Estate. Brunstetter v. City of Miami
  187 F.2d 1003· 5th Cir.· 1951-04-03 ·cited 3×
  A landowner cannot recover attorney's fees incurred in a voluntarily dismissed eminent domain proceeding from a municipality, as Florida statutes do not provide for such recovery in this circumstance.
• State & Dorothy Line v. Pinellas-Manatee Joint Bridge Auth.
  146 Fla. 292· Fla.· 1941-02-25 ·cited 3×
  The Florida Supreme Court invalidated a special law creating the Pinellas-Manatee Joint Bridge Authority to issue bonds for a ferry project because the law violated constitutional requirements for publication of notice of special legislation. The court held that since the ferry r
• Hendry v. Atl. Dredging & Constr. Co.
  140 Fla. 330· Fla.· 1939-10-20 ·cited 3×
  J.B. Hendry appeals a judgment upholding defenses to his complaint alleging damages to pasture lands from flooding caused by defendant's dredging operations on the Caloosahatchee River under a U.S. Government contract. The Florida Supreme Court affirms the lower court's judgment,
• Bojorquez v. State
  411 So. 3d 404· Fla.· 2025-06-05 ·cited 2×
  Taxicab companies that held certificates and permits issued by a special district dissolved by the Legislature challenged the repeal as a taking under Florida's Takings Clause. The Supreme Court held that despite the Legislature's designation of these instruments as "private prop
• Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake Cnty. Fla.
  947 F.3d 1362· 11th Cir.· 2020-01-22 ·cited 2×
  The court held that a property owner's testimony regarding the value of her land, based on her personal knowledge and experience, is admissible lay opinion testimony. The court also held it lacked jurisdiction to review the award of attorney's fees and costs because the amount ha
• Joseph B. Doerr Tr. v. Cent. Fla. Expressway Auth.
  177 So. 3d 1209· Fla.· 2015-11-05 ·cited 2×
  The Florida Supreme Court held that when a condemning authority engages in tactics causing excessive litigation in an eminent domain proceeding, the statutory fee formula in section 73.092(1) may be unconstitutional as applied if it results in attorney's fees below market rates,
• Ryan v. City OF Boynton Beach
  157 So. 3d 417· Fla. 4th DCA· 2015-02-04 ·cited 2×
  Theodore Ryan appealed the trial court's denial of his motion for attorney's fees in eminent domain proceedings initiated by the City of Boynton Beach. The Fourth District reversed, holding that Ryan was entitled to appellate fees under the fee-shifting statute and was entitled t
• In re petition for Order Directing Payment OF $11 v. Interest Recovery, Inc.
  136 So. 3d 1261· Fla. 2d DCA· 2014-04-23 ·cited 2×
  William Crescenzo appeals an order denying his motion to direct the Chief Financial Officer to return $11,800.25 in unclaimed court registry funds to the circuit court. The court affirmed the denial, holding that the trial court lacked personal jurisdiction over the Chief Financi
• Orlando/Orange Cnty. Expressway v. Tuscan Ridge, LLC
  137 So. 3d 1154· Fla. 5th DCA· 2014-04-04 ·cited 2×
  In this eminent domain case, the Florida Fifth District Court of Appeal reversed the trial court's award of attorney's fees under section 73.092(2), holding that the statutory benefits-based fee formula under section 73.092(1) is not unconstitutional as applied merely because the
• Fla. Dep't OF Agric. & Consumer Servs. v. Lopez-Brignoni
  114 So. 3d 1135· Fla. 3d DCA· 2013-06-26 ·cited 2×
• Pembroke Ctr., LLC v. State
  64 So. 3d 737· Fla. 4th DCA· 2011-06-29 ·cited 2×
  The court held that the property owner may proceed with an inverse condemnation claim if it is ripe, as the state's actions may have constituted a regulatory taking.
• Pinnacle Floor Covering, Inc. v. Dep't OF Transp.
  16 So. 3d 919· Fla. 2d DCA· 2009-08-07 ·cited 2×
  A defendant in an eminent domain proceeding is not entitled to recover expert fees for a business damage claim unless business damages are actually awarded by the jury.
