Eminent Domain

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

• State v. Michelin
  702 So. 2d 1326· Fla. 4th DCA· 1997-12-10
  Florida DOT's appeal is granted and the case is reversed for new trial because severance damages attributable to the owner's need to comply with handicapped parking regulations are not compensable under eminent domain law.
• Manso v. Patrick
  121 F. Supp. 862· S.D. Fla.· 1997-09-09
  The court held that the Parole Commission's interpretation of the special parole statute, allowing a violator to be reparoled to the remainder of the original special parole term, is reasonable and entitled to deference.
• Dep't OF Transp. v. Winter Park Golf Club, Inc.
  687 So. 2d 970· Fla. 5th DCA· 1997-02-18
  The Florida Department of Transportation appealed a trial court's award of attorney's fees and appraisal fees in an aborted eminent domain action where DOT took and then relinquished a sidewalk easement from Winter Park Golf Club property. The appellate court affirmed the award a
• LEE Cnty. v. Pierpont
  693 So. 2d 994· Fla. 2d DCA· 1997-01-24
  Lee County appeals an attorney's fees award in an eminent domain action, challenging whether statutory 'benefits achieved' should be calculated against the county's written settlement offer of $82,800 or the initial good faith estimate of $69,000. The appellate court reverses, ho
• Dep't OF Transp. v. Morris
  674 So. 2d 926· Fla. 5th DCA· 1996-06-07
• State v. Coleman
  673 So. 2d 874· Fla. 1st DCA· 1996-01-19
  The court reversed an eminent domain judgment and certified a question of great public importance regarding the proper method for calculating business damages when a taking does not totally destroy an established business, specifically whether fixed expenses must be deducted in l
• Tampa-Hillsborough Cnty. Expressway Auth. for the use & benefit of the State of Fla. v. Marcelino Casiano-Torres
  659 So. 2d 1125· Fla. 2d DCA· 1995-07-26
  In an eminent domain case, the State of Florida appealed a jury verdict awarding business and severance damages to the property owners. The appellate court affirmed the award, holding that the trial court properly submitted to the jury the factual question of whether the business
• Evers v. Dep't of Agric. & Consumer Servs.
  651 So. 2d 802· Fla. 1st DCA· 1995-03-09
  The court reversed the trial court's order enforcing a final judgment of dissolution that made the wife responsible for certain debts previously discharged in bankruptcy, finding the debts were indeed discharged.
• Tampa-Hillsborough Cnty. Expressway Auth. v. Harrell
  645 So. 2d 1026· Fla. 2d DCA· 1994-10-26
  The Expressway Authority appealed a jury award of damages for a temporary taking of two residential parcels based on the filing of a map of reservation. The appellate court reversed, holding that the property owners failed to prove they were denied substantially all economically
• Am. Dive Ctr., Inc. v. State
  632 So. 2d 277· Fla. 4th DCA· 1994-02-23
  The court held that a change in ownership or business name does not preclude recovery of business damages if the business operation is continuous at the location.
• Blumberg v. Pinellas Cnty.
  836 F. Supp. 839· M.D. Fla.· 1993-11-09
  The court held that a protected property interest existed in the interest generated by utility customer deposits, and that the county's retention of this interest constituted an unconstitutional taking without just compensation.
• Polk Cnty. v. Grooms
  625 So. 2d 1249· Fla. 2d DCA· 1993-09-10
  In this eminent domain case, Polk County condemned 2.88 acres of Fancy Farms' 85-acre strawberry farm for road right-of-way purposes. The Florida District Court of Appeal affirmed the judgment in all respects except reversed the award of $62,600 in business damages for prospectiv
• Benderson Dev. Co., Inc. v. United States Postal Serv.
  998 F.2d 959· Fed. Cir.· 1993-07-08
  The court held that the district court erred in transferring the case to the Court of Federal Claims because the Postal Service did not present sufficient evidence to establish that it intended to take the property via inverse condemnation rather than breach a contract.
• United States v. 0.95 Acres OF Land
  994 F.2d 696· 9th Cir.· 1993-06-01
  The court held that the National Environmental Policy Act (NEPA) cannot be used as a defense to a condemnation action under the Declaration of Taking Act, as the filing of a declaration of taking is not a major federal action requiring NEPA compliance.
• City OF Orlando & the Greater Orlando Aviation Auth. v. G.R. Cone, Jr.
  615 So. 2d 793· Fla. 5th DCA· 1993-03-12
  The Florida District Court of Appeal reversed a condemnation jury verdict, holding that a property owner's lay opinion of property value is not presumed to be correct when expert appraisals contradict it. The trial court's erroneous jury instruction improperly shifted the burden
• Cnty. OF Westchester v. Comm'r OF Transp. OF the State OF Conn.
  986 F.2d 624· 2d Cir.· 1993-01-06
  The court certified questions regarding prescriptive avigation and clearance easements to the Connecticut Supreme Court, finding the issues involved unsettled Connecticut property law.
• Blalock Eddy Ranch & Crystalaire Country Club Ests. v. MCI Telecomms. Corp.
