Eminent Domain

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

• State v. Knaus
  737 So. 2d 1130· Fla. 2d DCA· 1999-06-04 ·cited 2×
  The court held that the trial court erred in calculating attorney's fees by misapplying the wrong statutory subsection and in awarding expert witness fees when not necessary.
• Grandpa's Park, Inc. v. State
  726 So. 2d 789· Fla. 1st DCA· 1998-12-04 ·cited 2×
  Grandpa's Park appeals a final judgment in an eminent domain case where the Department of Transportation took 0.665 acres for I-295 expansion near Jacksonville. The court upheld the trial court's exclusion of evidence regarding alleged down-zoning and diminution in value of the r
• Sec. Mgmt. Corp. v. State
  718 So. 2d 339· Fla. 4th DCA· 1998-09-23 ·cited 2×
  Security Management Corp. and the Posner trustees challenged a Department of Transportation order taking their property for a state transportation facility. The Fourth District affirmed the taking order, holding that the trial court properly found the department did not abuse its
• Hershel L. Davis v. State
  717 So. 2d 61· Fla. 2d DCA· 1998-05-29 ·cited 2×
  The court held that the admission of irrelevant and prejudicial testimony regarding family disputes and the improper impeachment of an expert witness constituted reversible error.
• State v. Interstate Hotels Corp.
  709 So. 2d 1387· Fla. 3d DCA· 1998-05-27 ·cited 2×
  The court held that prejudgment interest is not recoverable on an award of attorneys' fees in an eminent domain case.
• Gulf Power Co. v. United States
  998 F. Supp. 1386· N.D. Fla.· 1998-03-06 ·cited 2×
  The court held that the Pole Attachment Act's mandatory access provision constitutes a per se taking under the Fifth Amendment because it requires utilities to grant access, thereby divesting them of their right to exclude, and that the FCC cannot determine just compensation for
• John Law Ayers Est. v. Hernando Cnty.
  706 So. 2d 349· Fla. 5th DCA· 1998-01-23 ·cited 2×
  In an eminent domain case, the court reversed and remanded for a new trial because the county's valuation witness provided unsupported testimony and improperly suggested to the jury that the county would not take all entitled land, requiring the trial judge to allow a mid-trial a
• Seminole Cnty. v. Cumberland Farms, Inc.
  688 So. 2d 372· Fla. 5th DCA· 1997-01-24 ·cited 2×
  Seminole County appealed an attorney's fee award in an eminent domain case, challenging the trial court's use of a hybrid lodestar-plus-percentage-of-benefit formula. The Florida appellate court reversed, holding that eminent domain cases require using lodestar as the basis with
• City OF Ocala v. RED OAK Farm, Inc.
  673 So. 2d 86· Fla. 5th DCA· 1996-04-12 ·cited 2×
  The dissenting opinion argues that the trial court did not err in excluding evidence of FPC easements, as this evidence was irrelevant and potentially confusing to the jury in a condemnation case.
• Clayton v. Sch. Bd. OF Volusia Cnty.
  667 So. 2d 942· Fla. 5th DCA· 1996-02-09 ·cited 2×
  A Florida appellate court determines whether a taxpayer has standing to challenge a school board's alleged violation of statutory requirements when settling an eminent domain action. The court holds that the taxpayer has standing under exceptions to the Fornes rule and reverses t
• Morr v. State
  667 So. 2d 888· Fla. 2d DCA· 1996-02-07 ·cited 2×
  The court held that a stipulation to remove vehicles from a condemned right-of-way does not, as a matter of law, preclude a claim for business damages if there is a reasonable probability of rezoning or variance allowing the business to continue.
• The Night Flight, Inc. v. Tampa-Hillsborough Cnty. Expressway Auth.
  668 So. 2d 1001· Fla. 2d DCA· 1996-01-19 ·cited 2×
  In an eminent domain action, Night Flight, Inc., a lessee, appealed three trial court orders denying it compensation for business damages and leasehold interests lost due to a taking by the Tampa-Hillsborough County Expressway Authority. The appellate court dismissed one order as
• Downtown Square Assocs. v. State of Fla. Dep't OF Transp.
