Eminent Domain

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

• United States v. 573.88 Acres OF Land
  531 F.2d 847· 7th Cir.· 1976-03-25 ·cited 2×
  The court held that condemnation commission reports are not required to detail every step of their reasoning, as long as they provide a sufficient basis for judicial review and are within the range of the evidence presented.
• Emeny v. The United States
  526 F.2d 1121· Ct. Cl.· 1975-12-17 ·cited 2×
  The court held that pre-litigation expenses are not recoverable under 42 U.S.C. § 4654(c), and that fees paid to duplicate sets of attorneys were not 'reasonable' expenses.
• Chasteen v. Trans World Airlines, Inc.
  520 F.2d 714· 8th Cir.· 1975-07-02 ·cited 2×
  The court held that a civil rights action is barred by res judicata and collateral estoppel when the core issue has been previously litigated and decided in state court.
• Griffin v. City OF Jacksonville
  314 So. 2d 605· Fla. 1st DCA· 1975-06-24 ·cited 2×
  Property owners challenged a city's exercise of eminent domain to acquire their industrial fence manufacturing business as part of a neighborhood redevelopment plan. The court held that a city must demonstrate specific necessity for taking a particular parcel, not merely adopt a
• Wash. Metro. Area Transit Auth. v. ONE Parcel OF Land IN the Dist. OF Columbia Vestry OF Rock Creek Parish
  514 F.2d 1350· D.C. Cir.· 1975-06-23 ·cited 2×
  The court held that the Washington Metropolitan Area Transit Authority (Metro) has the power to condemn a temporary property interest in Rock Creek Cemetery for the limited purpose of conducting eight test borings, and that Metro was not required to join all burial plot owners at
• City OF Miami v. Plato COX
  313 So. 2d 443· Fla. 3d DCA· 1975-05-27 ·cited 2×
  The City of Miami appealed a trial court judgment denying its eminent domain action to acquire property for a public park. The appellate court affirmed, holding that the city failed to prove public necessity for the taking, and that municipal resolutions alone cannot satisfy the
• Division OF Administration v. Rinker Materials Corp.
  302 So. 2d 197· Fla. 4th DCA· 1974-10-25 ·cited 2×
• United States v. 1
  491 F.2d 700· 8th Cir.· 1974-02-13 ·cited 2×
  The dissenting opinion argues that a jury should determine whether landowners breached their duty of care and whether the proximate cause of a child's injury from an improvised swing was the landowners' negligence or an intervening cause.
• City OF Miami v. Fla. E. Coast Ry. Co.
  286 So. 2d 253· Fla. 3d DCA· 1973-11-27 ·cited 2×
  The City of Miami's appeal of summary judgment in favor of the Florida East Coast Railway was affirmed because the City was estopped from imposing new permit conditions after the railroad satisfied the original conditions.
• John W. Whidden et ux. v. Division OF Administration
  281 So. 2d 419· Fla. 1st DCA· 1973-08-09 ·cited 2×
  Landowners appealed from a final judgment in an eminent domain action challenging the damages awarded for property taken for Interstate 10 construction. The court reversed and remanded for a new trial, finding the trial judge abused his discretion by allowing cross-examination re
• Dawna M. Pozin v. State of Fla. Dep't OF Transp.
  281 So. 2d 73· Fla. 1st DCA· 1973-08-07 ·cited 2×
  The court held that landowners are not entitled to compensation for the increase in property value attributable to a proposed improvement if that increase occurred after the market was assured of the improvement's exact location.
• Paxson v. Dade Cnty.
  284 So. 2d 14· Fla. 3d DCA· 1973-07-10 ·cited 2×
• United States v. 201.19 Acres OF Land
  478 F.2d 1042· 9th Cir.· 1973-05-14 ·cited 2×
  The court held that the trial court's award was based on erroneous interpretations of the Sustained Yield Agreement and Declarations of Taking, leading to inadequate compensation for the condemned easement.
• City OF N. Miami v. Fla. E. Coast Ry. Co.
  277 So. 2d 62· Fla. 3d DCA· 1973-04-17 ·cited 2×
  In this eminent domain case, the City of North Miami sought to condemn a railroad crossing easement, but the Florida East Coast Railway Company countered that the City was bound by a 1968 License Agreement obligating it to reimburse the railroad for crossing construction and main
• United States v. Garcia
  474 F.2d 1202· 5th Cir.· 1973-03-12 ·cited 2×
  The court held that the district court properly adhered to statutory requirements for a judicial sale of realty and did not abuse its discretion in confirming the private sale.
• Chongris v. Corrigan
  409 U.S. 919· U.S.· 1972-10-16 ·cited 2×
• The City OF Miami v. Silver
  257 So. 2d 563· Fla. 3d DCA· 1972-01-11 ·cited 2×
  The City of Miami appeals a trial court judgment invalidating R-1 single-family residential zoning on the Silvers' bayfront property, finding it unreasonable, arbitrary, and confiscatory. The appellate court affirmed, holding that the zoning restriction bore no rational relations
• United States v. An Easement & Right OF WAY 100 Feet Wide
  447 F.2d 1317· 6th Cir.· 1971-09-09 ·cited 2×
  The court held that the owner is not entitled to recover for the peculiar value of the land as a private landing strip or for the frustration of his plans to construct one.
