Eminent Domain

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

• Winooski Hydroelectric Co. v. Five Acres OF Land IN East Montpelier AND Berlin
  769 F.2d 79· 2d Cir.· 1985-07-30 ·cited 2×
  The court held that the exclusion of expert testimony based on speculative future income, the denial of severance damages, and the jury instruction on the burden of proof were all proper.
• Miss. River Transmission Corp. v. George S. Tabor & 401 Acres More or Less
  757 F.2d 662· 5th Cir.· 1985-04-15 ·cited 2×
  The court held that the defendant owned a compensable property right requiring expropriation and that the amount of compensation awarded was just. The court also affirmed that the defendant's claims for damages for trespass had prescribed, but his claim for compensation for expro
• Laird v. State of Fla. Dep't OF Transp.
  465 So. 2d 486· Fla.· 1984-12-20 ·cited 2×
  This case concerns whether the State of Florida was required to survey and file a road survey with the county clerk after legislative designation in order for a road to be officially classified as a state road under 1941 statutes. The Florida Supreme Court affirmed the district c
• Beattie v. Shelter Props., IV
  457 So. 2d 1110· Fla. 1st DCA· 1984-10-12 ·cited 2×
  The court upheld Florida's cable television access statute (§83.66) as serving a legitimate public purpose but found it unconstitutional for requiring property owners to grant cable companies access to apartment premises without providing just compensation, following the U.S. Sup
• United States v. 5.00 Acres OF Land
  731 F.2d 1207· 5th Cir.· 1984-05-14 ·cited 2×
  The district court violated this court's mandate by conducting new evidentiary hearings after being instructed to rule based on the existing record.
• United States v. 760.807 Acres OF Land
  731 F.2d 1443· 9th Cir.· 1984-05-01 ·cited 2×
  The court held that while the jury instruction on severance damages was erroneous, no reversible error occurred because the landowners failed to present sufficient evidence that the taking of the ESHZ caused a diminution in the market value of the remainder.
• United States v. Eastman
  714 F.2d 76· 9th Cir.· 1983-08-22 ·cited 2×
  The court held that the landowner's reasonable expectations determine if a second taking is within the scope of the original project for valuation purposes.
• Lower Brule Sioux Tribe OF South Dakota v. United States
  712 F.2d 349· 8th Cir.· 1983-07-19 ·cited 2×
  The court held that the Master Plan satisfied the requirements of the Big Bend Act's revestment provision and that Section 10 of the Act clearly granted grazing rights only on specific acquired lands, not all lands taken for the project.
• Ala. Power Co. v. 1354.02 Acres
  709 F.2d 666· 11th Cir.· 1983-07-11 ·cited 2×
  The court held that the district court erred in not allowing the appellant to present evidence regarding the correct acreage for timber compensation and in assuming riparian rights were considered. However, the denial of a jury trial was constitutional.
• United States v. 50 Acres OF Land
  706 F.2d 1356· 5th Cir.· 1983-06-13 ·cited 2×
  A public condemnee with a duty to replace a condemned facility is entitled to the reasonable cost of a functionally equivalent substitute facility, not just its fair market value.
• United States v. 57.09 Acres OF Land
  706 F.2d 280· 9th Cir.· 1983-05-16 ·cited 2×
  Owners of condemned easements are entitled to severance damages for the diminution in value of the properties served by those easements, even if they do not own the underlying fee.
• Thompson v. Tualatin Hills Park & Rec. Dist.
  701 F.2d 99· 9th Cir.· 1983-03-09 ·cited 2×
  The court held that the initiation and abandonment of condemnation proceedings, without bad faith or unreasonable delay, does not constitute a taking of property without just compensation.
• United States v. 1
  698 F.2d 402· 10th Cir.· 1983-01-18 ·cited 2×
  The court held that the commission's findings regarding just compensation for the subordination of mineral rights were supported by substantial evidence and not clearly erroneous, affirming the district court's judgment.
• Dade Cnty. v. Se. (u.s.) Recycling Corp.
  422 So. 2d 1036· Fla. 3d DCA· 1982-11-30 ·cited 2×
  The court affirmed the final judgment awarding the appellee $4,026,000 in an eminent domain action.
• K. E. Morris Alignment Serv., Inc. v. Tampa-Hillsborough Cnty. Expressway Auth.
  414 So. 2d 299· Fla. 2d DCA· 1982-05-28 ·cited 2×
  K.E. Morris Alignment Service appeals from a trial court's grant of summary judgment denying business damages in a condemnation action. The court reversed, holding that the five-year requirement in Florida's business damages statute applies to the business's overall standing, not
• Ardell Adams v. The United States
  680 F.2d 746· Ct. Cl.· 1982-05-19 ·cited 2×
  The existence of prior land use or clearance easements does not preclude a separate taking of avigation easements by the United States, but compensation must account for any overlap in value diminution.
• Klatt v. Fla. Power & Light Co.
