Eminent Domain

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

• Leon Cnty. v. Lakeshore Gardens Homeowners' Ass'n, Inc.
  265 So. 3d 706· Fla. 1st DCA· 2019-02-28
  Leon County sought to condemn common area property owned by members of Lakeshore Gardens Homeowners' Association for an easement. The circuit court dismissed the eminent domain petition for failure to name all 100+ individual property owners as indispensable parties rather than t
• Fla. Gas Transmission Co., LLC v. Johnson
  264 So. 3d 336· Fla. 1st DCA· 2019-02-05
  In an eminent domain proceeding, the trial court awarded attorney's fees to Johnson using the lodestar method under Florida Statute § 73.092(2). FGT appealed, arguing the trial court should have used the benefits achieved method under § 73.092(1) because a valid written offer exi
• City OF Sunny Isles Beach v. Cavalry Corp.
  208 So. 3d 1247· Fla. 3d DCA· 2017-01-25
  The City of Sunny Isles Beach appealed the denial of its motion for new trial in an eminent domain case where a jury awarded the property owner $855,000 in compensation for a taking of canal property, rejecting the City's contention that conceptual site plans depicting a private
• Orange Cnty. v. Beryle S. Buchman
  183 So. 3d 457· Fla. 5th DCA· 2016-01-08
  In this eminent domain case, Orange County sought to recover from an additur imposed by the trial judge on a jury verdict awarding severance damages to property owners. The court affirmed the additur, holding that a trial judge may correct a jury verdict when its component findin
• In & for Sussex Cnty.
  Del. Super. Ct.· 2015-11-18
  The Delaware Superior Court granted the Plaintiff's motion in limine, excluding sections of the Defendant's 'Owner Opinion of Market Value' and a letter from the Defendant's expert witness. The court found that the Defendant's owner opinion improperly incorporated expert testimon
• Bush v. Roundpoint Mortg. Servicing Corp.
  M.D. Fla.· 2015-08-19
  A motion to dismiss an FCRA claim should be denied if plaintiffs allege that a technically true but incomplete credit report, failing to note third-party fault for a late payment, was misleading and that the furnisher failed to investigate the dispute.
• Homestead Land Grp., LLC v. City OF Homestead
  165 So. 3d 62· Fla. 3d DCA· 2015-06-03
  HLG appeals a trial court's approval of an eminent domain taking by the City of Homestead, claiming it had an interest in the taken property through a reversionary clause. The court affirmed, holding that HLG had no legally cognizable interest in the property at the time of the t
• Lawson
  Del.· 2014-04-23
  The Delaware Supreme Court held that the Real Property Acquisition Act requires reimbursement for litigation expenses when a condemnation proceeding is dismissed because the condemning agency improperly exercised its eminent domain power in that specific proceeding. The Court als
• Bivens v. River Haven, Inc.
  137 So. 3d 431· Fla. 2d DCA· 2014-02-28
• Bd. OF Trs. OF the Internal Improvement Tr. Fund & The Fla. Dep't of Env't Prot. v. Walton Cnty.
  121 So. 3d 1166· Fla. 1st DCA· 2013-09-23
  The Florida Department of Environmental Protection and Board of Trustees of the Internal Improvement Trust Fund appealed a trial court's decision to retain venue in Leon County for an inverse condemnation lawsuit filed by property owners whose land was affected by a beach restora
• Vignoli v. Clifton Apts., Inc.
  74 F. Supp. 831· S.D. Fla.· 2013-03-13
  The court held that plaintiffs sufficiently alleged interstate commerce but failed to allege facts supporting a joint enterprise theory under the FLSA.
• Mount Soledad Mem'l Assn. v. Trunk
  567 U.S. 944· U.S.· 2012-06-25
  The Supreme Court denied certiorari in this case challenging the constitutionality of a large white cross memorial to war veterans atop Mount Soledad in San Diego. Justice Alito's statement respecting denial emphasizes that the case remains in interlocutory posture pending the di
• Jacksonville Transp. Auth. v. Titus Harvest Dome Spectrum Church, Inc.