  648 So. 2d 1265· Fla. 4th DCA· 1995-02-01 ·cited 2×
  Downtown Square Associates appeals an attorney's fee award in an eminent domain proceeding, arguing the trial court improperly considered factors outside those specified in Florida Statute 73.092. The appellate court reverses, holding that courts in fee-setting disputes must be l
• Bolduc v. Glendale Fed. Bank
  631 So. 2d 1127· Fla. 4th DCA· 1994-01-26 ·cited 2×
  In an eminent domain proceeding, the court reversed an apportionment award that granted lessees a portion of the property owner's settlement for the 'bonus value' of their leasehold interests. The court held that allowing the lessees to recover from both their own judgments and t
• Gen. Dev. Utils., Inc. v. Charlotte Cnty.
  620 So. 2d 1035· Fla. 2d DCA· 1993-05-28 ·cited 2×
  In this eminent domain case, the court reverses a non-final order that excluded contributed property (so-called Contributions in Aid of Construction) from the valuation of G.D.U.'s utility system being condemned by Charlotte County. The court holds that Florida Supreme Court prec
• United States v. L.E. Cooke Co., Inc.
  991 F.2d 336· 6th Cir.· 1993-04-20 ·cited 2×
  The court held that the district court did not err in admitting expert testimony that was based on a reasonable factual basis, even if not perfectly conforming to a standard method, and that the jury's verdict was supported by the evidence.
• Dep't OF Transp. v. Fowler
  621 So. 2d 689· Fla. 5th DCA· 1993-04-16 ·cited 2×
• Cadorette v. United States
  988 F.2d 215· 1st Cir.· 1993-02-22 ·cited 2×
  The court held that the condemnation action moots the remaining quiet title claims regarding Betsey I and Edmund II's shares, and the district court's allocation of those shares was incorrect.
• Hubschman v. The Bd. OF Cnty. Comm'rs OF Collier Cnty.
  610 So. 2d 691· Fla. 2d DCA· 1992-12-18 ·cited 2×
  In a condemnation proceeding, the Board of County Commissioners took property from the Hubschmans, awarding them $70,000 as full compensation. The Hubschmans appealed, claiming their losses were worth $300,000. The District Court of Appeal reversed and remanded because the trial
• Davis v. MCI Telecomms. Corp.
  606 So. 2d 734· Fla. 1st DCA· 1992-10-22 ·cited 2×
  The Davis family challenged MCI's placement of a fiber optic cable in a railroad right-of-way crossing their property without compensation, arguing it constituted unlawful entry and detention. The trial court, on rehearing, held that Florida Statute § 362.02 authorized MCI's use
• Gwynedd Props., Inc. v. Lower Gwynedd Twp.
  970 F.2d 1195· 3d Cir.· 1992-07-15 ·cited 2×
  The court held that federal adjudication of most of GPI's claims would not interfere with ongoing state proceedings, thus reversing the district court's dismissal on Younger abstention grounds for those claims.
• Maury L. Carter v. City OF ST. Cloud & E.C. Kiekhaefer
  598 So. 2d 179· Fla. 5th DCA· 1992-05-01 ·cited 2×
  The court held that a retired judge, whose assignment order had expired, lacked jurisdiction to rule on a motion for costs filed years later. The court also affirmed the trial court's award of expert witness fees, finding sufficient evidence supported the reasonableness of the fe
• Nat'l Advertising Co. v. City OF Raleigh
  947 F.2d 1158· 4th Cir.· 1991-10-25 ·cited 2×
  A cause of action for a regulatory taking accrues upon the ordinance's enactment, not upon the expiration of an amortization period, and the First Amendment claims are without merit.
• United States v. 69.1 Acres OF Land
  942 F.2d 290· 4th Cir.· 1991-08-15 ·cited 2×
  The court held that the district court's finding of highest and best use as commercial sand mining was not clearly erroneous, affirming the condemnation award.
• Alachua Cnty. v. Wagner
  581 So. 2d 948· Fla. 1st DCA· 1991-06-13 ·cited 2×
  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.