• United States v. 480.00 Acres OF Land
  557 F.3d 1297· 11th Cir.· 2009-02-11 ·cited 2×
  The Eleventh Circuit affirmed a district court's order confirming a Land Commission's compensation award in an eminent domain proceeding involving seven wetland tracts in Dade County, Florida. The court adopted the "primary purpose" or "specific intent" standard for determining w
• Christian Romany Church Ministries, Inc. v. Broward Cnty.
  980 So. 2d 1164· Fla. 4th DCA· 2008-04-09 ·cited 2×
  The Christian Romany Church Ministries appeals a condemnation order allowing Broward County to seize its property via eminent domain to expand a substance abuse facility. The court affirmed the condemnation, rejecting both the church's argument that the county failed to demonstra
• City OF Jacksonville v. Twin Rests., Inc.
  953 So. 2d 720· Fla. 1st DCA· 2007-04-09 ·cited 2×
  The City of Jacksonville appeals a jury verdict awarding Twin Restaurants $685,000 in severance damages for a restaurant property affected by median construction on Collins Road. The court reverses, holding that severance damages are unavailable when the claimed damages result fr
• Jackson-Shaw Co. v. Jacksonville Aviation Auth.
  2007 U.S. Dist. LEXIS 844· M.D. Fla.· 2007-01-08 ·cited 2×
  The court held that the Jacksonville Aviation Authority's lease agreement with Majestic Realty Company was not unlawful under JAA's Charter, Florida Statutes, or the Florida Constitution, as it did not constitute an unlawful joint ownership or lending of credit.
• McMURRER v. Marion Cnty.
  936 So. 2d 19· Fla. 5th DCA· 2006-06-16 ·cited 2×
  In an eminent domain case, landowners appealed the trial court's reinstatement of a quick-take order after the county failed to deposit the required good-faith estimate within the statutory 20-day deadline. The appellate court reversed, holding that the trial court lacked authori
• Save OUR Beaches, Inc. v. Fla. Dep't OF Env't Prot.
  Fla. 1st DCA· 2006-04-28 ·cited 2×
  Stop the Beach Renourishment challenged a permit for beach renourishment in Destin and Walton County on constitutional grounds, arguing that the project unconstitutionally deprived riparian property owners of their riparian rights without just compensation. The court agreed, find
• Gateway Growers, Inc. v. Sch. Bd. OF Palm Beach Cnty.
  924 So. 2d 875· Fla. 4th DCA· 2006-03-01 ·cited 2×
  Gateway Growers operated a wholesale nursery on two separate parcels four miles apart. When the School Board of Palm Beach County took one parcel through eminent domain, Gateway sought business damages under Florida's business damages statute. The court held that because the rema
• Sunshine Props., L.L.C. v. State of Fla. Dep't OF Transp.
  900 So. 2d 714· Fla. 4th DCA· 2005-04-27 ·cited 2×
  Sunshine Properties challenged a trial court order requiring it to apportion its condemnation settlement with the Department of Transportation to compensate lessees for their trade fixtures. The court held that because the lessees were not parties to the settlement agreement betw
• Enterprising Prof'l Inv. Corp. v. Dep't OF Transp.
  882 So. 2d 1014· Fla. 2d DCA· 2004-03-05 ·cited 2×
  In this eminent domain appeal, the court held that post-judgment proceedings to recover expert witness fees constitute supplemental proceedings under Florida law, entitling the landowner to recover attorney's fees incurred in those proceedings. The court reversed the trial court'
• Skyway Trap & Skeet Club, Inc. v. Sw. Fla. Water Mgmt. Dist.
  854 So. 2d 676· Fla. 2d DCA· 2003-07-11 ·cited 2×
  Skyway Trap & Skeet Club appeals a trial court order that converted a temporary injunction into a permanent injunction prohibiting it from depositing expended shot on adjacent water management district property. The court reversed, holding that the permanent injunction was improp
• Winn-Dixie Stores, Inc. v. Dep't OF Transp.
