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Fla. 5th DCA·
2024-10-04
Property owners appealed an Order of Taking granting Brevard County a perpetual easement over their beachside properties for a beach renourishment project. The dissent argues the trial court erred in interpreting the federal agreement's requirement for public use and access to ap
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M.D. Fla.·
2024-08-07
Sabal Trail Transmission, LLC sought eminent domain compensation for 3.921 acres of land in Lake County, Florida owned by Sunderman Groves, Inc., and after a jury awarded Sunderman $309,500 and the Eleventh Circuit affirmed attorney's fees awards in two separate appeals, the dist
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M.D. Fla.·
2023-12-18
The court held that Florida Gas Transmission Company, LLC (FGT) has the federal power of eminent domain to condemn easements necessary for its pipeline relocation project and granted FGT immediate possession via preliminary injunction.
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Fla. 1st DCA·
2023-05-24
Amendment 13's prohibition on dog racing and wagering does not constitute a taking under the Fifth Amendment or Florida Constitution because the property owner lacked reasonable investment-backed expectations in the heavily regulated gambling industry, and the regulation is a val
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Fla. 2d DCA·
2023-02-03
The appellate court affirmed the trial court's dismissal of a case brought by landowners challenging Manatee County's wetland buffer regulations. The court found that the regulations did not constitute an unlawful exaction or a permanent physical occupation of the landowners' pro
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11th Cir.·
2023-01-10
Dr. Javier Garcia-Bengochea, a U.S. citizen, sued Carnival and Royal Caribbean for using his expropriated Cuban property (La Marítima) without permission or compensation under Title III of the Helms-Burton Act, which creates a private cause of action against those who traffic in
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11th Cir.·
2022-11-23
Dr. Javier Garcia-Bengochea, a U.S. national, sued cruise lines for trafficking in property confiscated by the Cuban government under Title III of the Helms-Burton Act, alleging they used La Marítima without his permission or compensation. Although the Eleventh Circuit found Garc
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M.D. Fla.·
2022-07-05
The court held that the defendant's motion to dismiss the second amended complaint should be denied, allowing the takings, procedural due process, and negligence claims to proceed.
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Fla. 5th DCA·
2022-06-03
Temporary COVID-19 executive orders restricting bar operations and alcohol sales constitute regulatory takings subject to the Penn Central balancing test, not per se physical takings, and under Penn Central do not amount to compensable takings because the restrictions were tempor
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Fla. 5th DCA·
2022-04-08
Temporary COVID-19 executive orders restricting bar operations constituted regulatory takings subject to the Penn Central test, not per se takings, and did not amount to compensable takings under that test or the categorical taking doctrine.
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Fla. 5th DCA·
2022-04-07
A bar group challenged COVID-19 executive orders that temporarily closed or restricted bar operations, alleging inverse condemnation (a taking of property requiring compensation). The Fifth District Court of Appeal affirmed dismissal of the complaint, holding that the temporary r
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M.D. Fla.·
2022-02-08
The court granted the joint motion for stipulated final judgment and the motion for default judgment against non-appearing defendants, establishing FGT's title to the easement.
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M.D. Fla.·
2022-02-03
The court granted both the joint motion for stipulated final judgment and the motion for default judgment against non-appearing defendants.
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M.D. Fla.·
2022-01-28
The court granted the plaintiff's motion for final summary default judgment, accepting the plaintiff's appraised valuation of the easements as just compensation due to the defendants' failure to appear or defend.
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M.D. Fla.·
2022-01-28
The court granted FGT's motion for default judgment, awarding $1,900.00 in just compensation for the easement.
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Fla. 2d DCA·
2021-12-17
This case concerns whether the Florida Department of Transportation (FDOT) acted in good faith when estimating the value of property for a "quick take" eminent domain proceeding. The appellate court affirmed the trial court's decision, finding no evidence that FDOT's appraisal wa
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M.D. Fla.·
2021-12-07
The court granted a stipulated final judgment of condemnation and entered a default judgment for compensation against non-appearing defendants.
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M.D. Fla.·
2021-12-07
The court granted a stipulated final judgment of condemnation for one defendant and a default judgment for other defendants, establishing just compensation for easements.
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M.D. Fla.·
2021-12-07
The court granted a stipulated final judgment for the main defendant and a default judgment for other defendants regarding condemnation of an easement.
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M.D. Fla.·
2021-12-07
The court granted the joint motion for stipulated final judgment of condemnation and granted default judgment against defendants who failed to appear or defend, establishing the compensation amount.
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M.D. Fla.·
2021-12-07
The court granted the joint motion for stipulated final judgment and FGT's motion for default judgment against unknown owners, establishing FGT's right to condemn easements and setting compensation.
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M.D. Fla.·
2021-11-29
The court granted a stipulated final judgment of condemnation for settled parties and entered a default judgment for the value of easements against non-appearing defendants.
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M.D. Fla.·
2021-10-22
The court held that FGT should be relieved of the requirement to deposit $500.00 into the Court's Registry, as the mistake was one of inadvertence and excusable neglect under Rule 60(b)(1), not a clerical error under Rule 60(a).
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M.D. Fla.·
2021-10-07
The court granted FGT's motion for default judgment against Unknown Owners, accepting the appraised value of the easement as just compensation.
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M.D. Fla.·
2021-10-07
The court granted FGT's motion for default judgment against Unknown Owners, establishing the value of the easement at $700.
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M.D. Fla.·
2021-10-07
The court granted FGT's motion for default judgment against Unknown Owners, accepting the appraised value of the easement as just compensation.
