Eminent Domain

2,189 Florida cases classified under this topic, plus 74 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Tektronix, Inc. v. The United States
  552 F.2d 343· Ct. Cl.· 1977-03-23 ·cited 38×
  The court's exercise of its power to fix past period interest rates for future cases is historically grounded and appropriate.
• W. S. Ranch Co. v. Kaiser Steel Corp.
  388 F.2d 257· 10th Cir.· 1967-10-12 ·cited 38×
  The court should have abstained pending a determination by the New Mexico state courts on the issue of whether private condemnation is permissible for the transportation of water for mining purposes. The federal court's decision on this matter of fundamental state public policy,
• United States v. 60.14 Acres OF Land
  362 F.2d 660· 3d Cir.· 1966-06-24 ·cited 38×
  The court held that an expert witness's knowledge of property value, even if acquired retrospectively through research of past sales, goes to the weight of the evidence, not the witness's competency, under federal rules.
• United States v. Des Moines Cnty.
  148 F.2d 448· 8th Cir.· 1945-04-24 ·cited 38×
  The court held that the proper measure of just compensation for the taking of public roads is the cost of necessary substitute roads, not their reproduction value.
• United States v. Harrell
  133 F.2d 504· 8th Cir.· 1943-02-03 ·cited 38×
  The court held that even if the government's actions might have destroyed the value of oil and gas leases, the interveners failed to present sufficient evidence to prove the leases' value or the extent of damage, thus the judgment for interveners could not stand.
• SUN Bank OF Ocala v. Jacques Ford
  564 So. 2d 1078· Fla.· 1990-07-26 ·cited 37×
  A contingent-fee agreement does not automatically mandate the application of a contingency risk factor multiplier, especially in contract cases where counsel is readily available.
• Dep't OF Transp. v. Burnette
  384 So. 2d 916· Fla. 1st DCA· 1980-06-11 ·cited 37×
  The Department of Transportation appeals from an injunction requiring it to either condemn Burnette's 100-acre property or cease diverting water onto it. The court affirms the injunction against continued water diversion but reverses the finding of a constitutional taking, holdin
• City of Jacksonville v. Ledwith
  26 Fla. 163· Fla.· 1890-01-01 ·cited 37×
  The Florida Supreme Court held that Jacksonville's municipal ordinances purporting to establish private markets and restrict meat sales were invalid because they improperly delegated legislative authority to the City Council and Board of Health, and because the private market ord
• Dep't OF Transp. v. L.I. Gefen
  636 So. 2d 1345· Fla.· 1994-05-26 ·cited 36×
  The court held that the closure of an interstate ramp substantially diminished access to the subject property, constituting a compensable taking, even though the property did not directly abut the interstate.
• The Dep't OF Transp. OF the State OF Fla. v. Nalven
  455 So. 2d 301· Fla.· 1984-04-19 ·cited 36×
  The Florida Supreme Court held that a property owner condemned for a highway project is entitled to fair market value compensation as of the taking date, including any appreciation attributable to anticipation of the project itself. The court rejected the state's proposed "scope-
• Behm v. Division OF Administration
  383 So. 2d 216· Fla.· 1980-01-31 ·cited 36×
  The court clarified that interest is not payable on business losses awarded in an eminent domain case, as business damages are not considered property in the constitutional sense.
• Jamesson v. Downtown Dev. Auth. OF the City OF Fort Lauderdale
  322 So. 2d 510· Fla.· 1975-09-24 ·cited 36×
  This case addresses whether business damages and lost profits must be compensated when real property is completely taken through condemnation. The Florida Supreme Court held that business damages are not constitutionally required compensation under the Florida Constitution's taki
• Cent. & S. Fla. Flood Control Dist. v. WYE River Farms, Inc.