  87 So. 3d 1290· Fla. 1st DCA· 2012-06-01
• Blueprint 2000 Intergovernmental Agency v. The Heirs & Beneficiaries OF the Est. OF Prince Griffin & All Other Unknown Parties Claiming By
  77 So. 3d 246· Fla. 1st DCA· 2012-01-13
• MH NEW Invs., LLC v. Dep't OF Transp.
  76 So. 3d 1071· Fla. 5th DCA· 2011-12-23
  L-N-W Pizza appeals a summary judgment dismissing its business damages claim in an eminent domain proceeding where the Department of Transportation sought to take a portion of a leased property's parking lot. The court reversed, holding that despite the lease's characterization o
• In & for New Castle Cnty. Bass Props., Inc. v. Pub. Serv. Comm'n
  Del. Super. Ct.· 2011-07-14
  The Public Service Commission lacked the authority to order Bass Properties to transfer title to the real property underlying the wastewater treatment facility. The Commission also lacked the authority to order Bass to directly reimburse the County for repair and maintenance expe
• Calhoun v. Volusia Cnty.
  26 So. 3d 624· Fla. 5th DCA· 2009-12-31
  A law firm and related service providers appealed a dismissal of their suit seeking attorney's fees and costs incurred by property owners in defending against a threatened county road widening project. The court affirmed, holding that Florida's eminent domain statute does not aut
• Kirkland v. City OF Lakeland
  3 So. 3d 398· Fla. 2d DCA· 2009-02-04
  The court held that the City of Lakeland had the power to take land outside its boundaries by eminent domain for a road right-of-way, and presented sufficient evidence of public purpose and necessity.
• State of Fla. Dep't OF Transp. v. Bd. OF Supervisors OF ST. John's Water Control Dist.
  981 So. 2d 605· Fla. 4th DCA· 2008-05-14
  The Florida Department of Transportation appealed a judgment awarding inverse condemnation compensation to St. John's Water Control District, challenging the trial court's use of the trial date as the valuation date. The court reversed, holding that the proper valuation date in i
• City of Hollywood Cmty. Redev. Agency v. 1843, LLC
  980 So. 2d 1138· Fla. 4th DCA· 2008-03-26
  The City of Hollywood Community Redevelopment Agency appealed the trial court's dismissal of its eminent domain petition to condemn a commercial property owned by the Mach family as part of an urban redevelopment project. The appellate court reversed, holding that the CRA present
• Rawls v. Leon Cnty.
  974 So. 2d 543· Fla. 1st DCA· 2008-02-13
  Helen Rawls appealed an order of taking by Leon County to condemn her property for road construction. The court affirmed the condemnation, holding that the County presented substantial competent evidence of reasonable necessity for taking the property, including testimony on cost
• Cartanza v. C.A. No. 2641-MG Del. Dep't OF Natural Res. & Env't Control
  Del. Ch.· 2008-02-06
  The Delaware Court of Chancery held that plaintiffs lacked standing to challenge the designation of their properties as Natural Areas (NAs) because such designations have no independent legal significance and impose no restrictions on landowners. The court further held that the S
• City OF Jacksonville v. Westland Park Assocs., II
  Fla. 1st DCA· 2007-02-12
  Severance damages are not available for reduced access attributable to median construction within the government's existing right-of-way, even if part of a larger project that includes a taking.
• State v. Target Corp.