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M.D. Fla.·
2021-07-01
The court held that Florida Gas Transmission Company, LLC (FGT) has the right to condemn necessary easements for its natural gas pipeline project under the Natural Gas Act and is entitled to immediate possession via preliminary injunction.
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M.D. Fla.·
2021-07-01
The court granted partial summary judgment and a preliminary injunction, establishing the plaintiff's right to condemn easements for an interstate natural gas pipeline and granting immediate possession.
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M.D. Fla.·
2021-07-01
The court granted partial summary judgment, establishing the plaintiff's right to condemn easements, and granted a preliminary injunction for immediate possession to allow construction of a natural gas pipeline.
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M.D. Fla.·
2021-07-01
The court granted the plaintiff's motions for partial summary judgment and a preliminary injunction, establishing the plaintiff's right to condemn easements and granting immediate possession for pipeline construction.
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M.D. Fla.·
2021-07-01
The court held that Florida Gas Transmission Company, LLC (FGT) has the right to condemn necessary easements for its natural gas pipeline project and granted a preliminary injunction for immediate possession.
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M.D. Fla.·
2021-07-01
The court held that Florida Gas Transmission Company, LLC (FGT) has the right to condemn necessary easements for its pipeline project and granted a preliminary injunction for immediate possession upon FGT's deposit of security.
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M.D. Fla.·
2021-07-01
The court granted partial summary judgment, establishing the plaintiff's right to condemn easements, and granted a preliminary injunction for immediate possession, finding the project served the public interest and that irreparable harm would result from delays.
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M.D. Fla.·
2021-07-01
The court held that Florida Gas Transmission Company, LLC (FGT) has the right to condemn necessary easements for its natural gas pipeline project and is entitled to immediate possession via preliminary injunction.
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M.D. Fla.·
2021-07-01
The court held that Florida Gas Transmission Company, LLC (FGT) has the right to condemn the necessary easements for its pipeline project and granted a preliminary injunction for immediate possession.
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M.D. Fla.·
2021-07-01
The court granted summary judgment, establishing FGT's right to condemn easements, and granted a preliminary injunction for immediate possession, finding that FGT met the statutory requirements and the standard for injunctive relief.
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M.D. Fla.·
2021-07-01
The court held that Florida Gas Transmission Company, LLC (FGT) has the right to condemn necessary easements for its natural gas pipeline project and is entitled to immediate possession through a preliminary injunction.
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M.D. Fla.·
2021-07-01
The court held that Florida Gas Transmission Company, LLC (FGT) has the right to condemn necessary easements for its pipeline project under the Natural Gas Act and is entitled to immediate possession via preliminary injunction.
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M.D. Fla.·
2021-07-01
The court held that the plaintiff, Florida Gas Transmission Company, LLC, has the right to condemn necessary easements for its natural gas pipeline project under the Natural Gas Act and is entitled to a preliminary injunction granting immediate possession.
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N.D. Fla.·
2021-05-11
The federal district court in Florida held that state substantive law governs the measure of compensation in eminent domain cases brought by private parties under the Natural Gas Act, and therefore Florida law applies to determine what costs and attorney's fees a property owner m
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Del. Super. Ct.·
2021-03-11
The court granted the defendants' motion to dismiss, holding that the plaintiff failed to state a claim under the Fifth Amendment's Takings Clause because the vehicle was seized under the government's police power, not eminent domain. Furthermore, the court found that damages cla
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M.D. Fla.·
2021-02-11
The court held that a defendant seeking attorney's fees for excessive litigation tactics in an eminent domain case cannot discover the condemning authority's counsel's time records or hourly rates, as this information is not relevant to proving excessive litigation.
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Fla. 3d DCA·
2020-12-09
The trial court's determination that the condemning authority proved reasonable necessity for the taking is affirmed where competent substantial evidence supports the decision and no abuse of discretion is shown.
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Fla. 2d DCA·
2020-10-30
The appellate court affirmed a summary judgment for the City of Fort Myers, holding that the closure of a grocery store due to pervasive drug activity on the property did not constitute a compensable taking. The court found the illegal drug activity was inextricably intertwined w
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Fla. 3d DCA·
2020-07-29
The appellate court affirmed in part and reversed in part a trial court's order denying a motion for a new trial in an eminent domain case. The court found no abuse of discretion in limiting expert testimony but reversed regarding severance damages for a cell tower setback.
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300 So. 3d 371·
Fla. 1st DCA·
2020-07-15
The appellate court reversed a trial court's decision, finding that an electric company had established a prescriptive easement over private property. The court determined that the company's mistaken placement of utility poles on private land, unknown to the landowners for decade
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Fla. 5th DCA·
2020-07-10
The appellate court reversed a trial court's order granting Brevard County easements over private properties for a shore protection project. The court found the County's petition defective due to unclear legal descriptions of the easements and a failure to establish reasonable ne
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Fla. 5th DCA·
2020-07-10
Hubbard Investments appealed a trial court's order granting Brevard County easements for a shore protection project. The appellate court reversed, finding the County's petition defective due to unclear property descriptions and a failure to establish reasonable necessity for the
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293 So. 3d 1091·
Fla. 5th DCA·
2020-04-08
The Florida Department of Agriculture appeals a trial court order requiring it to present evidence first in a damages trial following a finding of an inverse condemnation taking. The appellate court dismisses the petition for certiorari because the Department failed to demonstrat
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M.D. Fla.·
2019-10-23
The court held that principles of comity warrant abstention, requiring dismissal of the federal action without prejudice.