• Capo Inv. Grp. Corp. v. State
  578 So. 2d 513· Fla. 3d DCA· 1991-04-30 ·cited 2×
  Capo Investment Group appealed a non-final quick-take order in an eminent domain proceeding, challenging the Department of Transportation's good faith estimate of property value. The court affirmed, holding that the DOT's estimate was made in good faith based on a valid appraisal
• Batmasian v. Boca Raton Cmty. Redev. Agency
  580 So. 2d 199· Fla. 4th DCA· 1991-04-24 ·cited 2×
  Batmasian challenged an eminent domain taking by the Boca Raton Community Redevelopment Agency under Florida's blighted area redevelopment statute. The trial court granted the agency's petition for an order of taking and directed a $490,000 deposit. The appellate court affirmed,
• Boston & Me. Corp. v. Interstate Commerce Comm'n & United States
  925 F.2d 427· D.C. Cir.· 1991-02-01 ·cited 2×
  The court denied petitions for rehearing, finding that a recent statutory amendment did not alter the prior interpretation of Amtrak's condemnation authority under 45 U.S.C. § 562(d).
• O.J. NYE v. City OF Ocala
  559 So. 2d 360· Fla. 5th DCA· 1990-04-05 ·cited 2×
  The Fifth District Court of Appeal held that a Florida municipality cannot condemn an entire parcel of land merely because the cost of acquiring the whole tract equals or is less than the cost of acquiring only the needed portion, absent express statutory authorization. The court
• Robert H. Hart & Sons, Inc. v. State of Fla. Dep't OF Transp.
  559 So. 2d 302· Fla. 2d DCA· 1990-03-30 ·cited 2×
  Hart & Sons, a lessee operating a business on condemned property, appealed a directed verdict denying it business damages in a condemnation proceeding. The court reversed, holding that the trial court prematurely ended Hart & Sons' case before it could fully establish its statuto
• Hillsborough Cnty. v. Lutz Realty & Inv. Co.
  553 So. 2d 1320· Fla. 2d DCA· 1989-12-13 ·cited 2×
  Hillsborough County appealed a trial court order that limited its eminent domain taking of adjacent property to Nye Park to only one-half acre for parking, rather than the requested five acres for expanded recreational facilities. The court affirmed, holding that when condemning
• McNulty v. Town of Indialantic
  20 Envtl. L. Rep. (Envtl. Law Inst.) 20636· M.D. Fla.· 1989-12-08 ·cited 2×
  The court held that the town's ordinances and actions did not constitute a taking of the plaintiff's property without just compensation or due process, as the regulations substantially advanced legitimate state interests and did not deny all economically viable use.
• United States v. 312.50 Acres OF Land
  851 F.2d 117· 4th Cir.· 1988-07-05 ·cited 2×
  The court held that the district court correctly denied an award of attorney's fees under the Equal Access to Justice Act because the government's position in the condemnation litigation was substantially justified.
• Mitchell v. Mills Cnty.
  847 F.2d 486· 8th Cir.· 1988-05-26 ·cited 2×
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine issue of material fact regarding whether county officials intentionally deprived them of their property without due process of law.
• Calvert Invs., Inc. v. Louisville & Jefferson Cnty. Metro. Sewer Dist.
  847 F.2d 304· 6th Cir.· 1988-05-24 ·cited 2×
  The court held that the sewer district's action of intercepting sewage did not constitute an unconstitutional taking of the private sewer system owner's property because the owner possessed only bare legal title to the mains, which were subject to an easement for the lot owners'
• State v. Schatt
  519 So. 2d 708· Fla. 2d DCA· 1988-02-03 ·cited 2×
  The Florida Department of Transportation challenged a trial court award of business damages to Texaco, a sublessor of an automobile service station on property partially taken by eminent domain. The court reversed, holding that sublesses who do not physically operate their busine
• Palm Beach Cnty. v. Tessler
  518 So. 2d 970· Fla. 4th DCA· 1988-01-20 ·cited 2×
  Palm Beach County appeals an inverse condemnation judgment awarding compensation to commercial property owners whose direct access to their business was eliminated by a county-constructed retaining wall as part of a road project. The Fourth District affirmed, holding that blockin
• Lambert Gravel Co., Inc. v. J.A. Jones Constr. Co.