• United States v. Deist
  442 F.2d 1325· 9th Cir.· 1971-05-12 ·cited 2×
  The court held that the district court did not err in appointing a commission to determine just compensation in an eminent domain proceeding, nor did the commission err in admitting certain evidence.
• Cent. & S. Fla. Flood Control Dist. v. Tosohatchee Game Preserve
  248 So. 2d 193· Fla. 4th DCA· 1971-04-23 ·cited 2×
  The court held that the condemnation petition sufficiently stated a cause of action, despite the absence of a formal authorizing resolution, as substantial compliance with statutory requirements was met.
• United States v. 1
  441 F.2d 356· 2d Cir.· 1971-04-14 ·cited 2×
  The court held that the trial court did not err in its calculation of just compensation for condemned property, including fixtures, buildings, and leasehold interests.
• Dade Cnty. v. Nunley
  35 Fla. Supp. 125· Dade Cty. Cir. Ct.· 1971-03-03 ·cited 2×
  In this condemnation proceeding, Dade County sought to take land along N.W. 20th Street to widen it. The court held that Miami's Base Building Lines ordinance, which restricted development within anticipated right-of-way areas, could not be considered by appraisers in determining
• Dade Cnty. v. Bar-Zac, Inc.
  35 Fla. Supp. 122· Dade Cty. Cir. Ct.· 1971-02-19 ·cited 2×
  A county's 'zoned right-of-way' ordinance cannot be considered when determining compensation in a condemnation case, especially after a prolonged period of non-enforcement.
• Ragland v. State of Fla. Dep't OF Transp.
  242 So. 2d 475· Fla. 1st DCA· 1970-12-08 ·cited 2×
  The court held that the petitioner failed to demonstrate that the order of taking for the highway should be delayed or denied, as there was no competent substantial evidence of an arbitrary decision or abuse of discretion.
• Town OF Palm Beach v. City OF W. Palm Beach
  239 So. 2d 835· Fla. 4th DCA· 1970-10-09 ·cited 2×
  The Town of Palm Beach challenged West Palm Beach's use of eminent domain to acquire land within Palm Beach's boundaries for construction of a sewage disposal system with an ocean outfall. The court held that Florida law authorizes municipalities to condemn property in other muni
• Wakulla-Silver Springs Co. v. Smith
  249 So. 2d 738· Fla. 1st DCA· 1970-07-21 ·cited 2×
  Wakulla-Silver Springs Company appealed the trial court's denial of a temporary injunction to prevent Wakulla County from taking possession of and interfering with a strip of land that the company claimed to own. The court upheld the denial, finding the trial judge did not abuse
• United States v. 365.0 Acres OF Land
  428 F.2d 459· 4th Cir.· 1970-06-29 ·cited 2×
  The United States has the authority to use eminent domain to acquire land adjoining the Blue Ridge Parkway for recreational uses.
• Garden Constr. Co., Inc. v. The United States
  423 F.2d 273· Ct. Cl.· 1970-03-20 ·cited 2×
  The court held that the plaintiff's costs and damages did not result from a taking by the defendant, as they were incurred pursuant to lawful requirements of Baltimore County.
• Brun v. City OF W. Palm Beach
  227 So. 2d 347· Fla. 4th DCA· 1969-09-24 ·cited 2×
  In an eminent domain proceeding where the City of West Palm Beach condemned land owned by A. G. Dal Brun, the court held that a wife's inchoate right of dower is extinguished when land is condemned, and she has no interest in the condemnation proceeds. This affirms the majority r
• Surfside OF Brevard, Inc. v. United States
  414 F.2d 915· 5th Cir.· 1969-08-11 ·cited 2×
• Emeny v. The United States
  412 F.2d 1319· Ct. Cl.· 1969-07-16 ·cited 2×
  The court held that the right to use the Bush Dome for the storage of helium-gas mixtures and pure helium produced elsewhere is vested in the plaintiffs, not the defendant.
• Blow v. Colonial OIL Co.
  225 So. 2d 167· Fla. 1st DCA· 1969-06-26 ·cited 2×
  A tenant may substantially alter a leased structure, including regrading the premises, if necessitated by unforeseen circumstances and agreed to by the landlord, provided the property is restored to its original condition at the end of the lease term.
• United States v. Easements AND Rights-Of-Way
  409 F.2d 660· 6th Cir.· 1969-04-09 ·cited 2×
  The court held that incidental damages to land outside the easement boundaries, caused by the construction and maintenance of high-tension electric transmission lines, are compensable.