  297 So. 2d 323· Fla. 4th DCA· 1974-06-07 ·cited 36×
  The Fourth District Court of Appeal reversed the trial court's dismissal of a condemnation action brought by the Central and Southern Florida Flood Control District to acquire land for a federally authorized flood control project. The court held that a condemning authority need n
• The United States v. 1160.96 Acres OF Land
  432 F.2d 910· 5th Cir.· 1970-10-05 ·cited 36×
  A court-ordered remittitur, conditioned on avoiding a new trial, is improper if based on an incorrect legal standard, and acceptance under protest does not waive the right to appeal the remittitur's validity.
• Green St. Ass'n v. Daley
  373 F.2d 1· 7th Cir.· 1967-01-25 ·cited 36×
  The court held that plaintiffs lacked standing to challenge the urban renewal plan under the Housing Act and that Count I, alleging racial discrimination through eminent domain, was properly dismissed because the motives behind the taking were not subject to federal judicial revi
• Fla. E. Coast Ry. Co. v. Martin Cnty.
  171 So. 2d 873· Fla.· 1965-01-20 ·cited 36×
  Florida East Coast Railway appeals a Circuit Court decision upholding Martin County's condemnation of a 50-foot railroad easement for a public county road grade crossing. The Florida Supreme Court affirms the condemnation, rejecting the railroad's challenges to the public purpose
• United States v. Grayson M. Whitehurst
  337 F.2d 765· 4th Cir.· 1964-10-09 ·cited 36×
  The court held that the Commission's award was based on speculative demand and improper reliance on government sales, and that the report was inadequate for review.
• Orange State OIL Co. v. Jacksonville Expressway Auth. & W. C. Berrier
  143 So. 2d 892· Fla. 1st DCA· 1962-07-12 ·cited 36×
  Orange State Oil Company appealed from orders in an eminent domain proceeding awarding all condemnation compensation to the fee owner Berrier and denying cost-shifting. The court held that Orange State committed an anticipatory breach of its lease by abandoning the property befor
• United States v. Daisey L. Cunningham and Beatrice I. Cunningham
  246 F.2d 330· 4th Cir.· 1957-07-18 ·cited 36×
  The court held that while appointing a commission was within the judge's discretion, the commission's report was insufficient for review because it lacked basic and evidentiary findings. The judgment was vacated and remanded for the commission to make adequate findings.
• Town of Clarksville v. United States
  198 F.2d 238· 4th Cir.· 1952-08-05 ·cited 36×
  The court held that the cost of constructing a sewage treatment plant and the operation and maintenance of new lift stations are compensable items in an eminent domain taking of municipal facilities, as they represent a legally imposed obligation and a necessary cost of the subst
• United States v. Adamant Co.
  197 F.2d 1· 9th Cir.· 1952-05-23 ·cited 36×
  The court held that the government's appeal was not properly before it, and that certain agreements created personal covenants rather than property interests, thus denying claims for equitable liens.
• State of Neb. v. United States
  164 F.2d 866· 8th Cir.· 1947-12-23 ·cited 36×
  The court held that in a federal condemnation of state school lands, just compensation is the fair market value of the fee simple estate, which is then apportioned among the State and the lessees.
• Eagle Lake Improvement Co. v. United States
  160 F.2d 182· 5th Cir.· 1947-03-05 ·cited 36×
  When land with outstanding mineral leases is condemned in fee simple, it is not error to admit testimony of the market value of the property as a whole without separating mineral and surface values.
• Sys. Components Corp. v. Fla. Dep't OF Transp.
  14 So. 3d 967· Fla.· 2009-07-09 ·cited 35×
  The Florida Supreme Court resolved a conflict between appellate districts on whether business damages in eminent domain cases should account for actual post-relocation operations. The Court held that when a business relocates following a partial taking, business damages must be m
• Dep't of Agric. & Consumer Servs. v. Mid-Florida Growers, Inc.
  570 So. 2d 892· Fla.· 1990-09-27 ·cited 35×
  The Florida Supreme Court addressed valuation methods for destroyed citrus nursery stock in an inverse condemnation case, holding that immature stock may be valued using prospective net revenue at the earliest marketable stage, while rejecting compensation for lost production as
• In re Chicago v. United States & Interstate Commerce Comm'n
  799 F.2d 317· 7th Cir.· 1986-08-20 ·cited 35×
  The court held that a district court's approval of a railroad asset sale, even if erroneous, can constitute a taking under the Fifth Amendment if the decision was not compelled by the regulatory system and diminished the property's value.
