Eminent Domain

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

• United States v. Black
  167 F.2d 167· 5th Cir.· 1948-04-01 ·cited 2×
  The court held that the government's right to renew the lease for condemned land was preserved under the Act of July 2, 1917, even after the repeal of the Second War Powers Act.
• State Rd. Dep't of Fla. v. United States
  166 F.2d 843· 5th Cir.· 1948-04-01 ·cited 2×
  The court held that the State Road Department could not maintain its claim for compensation in the condemnation proceedings because the highway was expressly excluded from the taking, and any claim for a taking of the highway must be brought in the Court of Claims.
• United States v. Beard's Erie Basin, Inc.
  157 F.2d 956· 2d Cir.· 1946-11-11 ·cited 2×
  The court held that the Commissioners' findings of fact regarding severance damages, which were supported by evidence and not based on an incorrect legal rule, were entitled to deference and affirmed the award.
• United States v. 1.87 Acres OF Land IN City OF Philadelphia
  155 F.2d 113· 3d Cir.· 1946-03-26 ·cited 2×
  The court held that the trial court did not err in submitting the issues of fee value and leasehold value to the same jury simultaneously, nor in instructing the jury that the leasehold extended for its full term.
• Pedrotti v. Marin Cnty.
  152 F.2d 829· 9th Cir.· 1946-01-10 ·cited 2×
  The court held that the testator's primary intent was to create a memorial, not a general charitable trust, and thus the involuntary transfer of the property through eminent domain terminated the trust and caused the property to revert to the heirs.
• Bailey v. Young
  149 F.2d 15· D.C. Cir.· 1945-03-26 ·cited 2×
  The court held that the statute governing alley widening does not require all three specified conditions to exist simultaneously, and that there was sufficient evidence to support the Commissioners' determination of public interest.
• United States v. 150.29 Acres OF Land IN Milwaukee Cnty.
  148 F.2d 33· 7th Cir.· 1945-03-05 ·cited 2×
  The court held that the $40,000 specified in the lease for a sale of the property constitutes liquidated damages, even if the property is taken by condemnation not covered by a specific condemnation clause.
• O'Hara v. Dist. of Columbia
  147 F.2d 146· D.C. Cir.· 1944-12-26 ·cited 2×
  The District of Columbia obtained a fee simple absolute in condemned land upon deposit of damages, and temporary nonuse does not constitute abandonment.
• Dickinson v. Brown-Crummer INV. Co.
  137 F.2d 615· 10th Cir.· 1943-08-06 ·cited 2×
  A resale tax deed extinguishes the lien of special assessments, but a county's appropriation of property for public use, with improvements, limits bondholders' recovery to the property's value before improvements.
• Empie et ux. v. United States
  131 F.2d 481· 4th Cir.· 1942-11-12 ·cited 2×
  Compensation for condemned land is due to the owner at the time of the institution of condemnation proceedings, not at the time of the physical taking or flooding.
• Fletcher v. Maupin
  129 F.2d 46· D.C. Cir.· 1942-06-15 ·cited 2×
  The court held that the government's requisition of the property was valid, and the appellant's quitclaim deed did not transfer the right to the interest fund. Therefore, the appellant had no claim to the fund.
• In re Keith
  128 F.2d 908· 5th Cir.· 1942-06-09 ·cited 2×
  The court held that while the district judge has discretion in ordering payment of deposited funds in condemnation cases, this discretion must be exercised to avoid undue hardship and cannot be used to induce settlements. However, the judge's actions in this case did not constitu
• Wells v. United States
  123 F.2d 506· 6th Cir.· 1941-11-14 ·cited 2×
  The court held that the granting of a continuance did not discharge the special jury panel, and the jury's award was not inadequate given the evidence of alternative access.
• Edmund Realty Co. v. Walmer BLDG. Co.
  123 F.2d 54· 8th Cir.· 1941-10-16 ·cited 2×
  The court held that the fee owner's proposed formula for dividing a condemnation award between a lessee and owner was not binding and that the trial court properly determined the values based on substantial evidence and Missouri Supreme Court precedent.