• Gov't OF Guam v. Moylan
  407 F.2d 567· 9th Cir.· 1969-02-03 ·cited 2×
  The court held that the condemnation of property for urban renewal and resale was for a public purpose with sufficient legislative authorization, but remanded the injunction-declaratory judgment case for consideration of whether a declaratory judgment on the sale method was appro
• City OF Grand Prairie v. Am. Tel. & Tel. Co.
  405 F.2d 1144· 5th Cir.· 1969-01-02 ·cited 2×
  A city cannot require a utility to relocate facilities at its own expense when those facilities are located on a privately acquired easement that predates the public street construction.
• Elinor Hibbard v. State Rd. Dep't of Fla.
  216 So. 2d 245· Fla. 2d DCA· 1968-12-04 ·cited 2×
  This appeal concerns a trial court's dismissal with prejudice of a declaratory relief action after the plaintiff failed to file an amended complaint within the court-ordered deadline and instead filed a voluntary dismissal notice. The court affirms, holding that the dismissal ord
• United States v. 1
  405 F.2d 913· 6th Cir.· 1968-11-25 ·cited 2×
• Prechter v. United States
  400 F.2d 124· 5th Cir.· 1968-08-20 ·cited 2×
  The court held that the commission's failure to value seven acres of the condemned land requires reversal and resubmission.
• Fla. Bd. OF Parks & Historic Memorials v. Collier
  213 So. 2d 460· Fla. 2d DCA· 1968-07-26 ·cited 2×
  The court held that the Florida Board of Parks and Historic Memorials' power of condemnation is limited by statute to property contiguous to areas under its jurisdiction on July 1, 1949, unless express legislative approval is granted.
• Mrs. Rosa Lee Craft Rousseaux v. United States
  394 F.2d 123· 5th Cir.· 1968-05-07 ·cited 2×
  The appellate court affirmed the trial court's confirmation of the commission's award, finding no error in the proceedings.
• Cent. Bank & Tr. Co. v. City OF Miami Beach
  392 F.2d 549· 5th Cir.· 1968-04-04 ·cited 2×
  The court held that the off-street parking requirement was a valid exercise of police power and not an unconstitutional taking, but remanded to dismiss state law claims without prejudice.
• Young v. Hillsborough Cnty.
  206 So. 2d 405· Fla. 2d DCA· 1968-01-17 ·cited 2×
  The Young appellants challenged the trial court's denial of business damages resulting from the partial condemnation of their property that destroyed their Hardware business. The court affirmed, holding that destruction or damage to a business is not separately compensable in emi
• Cnty. of Sarpy v. The United States
  386 F.2d 453· Ct. Cl.· 1967-11-09 ·cited 2×
  The court held that the measure of just compensation for a taken public road is the reasonable cost of necessary substitute facilities, and the compensation should be based on the cost of the more direct east-west substitute road as of the date of taking, plus interest.
• Ga. S. & Fla. Ry. Co. v. Duval Connecting R.R. Co.
  203 So. 2d 612· Fla.· 1967-11-08 ·cited 2×
  Georgia Southern and Florida Railway Company sought certiorari review of an interlocutory order in an eminent domain action, claiming the court erred in finding that Duval Connecting Railroad had the power to condemn an easement for a grade crossing. The Florida Supreme Court hel
• Marinclin v. Urling
  384 F.2d 872· 3d Cir.· 1967-10-25 ·cited 2×
  The grant of a way of necessity under 36 P.S. § 2731 to a buyer of landlocked property does not violate the Fourteenth Amendment's due process clause.
• City OF Thibodaux v. La. Power & Light Co.
  373 F.2d 870· 5th Cir.· 1967-03-06 ·cited 2×
  The court held that capitalizing present income is a proper method for valuing a franchise when no comparable sales exist, but compensation for future growth under a franchise is not permissible as a matter of law.
• Gaynelle C. Gregory v. Town OF Pageland
  374 F.2d 490· 4th Cir.· 1967-02-28 ·cited 2×
  The court held that while an action for compensation was the proper remedy, the damages awarded by the District Court were excessive and not supported by the evidence.
• United States v. Ferguson
  368 F.2d 324· 4th Cir.· 1966-10-19 ·cited 2×
  The court held that the landowners were justly compensated and the commission's report and damage calculation were not erroneous.
• State Rd. Dep't of Fla. v. Levato
  192 So. 2d 35· Fla. 4th DCA· 1966-09-14 ·cited 2×
  In this eminent domain appeal, the Florida appellate court reversed a judgment awarding $16,000 to property owners because the trial court admitted an expert appraiser's valuation report that was statutorily prohibited from use at trial under Florida Statutes section 74.09. The a
• Cheatham v. Carter Cnty.
  363 F.2d 582· 6th Cir.· 1966-07-20 ·cited 2×
  A federal court has jurisdiction over a suit for just compensation for land taken by a county, even if a state condemnation proceeding is pending, if the county knew of the plaintiffs' equitable interest but failed to join them as parties.