  839 So. 2d 727· Fla. 2d DCA· 2003-01-22 ·cited 2×
  Winn-Dixie Stores challenged a trial court order releasing condemnation settlement proceeds to property trustees without apportionment to Winn-Dixie for its leasehold interest. The court reversed, holding that Winn-Dixie's lease granted it an interest in the shopping center's par
• Dep't OF Transp. v. CNL Income Fund Viii, Ltd.
  823 So. 2d 147· Fla. 5th DCA· 2002-06-14 ·cited 2×
  A property owner's attorney is entitled to fees under section 73.092, Florida Statutes, for obtaining a variance that provides a nonmonetary benefit, even if the benefit reduces the owner's claim against the condemnor.
• Golf Course Resorts, Inc. v. Dep't OF Transp.
  816 So. 2d 236· Fla. 2d DCA· 2002-05-15 ·cited 2×
  Golf Course Resorts, Inc. and the Holloways appealed a trial court's denial of their motions to recover attorney's fees and costs in an eminent domain proceeding. The appellate court reversed, holding that interested persons who timely file defenses under Florida Statute 73.051 h
• Rukab v. City OF Jacksonville Beach
  811 So. 2d 727· Fla. 1st DCA· 2002-02-26 ·cited 2×
  Property owners challenged a taking of their land under Florida's Community Redevelopment Act, arguing the City failed to establish public necessity for the condemnation. The court reversed, holding that landowners may challenge the validity of a blight designation in an eminent
• 9863 W. Atl. Ave., Inc. v. State of Fla. Dep't OF Transp.
  814 So. 2d 460· Fla. 4th DCA· 2001-11-21 ·cited 2×
  A new trial is ordered because a significant portion of the trial transcript is missing due to stolen court reporter notes, preventing a complete reconstruction of the record.
• Kirchhoff v. S. Fla. Water Mgmt. Dist.
  805 So. 2d 848· Fla. 2d DCA· 2001-08-10 ·cited 2×
  Kirchhoff petitioned for a writ of certiorari to prevent a trial court from entering an order of taking in an eminent domain proceeding by the South Florida Water Management District. The court granted the petition, finding the trial court violated procedural due process by denyi
• ONE Stop 76, Inc. v. State
  762 So. 2d 962· Fla. 4th DCA· 2000-05-24 ·cited 2×
  The Fourth District reversed a directed verdict for DOT in a condemnation case, holding that the jury should have decided whether business activities on the remaining property were integral to the convenience store business or separate enterprises.
• Alternative Networking, Inc. v. Solid Waste Auth. OF Palm Beach Cnty. & J.J. Taylor Cos., Inc.
  758 So. 2d 1209· Fla. 4th DCA· 2000-05-17 ·cited 2×
  In this consolidated eminent domain case, the court held that Alternative Networking, Inc. (ANI) did not have a compensable property interest in a tower leased and owned by J.J. Taylor Companies based on a 1990 service contract entitling ANI to 15% of rents from tenants it procur
• Miami-Dade Cnty. v. City Nat'l Bank OF Fla.
  761 So. 2d 368· Fla. 3d DCA· 2000-04-12 ·cited 2×
  The trial court erred in awarding attorneys' and expert witness fees that included costs incurred for a speculative severance damages claim that was ultimately excluded.
• Owens v. Orange Cnty.
  747 So. 2d 467· Fla. 5th DCA· 1999-12-30 ·cited 2×
  In a condemnation case, the Owens appealed the denial of fees for their business damage expert. The court held that accepting an alternative remedy (county-funded property improvements) instead of monetary damages for business injuries does not constitute abandonment of the claim
• Seminole Cnty. v. Sanford Court Invs., Ltd.
  743 So. 2d 1165· Fla. 5th DCA· 1999-10-22 ·cited 2×
  In this eminent domain appeal, Seminole County challenged a jury award of business damages to tenants whose leases were terminated by the property owner after a partial taking. The Fifth District reversed the business damages award, holding that tenants can only recover damages f
• State v. Lakepointe Assocs.
  745 So. 2d 364· Fla. 1st DCA· 1999-10-04 ·cited 2×
  This appeal concerns the proper method for calculating attorney's fees in an eminent domain case under Florida Statute § 73.092. The court held that the Department of Transportation's unsigned letter offering to purchase the landowner's property at a specified price constituted a