  937 So. 2d 703· Fla. 4th DCA· 2006-08-16
  In an eminent domain proceeding, the Florida Fourth District Court of Appeal reversed a $2.5 million business damages award to Target Corporation, finding that Target improperly introduced evidence of speculative future expansion plans that were never submitted for approval and f
• Fulmore v. Charlotte Cnty. & Murdock Vill. Cmty. Redev. Agency
  928 So. 2d 1281· Fla. 2d DCA· 2006-05-31
  Multiple property owners challenged the constitutionality of Florida's Community Redevelopment Act and the taking of their property in the Murdock Village redevelopment area through eminent domain. The court affirmed the trial court's rejection of both facial and as-applied const
• United States v. Persaud
  420 F. Supp. 2d 1263· M.D. Fla.· 2006-01-18
  The court held that while the government has the power to force a sale of property to satisfy tax debts, equitable considerations and third-party interests, as outlined in United States v. Rodgers, may warrant postponing or modifying such sales, particularly concerning a spouse's
• Grover Burgan & Rhona Burgan & Ramp Realty of Fla., Inc. v. City OF Jacksonville
  920 So. 2d 70· Fla. 1st DCA· 2006-01-10
  In an eminent domain proceeding where the City of Jacksonville sought to acquire the Burgans' property to widen a road, the jury awarded damages substantially below the lowest expert valuation presented at trial. The appellate court reversed, holding that the jury violated the tr
• State v. Lockhart
  909 So. 2d 590· Fla. 5th DCA· 2005-09-02
  Florida's Department of Transportation appealed a trial court's award of attorney's fees to property owners in an eminent domain proceeding for costs incurred in litigating the amount of expert witness fees owed by the State. The court affirmed, holding that post-judgment cost pr
• Houlihan's Rests., Inc. v. Apac-Florida, Inc.
  911 So. 2d 816· Fla. 1st DCA· 2005-08-11
  Houlihan's Restaurants appealed a trial court judgment apportioning a $1.1 million condemnation award between itself and property owner CNL, receiving $167,618.99. The court affirmed, holding that competent substantial evidence supported the trial court's inclusion of the value o
• Chuck Blankenship v. Dep't OF Transp.
  890 So. 2d 1130· Fla. 5th DCA· 2004-12-03
  The court held that potential flooding of remainder property due to a taking is a consequential damage that must be recovered in the eminent domain proceeding, not solely as an inverse condemnation claim after the fact.
• BAY III, Inc. v. Dep't OF Transp.
  873 So. 2d 625· Fla. 2d DCA· 2004-06-04
  Appellants' challenge to denial of attorney's fees for expert costs in eminent domain proceeding is reversed and remanded based on controlling precedent in Enterprising Professional Investment Corp. v. Department of Transportation.
• Herndon OIL Corp. v. VIK
  884 So. 2d 958· Fla. 1st DCA· 2004-04-07
  In an eminent domain case involving a property taken by Florida's Department of Transportation, Herndon Oil Corporation challenged the trial court's apportionment of $1,200,000 compensation between the landlord and tenant. The court reversed, holding that Herndon Oil was entitled
• Tampa Interstate 75 Ltd. P'ship v. Fla. Gas Transmission Co.
  294 F. Supp. 2d 1277· M.D. Fla.· 2003-10-23
  The court held that it must invoke the doctrine of primary jurisdiction and refer the issues raised in the complaint to the Federal Energy Regulatory Commission (FERC) for a decision.
• City OF Hallandale Beach v. Smith
  853 So. 2d 495· Fla. 4th DCA· 2003-07-30
  A municipality is not required to comply with Chapter 180, Florida Statutes, when condemning property within its own corporate boundaries.
• Simmons v. Dep't of Env't Prot.
  849 So. 2d 415· Fla. 2d DCA· 2003-07-09
  Property owners challenged an order of taking in an eminent domain proceeding, arguing the Department of Environmental Protection failed to comply with presuit negotiation requirements and failed to provide a good faith estimate based on valid appraisal. The court affirmed the or
• 9863 W. Atl. Ave., Inc. v. State of Fla. Dep't OF Transp.
  851 So. 2d 191· Fla. 4th DCA· 2003-06-11
  The court held that business damages are not recoverable when no business activity is conducted on the remainder property, even if essential facilities like a well are located there.
• Dep't OF Transp. v. Enterprising Prof'l Inv. Co.