  414 So. 2d 213· Fla. 4th DCA· 1982-04-14 ·cited 2×
  Florida Power & Light Company sought to condemn a 30-foot strip of the Klatts' and Winchester's property for electrical transmission lines. The court reversed the condemnation order, holding that while the company needed 10 feet, it failed to establish necessity for the additiona
• Division OF Administration v. Espey
  413 So. 2d 71· Fla. 3d DCA· 1982-03-23 ·cited 2×
• Nalven v. Division OF Administration
  409 So. 2d 166· Fla. 2d DCA· 1982-01-29 ·cited 2×
  The court reversed and remanded a condemnation case, finding that the trial court erred in allowing the Department of Transportation's appraiser to exclude comparable property sales that were enhanced by knowledge of the proposed Interstate 75 project. The court also certified a
• Niles v. The Cnty. OF Volusia
  405 So. 2d 1046· Fla. 5th DCA· 1981-11-11 ·cited 2×
  Withdrawal of a good faith estimate of value deposited in condemnation proceedings does not automatically dismiss an appeal from an order of taking, as such orders are non-final.
• Coleman v. Escambia Cnty.
  405 So. 2d 227· Fla. 1st DCA· 1981-10-14 ·cited 2×
  Coleman appeals a condemnation award, arguing the trial court erred in excluding evidence of business damage caused by the taking of his property. The court reversed, holding that business damage may be compensable under Florida's condemnation statute if caused by the threat of c
• DSI Corp. v. The United States
  655 F.2d 1072· Ct. Cl.· 1981-07-29 ·cited 2×
  The court held that the government's challenge to a chattel mortgage's validity, even if it diminished the mortgage's value, did not constitute a taking or a breach of contract, nor was the government estopped from challenging it.
• The Comm'rs OF Highways OF the Towns OF Annawan v. United States
  653 F.2d 292· 6th Cir.· 1981-07-07 ·cited 2×
  The court held that the obligation to maintain the canal bridges was not a covenant running with the land, and the United States' obligation ceased upon Illinois' acceptance of title to the canal. However, the court reversed the award of attorney travel expenses and expert witnes
• Dep't OF Transp. v. Burnette
  399 So. 2d 51· Fla. 1st DCA· 1981-05-26 ·cited 2×
  On remand from a prior decision enjoining the Department of Transportation to stop flooding Burnette's land, the circuit court held the Department in contempt for failing to comply within 90 days. The appellate court vacates the contempt order, clarifying that its prior decision
• Ryan v. Town OF Manalapan
  393 So. 2d 633· Fla. 4th DCA· 1981-02-11 ·cited 2×
  A public body acquiring land by means other than eminent domain is not bound by private restrictions governing the land's use. Restrictive covenants are not enforceable against such public bodies.
• Goadby v. Philadelphia Elec. Co.
  639 F.2d 117· 3d Cir.· 1981-01-09 ·cited 2×
  The court held that a preliminary injunction should not have been granted because the plaintiff had an adequate remedy at law through monetary damages in the state court system.
• United States v. 12.18 Acres OF Land IN Jefferson Cnty.
  623 F.2d 131· 10th Cir.· 1980-06-06 ·cited 2×
  The court held that the former lessees of railroad land had a compensable property interest in their improvements, analogous to the taking in Almota Farmers Elevator & Whse. Co. v. United States, because the Government's actions effectively constituted a single taking at the time
• Flake v. State
  383 So. 2d 285· Fla. 5th DCA· 1980-05-07 ·cited 2×
  Citrus nursery owners challenged a quarantine imposed by Florida's Department of Agriculture on their Star Ruby grapefruit trees as an unconstitutional taking without due process or compensation. The court upheld the quarantine as a valid exercise of police power to protect Flori
• A-B Cattle Co. v. The United States
  621 F.2d 1099· Ct. Cl.· 1980-04-30 ·cited 2×
  The court held that plaintiffs' motion to amend their petition should be denied because the proposed amendments were based on theories of liability (fifth amendment taking and breach of contract) that failed to state a valid claim, primarily due to the Colorado Supreme Court's ru
• Elden v. The United States
  617 F.2d 254· Ct. Cl.· 1980-03-19 ·cited 2×
  The court held that the government did not exceed its rights under the lease by flooding the premises for flood control purposes, and that the lease termination for nonpayment of rent was valid.
• AAA Million Auto Parts, Inc. v. Affron
  379 So. 2d 707· Fla. 3d DCA· 1980-02-12 ·cited 2×
  In an eminent domain proceeding involving partial taking of leased property, the court affirmed denial of allocation to the tenant for remainder interest in the leasehold, finding that allowing such allocation would constitute impermissible double recovery where the tenant had al
• United States v. 410.69 Acres OF Land
  608 F.2d 1073· 5th Cir.· 1979-12-27 ·cited 2×
  The court held that a landowner is not entitled to reimbursement for litigation expenses incurred in a condemnation proceeding that was voluntarily dismissed by the government when the landowner subsequently sells the land to the government for their asking price.
• Division OF Administration v. Shepard
  382 So. 2d 45· Fla. 2d DCA· 1979-11-09 ·cited 2×
  Interest under Section 74.061, Florida Statutes, is only allowed when there is a verdict, and not when the parties reach a settlement agreement.