• United States v. W. Va. Power Co.
  122 F.2d 733· 4th Cir.· 1941-09-17 ·cited 2×
  The court held that the condemnation proceedings were authorized by law, as subsequent Congressional acts unconditionally approved the project, and that the denial of immediate possession was likely based on the erroneous belief that the condemnation was unauthorized.
• The City Mortg. & Bond Co. v. Nassau Cnty.
  119 Fla. 676· Fla.· 1935-04-08 ·cited 2×
  The Florida Supreme Court reversed a default judgment in a condemnation case where Nassau County sought to acquire land for drainage ditches along a public highway, finding that the trial court erred by entering default while defendant's motion to compel amendment of the petition
• Spafford v. Brevard Cnty.
  92 Fla. 623· Fla.· 1926-06-01 ·cited 2×
  The Florida Supreme Court held that property owners have a constitutional right to be heard on the amount of just compensation in eminent domain proceedings, and that a statute allowing highway construction upon property pending condemnation based on ex parte affidavits without n
• The Fla. Cent. & Peninsular R.R. Co. v. Bell
  43 Fla. 359· Fla.· 1901-06-01 ·cited 2×
  The Florida Central and Peninsular Railroad Company sought to condemn land for a railroad extension from Plant City to Tampa. The Supreme Court held that the company had statutory authority to extend its railroad and condemn property for that extension without amending its charte
• The Atl. v. State
  42 Fla. 358· Fla.· 1900-06-01 ·cited 2×
  This case concerns whether a state statute requiring railroad companies to construct connecting switches and side-tracks is constitutional and whether a bill in equity is the proper legal remedy. The court affirmed the lower court's decision, finding that the statute was a valid
• Washington v. State
  Fla. 3d DCA· 2023-03-22 ·cited 1×
  Consecutive sentences for multiple offenses are lawful under Florida law when the offenses are separately charged or when a single criminal act affects multiple victims.
• Altman v. Brevard Cnty.
  300 So. 3d 347· Fla. 5th DCA· 2020-07-09 ·cited 1×
  In this consolidated appeal concerning a beach erosion control project, the Florida Fifth District Court of Appeal reversed the trial court's order of taking that granted easements to Brevard County over five beachfront properties. The court found the County's petition fatally de
• Fla. Dep't OF Agric. & Consumer Servs. & The Fla. Comm'r of Agric. v. Mendez
  126 So. 3d 367· Fla. 4th DCA· 2013-10-16 ·cited 1×
  The Florida Department of Agriculture appeals a multimillion-dollar class action judgment for inverse condemnation arising from the destruction of citrus trees in the Citrus Canker Eradication Program. The appellate court affirmed the trial court's finding that destruction of non
• Sw. Fla. Water Mgmt. Dist. v. Shea
  86 So. 3d 582· Fla. 2d DCA· 2012-04-27 ·cited 1×
  The court held that contesting an order of taking is not a supplemental proceeding under section 73.092(2), Florida Statutes, and thus attorney's fees cannot be awarded under that provision for such actions.
• Fla. Dep't OF Agric. & Consumer Servs. v. In re Citrus Canker Litigation
  20 So. 3d 864· Fla. 3d DCA· 2009-06-17 ·cited 1×
• GIL Eriksen Props., LLC v. Pompano Beach Cmty. Redev. Agency
  997 So. 2d 522· Fla. 4th DCA· 2009-01-05 ·cited 1×
  A property owner challenged an agreed order of taking in an eminent domain proceeding, raising fraud and subject matter jurisdiction arguments nearly a year after withdrawing compensation from the court registry. The appellate court affirmed the trial court's rejection of these a
• Dames v. 926 Co., Inc.