  809 So. 2d 19· Fla. 2d DCA· 2002-01-25
  The court held that section 73.032(5), Florida Statutes, is a substantive prohibition on awarding costs, not a sanction requiring a procedural motion.
• Hartleb v. Dep't OF Transp.
  778 So. 2d 1063· Fla. 4th DCA· 2001-02-28
  In an eminent domain case, the trial court denied the landowner's motion for post-judgment interest on attorney's fees while funds deposited by the Department of Transportation remained in the court registry during his appeal proceedings. The appellate court reversed, holding tha
• Amerada Hess Corp. v. State
  788 So. 2d 276· Fla. 4th DCA· 2000-11-01
  The court affirmed the award of statutory attorney's fees and the denial of the motion to strike the settlement offer, finding the trial court did not abuse its discretion.
• Nutt v. Orange Cnty.
  769 So. 2d 453· Fla. 5th DCA· 2000-10-06
  The court held that a landowner whose property was partially condemned cannot recover severance damages based on speculation about future governmental action that might affect the remaining property. The court distinguished between compensation for known and imminent improvements
• Sayfie v. State
  770 So. 2d 193· Fla. 2d DCA· 2000-09-29
  In this eminent domain case, property owners challenged the denial of their claims for damages resulting from DOT's widening of State Road 84 into Interstate 75. The court reversed summary judgment, finding that the trial court erroneously applied a prior precedent that was factu
• Judge Ray Gatlin and Gerra Gatlin v. State
  763 So. 2d 1232· Fla. 1st DCA· 2000-06-06
• CSR P'ship v. State
  741 So. 2d 623· Fla. 2d DCA· 1999-09-24
  In an eminent domain case, the court resolved whether the timing requirement for offers of judgment is governed by Florida's Civil Procedure Rules (45 days before trial) or by statute (20 days before trial). The court held that offer timing is procedural and therefore controlled
• Brevard Cnty. v. A. Duda & Sons, Inc.
  742 So. 2d 476· Fla. 5th DCA· 1999-09-24
  Brevard County appealed a supplemental order of taking that required it to take future steps to mitigate water quality impacts on a neighbor's property (A. Duda & Sons) as a condition of acquiring an easement for wastewater discharge. The court held that the trial court exceeded
• M.J. Stavola Farms, Inc. v. Dep't of Transp.
  742 So. 2d 391· Fla. 5th DCA· 1999-08-27
  In this eminent domain case, the Florida Department of Transportation condemned 40.8 acres containing a limerock mine. The Fifth District Court of Appeal addressed the valuation of land damages to the fee owner and business damages to the lessee, ultimately affirming the jury's l
• Karen's Tack, Inc. v. State of Fla. Dep't OF Transp.
  754 So. 2d 722· Fla. 4th DCA· 1999-05-19
  The court affirmed a quick take order for an entire shopping center under Florida Statutes section 337.27(2), holding that the statute permits acquisition of an entire parcel when the cost equals or is less than acquiring only the needed portion, and distinguished the case from a
• Advantage W. Palm Beach, Inc. v. W. Palm Beach Cmty. Redev. Agency, Inc.
  728 So. 2d 755· Fla. 4th DCA· 1998-10-14
  Appellants claimed they were entitled to compensation for 'development rights' created by a City ordinance as part of an eminent domain taking. The trial court found these development rights had no value, did not exist separately from the underlying land, and were not transferabl
• Leeberg v. Dep't of Transp.
  714 So. 2d 1159· Fla. 5th DCA· 1998-07-24
• Schrimsher Land Fund 1986-11, Ltd. v. Dep't OF Transp.
  715 So. 2d 291· Fla. 5th DCA· 1998-06-12
• State v. Hall
  707 So. 2d 1163· Fla. 1st DCA· 1998-03-03
  The Florida Department of Transportation appealed a trial court's award of attorney's fees in an eminent domain action, challenging the court's determination that an offer of judgment was invalid because it did not separately itemize business damages. The court reversed, holding