  835 F.2d 1105· 5th Cir.· 1988-01-07 ·cited 2×
  The court held that the Corps' exercise of the navigational servitude to prevent Lambert from extracting sand from the Disputed Bar was justified, and therefore Jones could not be held liable for Lambert's resulting damages.
• United States v. 2
  836 F.2d 498· 10th Cir.· 1988-01-04 ·cited 2×
  The court held that the commission neither increased the taken estate nor diverged from the district court's instructions on severance damages, and that its fact-finding was not clearly erroneous.
• United States v. 5
  832 F.2d 882· 5th Cir.· 1987-11-25 ·cited 2×
  The appellants were not the prevailing party under the Equal Access to Justice Act in this condemnation action and are therefore not entitled to attorney's fees and costs.
• Jeno F. Paulucci and Lois Paulucci v. City OF Duluth & Lake Superior Paper Indus.
  826 F.2d 780· 8th Cir.· 1987-08-20 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion for voluntary dismissal, nor did it err in granting summary judgment based on res judicata and collateral estoppel.
• Crigger v. Fla. Power Corp.
  509 So. 2d 1322· Fla. 5th DCA· 1987-07-16 ·cited 2×
  The court held that the date of taking for the power company's use of the Criggers' seven-eighths interest was August 21, 1979, and affirmed the extent of the taking as a 100-foot wide easement.
• Yuba Natural Res., Inc. v. United States
  821 F.2d 638· Fed. Cir.· 1987-06-18 ·cited 2×
  The court held that the government's prohibition of Yuba's mining activities constituted a temporary taking of Yuba's mineral rights, not a permanent one.
• Loy Ree B. Marlowe Ballam v. The United States
  806 F.2d 1017· Fed. Cir.· 1986-11-28 ·cited 2×
  The dissenting judge would affirm the trial court's decision, arguing the government should compensate the landowner for property taken due to erosion caused by government action.
• United States v. 0.21 Acres OF Land
  803 F.2d 620· 11th Cir.· 1986-11-03 ·cited 2×
  A land commission's report is legally sufficient if it discloses the basis for its award, including the valuation technique, relied-upon evidence, and resolution of significant factual disputes, allowing the district court to determine if the award is clearly erroneous.
• City OF Centralia v. Fed. Energy Regulatory Comm'n
  799 F.2d 475· 9th Cir.· 1986-09-04 ·cited 2×
  The court held that the Federal Energy Regulatory Commission did not abuse its discretion in favoring an exemption application over a permit application, applying the 'adequate utilization' standard, and finding sufficient property rights documentation, affirming the grant of the
• T.B. Walker, Jr. v. Fla. GAS Transmission Co.
  491 So. 2d 1286· Fla. 1st DCA· 1986-07-31 ·cited 2×
  The Walkers appealed an order of taking in an eminent domain case, challenging whether the condemnation resolution was sufficient to invoke the trial court's jurisdiction. The Florida District Court of Appeal affirmed the trial court's denial of the motion to dismiss, holding tha
• Brown Harris II v. Mo. Conservation Comm'n
  790 F.2d 678· 8th Cir.· 1986-05-08 ·cited 2×
  The court held that Missouri law provides adequate post-deprivation remedies for property takings, thus the federal court lacked subject matter jurisdiction.
• City OF Pompano Beach v. ABE
  479 So. 2d 863· Fla. 4th DCA· 1985-12-18 ·cited 2×
  The court held that plans and specifications for a public works project are admissible in a condemnation proceeding to determine the extent of taking and damages.
• United States v. 7.92 Acres OF Land
  769 F.2d 4· 1st Cir.· 1985-07-31 ·cited 2×
  The court held that Bessay's land did not qualify for the 'improved property' exemption and that the $2,000 compensation awarded was just.