  925 So. 2d 1078· Fla. 4th DCA· 2006-03-15 ·cited 1×
  In this eminent domain apportionment case, the court reversed the trial court's denial of the Dames' claim for compensation based on their leasehold interest in property taken by the Delray Beach Community Redevelopment Agency. The court held that the Dames had a compensable leas
• USA Independence Mobilehome Sales, Inc. v. City OF Lake City
  908 So. 2d 1151· Fla. 1st DCA· 2005-08-19 ·cited 1×
  USA Independence Mobile Home Sales, Inc. appeals the trial court's denial of its inverse condemnation claim against the City of Lake City and Columbia County following the construction of a road extension that eliminated direct highway access to its leased mobile home sales cente
• Certain Interested Underwriters AT Lloyd's London Subscribing TO Certificate No. TPCLDP217477 v. City OF ST. Petersburg
  864 So. 2d 1145· Fla. 2d DCA· 2003-12-31 ·cited 1×
  This case addresses whether property owners can pursue takings claims under state or federal constitutions when police destroy private property while executing a valid search warrant. The Florida appellate court holds that incidental property damage from lawful government actions
• Rorabeck's Plants & Produce, Inc. v. The Sch. Dist. OF Palm Beach Cnty.
  853 So. 2d 473· Fla. 4th DCA· 2003-07-02 ·cited 1×
  The School District of Palm Beach County exercised eminent domain to take a 24.88-acre property owned by Rorabeck's Plants and Produce for an elementary school. Rorabeck challenged the taking of the entire tract, arguing that 2.5 acres were intended for law enforcement use and th
• McIVER v. ST. JOE Corp.
  828 So. 2d 394· Fla. 1st DCA· 2002-09-18 ·cited 1×
  A real estate broker sued St. Joe Corporation for breach of contract, seeking a 2% commission on the sale of Topsail Hill property. The circuit court granted summary judgment for St. Joe, finding no commission was due because the property was acquired by condemnation, not a volun
• Youth FOR Christ OF Sarasota, Inc. v. Sarasota Cnty.
  765 So. 2d 794· Fla. 2d DCA· 2000-08-02 ·cited 1×
  Youth for Christ of Sarasota appealed a trial court order that modified a final judgment in an eminent domain case by offsetting the County's owed litigation costs against a deficiency judgment owed by the landowner. The appellate court reversed because the trial court lacked jur
• Brevard Cnty. v. Ramsey
  658 So. 2d 1190· Fla. 5th DCA· 1995-08-11 ·cited 1×
  Brevard County appeals an eminent domain judgment awarding business damages to the Ramseys for the taking of land adjacent to their incorporated business. The court reverses, holding that a beneficiary of a passive trust does not qualify as an "owner or holder" of land entitled t
• United States v. Novaton
  1994 U.S. Dist. LEXIS 16752· S.D. Fla.· 1994-11-08 ·cited 1×
• New Port Largo, Inc. v. Monroe Cnty.
  856 F. Supp. 659· S.D. Fla.· 1994-04-01 ·cited 1×
  The court held that a genuine issue of material fact exists regarding whether the rezoning constituted a taking, and thus denied summary judgment. The court also determined that if a taking is found, the period of liability would run from the rezoning date to the date the plainti
• The John S. Boyd Co., Inc. v. Boston GAS Co.
  992 F.2d 401· 1st Cir.· 1993-05-26 ·cited 1×
  The court held that contractual agreements to indemnify or hold harmless do not transfer CERCLA liability to a third party, and that the specific language of the agreements at issue did not evidence intent to transfer environmental liabilities.
• Warner/Elektra/Atlantic Corp. v. Cnty. OF DuPAGE
  991 F.2d 1280· 7th Cir.· 1993-04-19 ·cited 1×
  The court affirmed the judgment, holding that comparative negligence principles apply to inverse condemnation claims under the Illinois Constitution, and dismissed the county's cross-appeal.
• Media Gen. Cable OF Fairfax, Inc. v. Sequoyah Condo. Council OF Co-Owners
  991 F.2d 1169· 4th Cir.· 1993-03-29 ·cited 1×
  The court's holding is not explicitly stated as this is a concurring and dissenting opinion. The author disagrees with the majority's interpretation of the Cable Act and its avoidance of the takings issue.