• The Oglala Sioux Tribe OF the Pine Ridge Indian Reservation v. Homestake Mining Co.
  722 F.2d 1407· 8th Cir.· 1983-12-09 ·cited 35×
  The court held that the Oglala Sioux Tribe's current action against Homestake Mining Company was barred by res judicata and collateral estoppel due to prior litigation concerning the Black Hills and the Act of 1877.
• Orange State OIL Co. v. Jacksonville Expressway Auth.
  110 So. 2d 687· Fla. 1st DCA· 1959-02-24 ·cited 35×
  Orange State Oil Company appealed from a judgment awarding it only $3,000 compensation for its leasehold interest in condemned property used for a gasoline service station. The court reversed, holding that the trial court erred by excluding expert testimony using the summation me
• State Rd. Dept. v. Forehand
  56 So. 2d 901· Fla.· 1952-02-12 ·cited 35×·via Eminent Domain Proceedings
  The Florida Supreme Court upheld the constitutionality of Chapter 74, Florida Statutes, which provides a summary method for the State Road Department to acquire property for public use pending condemnation proceedings. The court found that the statute adequately protects property
• The City of Jacksonville v. Shaffer
  107 Fla. 367· Fla.· 1932-12-06 ·cited 35×
  The Florida Supreme Court held that when a municipality condemns a non-exclusive easement for waterworks in streets that were dedicated to the public subject to a reserved exclusive right to operate utilities, the property owner is entitled to compensation not only for the fair m
• Grace v. Hendricks
  103 Fla. 1158· Fla.· 1932-01-11 ·cited 35×
  The Florida Supreme Court reversed a deficiency decree entered against a mortgagor after the trial court had previously rescinded the underlying foreclosure decree. The court held that a deficiency decree cannot be entered when the foreclosure decree upon which it depends has bee
• The Orange Belt Ry. Co. v. Craver
  32 Fla. 28· Fla.· 1893-06-01 ·cited 35×
  The Orange Belt Railway Company challenged a jury's appraisal of land damages in a condemnation proceeding for a railroad right-of-way, arguing the jury's methodology was flawed and the award excessive. The Florida Supreme Court affirmed the lower court's confirmation of the jury
• N. Helex Co. v. The United States
  634 F.2d 557· Ct. Cl.· 1980-10-22 ·cited 34×
• Pitcairn v. The United States
  547 F.2d 1106· Ct. Cl.· 1976-12-15 ·cited 34×
  The court should award six percent interest for the period of the taking, as established by federal statutes for Fifth Amendment takings, rather than higher rates based on corporate bond yields.
• The United States v. The Sioux Nation OF Indians
  518 F.2d 1298· Ct. Cl.· 1975-06-25 ·cited 34×
  The court held that the prior decision was not res judicata of the Fifth Amendment taking claim because the prior court lacked jurisdiction to consider the adequacy of compensation.
• The Canal Auth. of the State of Fla. v. Litzel
  243 So. 2d 135· Fla.· 1970-12-16 ·cited 34×
  The Florida Supreme Court reversed the District Court of Appeal and upheld the Canal Authority's taking of fee simple title to the Litzels' land for the Cross Florida Barge Canal project. The Court held that a condemning authority need only show reasonable necessity for a taking,
• Nashville I-40 Steering Comm. v. Buford Ellington
  387 F.2d 179· 6th Cir.· 1967-12-18 ·cited 34×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as plaintiffs failed to show a violation of law or constitutional rights regarding highway route selection, but reversed the dismissal of the Mayor as a party defendant.
• Mills v. United States
  363 F.2d 78· 8th Cir.· 1966-07-13 ·cited 34×
  The court held that the commission's findings regarding the minimal value of coal deposits were not clearly erroneous, despite the owners' expert testimony suggesting higher value.