• Weatherford v. United States
  606 F.2d 851· 9th Cir.· 1979-09-12 ·cited 2×
  The court held that the landowners were not entitled to compensation for the loss of the right to irrigate their land, as the taking of the easement was an exercise of the government's navigational servitude.
• United States v. 350.925 Acres OF Land
  588 F.2d 430· 5th Cir.· 1979-01-24 ·cited 2×
  The district court correctly granted summary judgment because the appellant failed to demonstrate a superior claim to the property, even if the appellee's limitation title was not definitively established as a matter of law.
• United States v. Clarke
  590 F.2d 765· 9th Cir.· 1979-01-15 ·cited 2×
  25 U.S.C. § 357 permits states to acquire Indian trust lands through inverse condemnation, not just direct eminent domain, provided compensation is paid.
• Klugh v. United States
  588 F.2d 45· 4th Cir.· 1978-11-17 ·cited 2×
  The dissenting judge believes the testator intended to benefit successive generations of descendants as classes, limited by the Rule Against Perpetuities, and that the remainder vested in the grandchildren's class.
• United States v. 47.3096 Acres
  583 F.2d 270· 6th Cir.· 1978-08-28 ·cited 2×
  The court held that a lot method appraisal in a condemnation case is inadmissible without credible evidence of subdivision costs and reasonable probability of future subdivision.
• Caporal v. United States
  577 F.2d 113· 10th Cir.· 1978-06-02 ·cited 2×
  The court held that the district court did not err in its valuation of the property or the leasehold interest, nor in its determination of the alley ownership and compensation, but did err in failing to award interest on the deficiency payment.
• M. H. S. Co., Inc. v. Commissioner OF Internal Revenue
  575 F.2d 1177· 6th Cir.· 1978-05-15 ·cited 2×
  The court held that the taxpayer's investment in a joint venture constituted a partnership interest, not 'like kind' property, thus gain was not nonrecognized.
• Georgia-Pacific Corp. v. The United States
  568 F.2d 1316· Ct. Cl.· 1978-01-25 ·cited 2×
  The Court of Claims held that the District Court has the authority to determine the date of taking in a condemnation suit, even if it predates the filing of the suit or declaration of taking, and that this is the preferred forum for resolving all aspects of the compensation claim
• City OF ST. Petersburg v. Vinoy Park Hotel Co.
  354 So. 2d 136· Fla. 2d DCA· 1978-01-25 ·cited 2×
  The trial court lost jurisdiction to award costs and attorney fees after the notice of appeal was filed. The prior appeal determined the necessity of the taking.
• United States v. Shewfelt Inv. Co.
  570 F.2d 290· 9th Cir.· 1977-11-16 ·cited 2×
  The court held that the district court did not err in refusing to base the valuation of the leasehold interest on the land's speculative market value, as speculation did not affect the value of a temporary leasehold.
• Jupiter Inlet Corp. v. The Vill. OF Tequesta
  349 So. 2d 216· Fla. 4th DCA· 1977-08-09 ·cited 2×
  A municipality may be held responsible through inverse condemnation when it takes water from a shallow aquifer beneath an owner's land for a public purpose, depriving the owner of its beneficial use.
• Rogoski v. City OF Muskegon
  550 F.2d 1075· 6th Cir.· 1977-03-07 ·cited 2×
  A federal court action seeking additional compensation for property taken is barred by res judicata if the issue of the date of taking could have been litigated in a prior state eminent domain proceeding but was not raised.
• United States v. 62.61 Acres OF Land
  547 F.2d 818· 4th Cir.· 1977-01-18 ·cited 2×
  The court held that the Redds had no compensable interest in the stone jetty because it was not included in their deed and they did not acquire ownership through other means, despite some government payments for a light placed on it.
• Alfred and Estelle Minot v. The United States & Guam Power Auth.
  546 F.2d 378· Ct. Cl.· 1976-12-15 ·cited 2×
  The United States is not liable for inverse condemnation when the Guam Power Authority, acting independently, erected a larger power line on an easement previously granted to the United States.
• Taylor v. Tampa Elec. Co.
  335 So. 2d 349· Fla. 2d DCA· 1976-07-21 ·cited 2×
  The court upheld a circuit court's order requiring a clerk to refund commissions collected on funds disbursed to defendants in an eminent domain proceeding. The court held that Florida Statutes § 74.051 prohibits clerks from collecting commissions on funds distributed from the co
• United States v. 1
  573 F.2d 1054· 9th Cir.· 1976-05-03 ·cited 2×
  The court held that the United States possessed the power of eminent domain to condemn the land, reversing the district court's decision.
• United States ex rel. Tenn. Valley Auth. v. TWO Tracts OF Land Containing a Total OF 146.4 Acres
  532 F.2d 1083· 6th Cir.· 1976-04-06 ·cited 2×
  The court held that the Tennessee Valley Authority has the power to condemn land for the Tellico Dam project, even if some land is intended for future resale for industrial and recreational purposes, and that the awarded compensation was within the range of evidence.