• Amerkan v. City OF Hialeah
  534 So. 2d 796· Fla. 3d DCA· 1988-11-22 ·cited 1×
  In an eminent domain action, Joseph Amerkan appealed a jury verdict awarding him $200,000 for the taking of his property, arguing the award was inadequate. The court affirmed, rejecting his claims for lost rental income as business damages and his tortious interference countercla
• Circle K Gen., Inc. v. Hillsborough Cnty.
  524 So. 2d 1143· Fla. 2d DCA· 1988-05-13 ·cited 1×
  Circle K General appeals a trial court's denial of severance damages in an eminent domain case involving a partial taking of its property by Hillsborough County. The court affirmed, holding that the county was not equitably estopped from denying access to Anderson Road because Ci
• Carvel Corp. v. Division OF Administration
  473 So. 2d 48· Fla. 4th DCA· 1985-07-31 ·cited 1×
  The court held that the trial court did not err in admitting the appraisal testimony, as the Peebles rule did not require its exclusion.
• Rogers v. Tenn. Valley Auth.
  692 F.2d 35· 6th Cir.· 1982-11-03 ·cited 1×
  The court held that landowners failed to establish a genuine issue of material fact regarding equitable estoppel against the TVA's eminent domain powers, even if oral assurances were made.
• State of Fla. Dep't OF Transp. v. Byrd
  273 So. 2d 400· Fla. 1st DCA· 1973-03-01 ·cited 1×
  Florida appellate court affirmed a jury verdict awarding $225,000 as just compensation for a condemned recreational facility, holding that special-use property requires appraisal methods beyond standard fair market value analysis and that physical depreciation may be considered.
• Romero v. the City OF Pensacola
  214 So. 2d 88· Fla. 1st DCA· 1968-09-10 ·cited 1×
  This case involves a challenge to a city's eminent domain power to extend sewer lines outside its municipal boundaries. The court found that the city was expressly empowered by special acts to exercise this power, thus denying the petitioners' request for a writ of certiorari.
• Camp Phosphate Co. v. Marion Cnty.
  201 So. 2d 793· Fla. 1st DCA· 1967-06-08 ·cited 1×
  The court held that draining surface waters into a private pit does not constitute a taking under eminent domain if it does not substantially deprive the owner of beneficial enjoyment of the pit.
• City OF Jacksonville v. George Schumann et ux.
  167 So. 2d 95· Fla. 1st DCA· 1964-08-18 ·cited 1×
  The City of Jacksonville appealed the denial of its motion to dismiss and motion to strike a second amended complaint in an inverse condemnation action brought by 57 property owners living near Imeson Airport. The court recognized inverse condemnation as a viable cause of action
• Roland v. Jumper Creek Drainage Dist.
  S.D. Fla.· 1925-02-14 ·cited 1×
  Fifty-two Florida landowners sued a drainage district contractor for negligence in opening a canal that diverted water from a higher basin into a lower basin without first constructing adequate drainage outlets, causing flooding and crop damage. The court held that a contractor p
• Walker v. Gatlin
  12 Fla. 9· Fla.· 1867-01-01 ·cited 1×
  Walker, a co-maker of a promissory note given to purchase an enslaved person with a warranty of lifetime slavery, sought to enjoin enforcement of a judgment on the note after slavery was abolished. The Florida Supreme Court held that the warranty was not breached by emancipation
• Dep't OF Transp. v. J&J Props. OF Langhorne, LLC
  Del. Super. Ct.· 2025-05-16
  The Delaware Department of Transportation (DelDOT) properly initiated a condemnation action to acquire a permanent easement for the Sears Boulevard Extension. The court denied J&J Properties' motion to dismiss, finding that DelDOT adequately alleged a public purpose and a permiss
• Aida v. Micelus
  S.D. Fla.· 2025-05-16
  The court recommended dismissal of the action without prejudice.
• 569 NW 54th St., LLC v. City of Miami
  Fla. 3d DCA· 2025-05-07
  An inverse condemnation claim that seeks to challenge the propriety of an agency's prior action constitutes an impermissible collateral attack and fails to state a cause of action.