• Carter v. State Rd. Dep't
  189 So. 2d 793· Fla.· 1966-06-22 ·cited 34×
  The Florida Supreme Court held that a lessee's interest in condemned property constitutes a compensable proprietary interest, and that Florida Statute § 73.12, which requires a single jury verdict followed by court apportionment among interested parties, does not violate the stat
• United States v. Smith
  355 F.2d 807· 5th Cir.· 1966-02-01 ·cited 34×
  The court held that evidence of unexercised options to purchase land is inadmissible to establish market value in a condemnation proceeding, and an expert's opinion based on such options is incompetent to support a jury verdict.
• State Rd. Dep't of Fla. v. White
  148 So. 2d 32· Fla. 2d DCA· 1962-12-14 ·cited 34×
  This condemnation case addresses whether lessees can recover business damages when property is taken for highway widening. The Florida Court of Appeal held that Section 73.10(4) permits lessees to recover business damages when their established businesses are damaged or destroyed
• Grubstein v. Urban Renewal Agency OF City OF Tampa
  115 So. 2d 745· Fla.· 1959-11-18 ·cited 34×
  Florida Supreme Court upheld the constitutionality of the Urban Renewal Law and the Maryland Avenue Slum Clearance Project against a property owner's challenge, holding that slum clearance and redevelopment constitutes a valid public purpose justifying the exercise of eminent dom
• Simmonds v. United States
  199 F.2d 305· 9th Cir.· 1952-10-21 ·cited 34×
  The court held that the government's condemnation of fee simple title was permissible, the acreage determination was correct, and the admission of the prior purchase price as evidence of value was proper.
• United States v. Certain Parcels of Land in City of Philadelphia
  144 F.2d 626· 3d Cir.· 1944-08-16 ·cited 34×
  The trial court correctly rejected a written instrument as evidence of market value because it was an option agreement, not a firm sale for a definite price.
• The Fla. S. R.R. Co. v. Hill
  40 Fla. 1· Fla.· 1898-01-01 ·cited 34×·via Power Of Eminent Domain
  The Florida Supreme Court held that landowners whose property is taken by a railroad company without formal condemnation proceedings may enforce an equitable lien for just compensation against the property itself in equity court, rather than seeking an injunction to stop the rail
• John H. Geiger and others v. James Filor and others
  8 Fla. 325· Fla.· 1859-01-01 ·cited 34×
  In this 1859 Florida case, the court upheld the City of Key West's authority to grant a contract to private parties to construct a wharf and railroad in a public street extending to the water, rejecting claims by adjacent property owners that such structures constituted nuisances
• Sarasota Welf. Home, Inc. v. City OF Sarasota
  666 So. 2d 171· Fla. 2d DCA· 1995-11-29 ·cited 33×
  The court held that the four-year statute of limitations for inverse condemnation actions begins to run when the property owner discovers the encroachment, not when the encroachment initially occurred. The court also held that the denial of a motion to amend the complaint should
• A.A. Profiles, Inc. v. City OF FT. Lauderdale
  850 F.2d 1483· 11th Cir.· 1988-08-01 ·cited 33×
  The court held that the City's rezoning ordinance constituted a regulatory taking of the plaintiff's property without just compensation, and the case was ripe for adjudication because state remedies were inadequate.
• Pamel Corp. v. The Puerto RICO Hwy. Auth.
  621 F.2d 33· 1st Cir.· 1980-05-22 ·cited 33×
  The court held that a complaint seeking damages for inverse condemnation due to zoning reclassification fails to state a claim, as the proper remedy is to void the restriction, not award damages.
• The Vill. OF Tequesta v. Jupiter Inlet Corp.
  371 So. 2d 663· Fla.· 1979-05-03 ·cited 33×
  The Florida Supreme Court held that a municipality cannot be held liable through inverse condemnation for depletion of groundwater from a shallow aquifer, because landowners have no constitutionally protected property right in the corpus of water beneath their land—only a limited