  982 F.2d 371· 9th Cir.· 1992-12-23
  An injunction restraining state eminent domain proceedings violates the Anti-Injunction Act when the prior federal judgment did not actually decide the issues raised in the state action and thus cannot create a conflict or be a res judicata bar.
• Gregory v. Indian River Cnty. & State of Fla. Dep't of Env't Reg.
  610 So. 2d 547· Fla. 1st DCA· 1992-12-04
  Property owners challenged a Florida Department of Environmental Regulation permit granting Indian River County authority to conduct dredge and fill activities and construct a stormwater system on the owners' land for a road extension project. The court held that while the owners
• Fla. Dep't OF Revenue v. A. Duda & Sons, Inc.
  608 So. 2d 881· Fla. 5th DCA· 1992-10-30
  The Florida Department of Revenue appealed a trial court judgment that invalidated documentary stamp tax assessments on property deeds conveyed to public entities under threat of condemnation. The appellate court reversed, holding that the statutory language was unambiguous and t
• Rocky Mountain Materials & Asphalt, Inc. v. The Bd. OF Cnty. Comm'rs OF EL Paso Cnty.
  972 F.2d 309· 10th Cir.· 1992-08-05
  A procedural due process claim is unripe if it is based on the same deprivation as an unripe takings claim.
• United States v. 99.66 Acres OF Land
  970 F.2d 651· 9th Cir.· 1992-07-23
  The court held that the district court did not abuse its discretion in excluding speculative valuation testimony and severance damages, nor in denying a new trial, and that the lienholder could be held liable for restitution of overpaid estimated compensation.
• W.O. and Eliza Narramore v. The United States
  960 F.2d 1048· Fed. Cir.· 1992-04-07
  The court held that the district court lacked jurisdiction to reopen condemnation proceedings for claims exceeding the scope of the original taking, and that the proper forum for such claims is the U.S. Claims Court under the Tucker Act.
• United States v. 717.42 Acres OF Land
  955 F.2d 376· 5th Cir.· 1992-03-12
  The court held that the Assignment of Claims Act does not void a conveyance of a condemnation award after payment into court, and that attorneys' liens have priority over the government's potential setoff claims against a dissolved corporation's sole shareholder.
• United States v. Land
  953 F.2d 886· 5th Cir.· 1992-01-30
  The court held that the potential use of the property for shell mining was too speculative to contribute to its fair market value due to significant regulatory hurdles and the need for permits on public land. The court also affirmed the rejection of the campsite proposal and the
• S. Orlando Bus. Grp. v. City OF Edgewood
  585 So. 2d 985· Fla. 5th DCA· 1991-08-15
  A municipality's approval is required for an expressway authority to acquire right-of-way within that municipality, even if the project extends beyond its borders.
• Nat'l R.R. Passenger Corp. v. Faber Enters., Inc.
  931 F.2d 438· 7th Cir.· 1991-05-03
  A tenant is not entitled to compensation for fixtures that become the landlord's property under the lease, nor for personal property abandoned after condemnation if removal would have been required upon lease expiration.
• Minneapolis Cmty. Dev. Agency v. Lake Calhoun Assocs.
  928 F.2d 299· 8th Cir.· 1991-03-21
  The court held that the district court properly denied judgment notwithstanding the verdict (JNOV) on the jury's finding of breach of best efforts, but properly granted JNOV on the jury's finding of anticipatory repudiation.
• United States v. Werner
  916 F.2d 175· 4th Cir.· 1990-10-16
  The court held that land commissioners appointed under Rule 71A(h) are subject to the same disqualification standards as judges under 28 U.S.C.A. § 455(a), requiring disqualification when impartiality might reasonably be questioned.
• United States v. Bradac
  910 F.2d 439· 7th Cir.· 1990-08-15
  The court held that the district court did not err in denying attorneys' fees and costs under the Equal Access to Justice Act.
• Boston & Me. Corp. v. Interstate Commerce Comm'n & United States
  911 F.2d 743· D.C. Cir.· 1990-08-10
  The court held that the Commission failed to adequately assess whether Amtrak's condemnation of trackage rights was necessary to meet its passenger service obligations.
• Heredia v. Dep't of Hwy. Safety & Motor Vehicles
  547 So. 2d 1007· Fla. 3d DCA· 1989-08-15
  Heredia appeals the denial of attorney's fees after successfully obtaining injunctive relief against the Department of Highway Safety and Motor Vehicles under 42 U.S.C. § 1983. The court affirmed the denial based on Heredia's failure to comply with Florida Statute § 284.30, which
• Auerbach v. Dep't OF Transp. OF the State OF Fla.
  545 So. 2d 514· Fla. 3d DCA· 1989-07-05
  Florida appellate court affirmed dismissal of inverse condemnation claim, holding that administrative planning preparatory to potential eminent domain proceedings does not constitute a compensable taking.
• United States v. Wilson
  452 F.2d 729· S.D. Fla.· 1989-03-17
• Manhattan Props. Ltd. v. Division OF Administration
  541 So. 2d 655· Fla. 2d DCA· 1989-03-08
  A condemnation case cannot be dismissed for lack of prosecution after the quick-take procedures are completed and the landowner has demanded a jury trial, absent the landowner's stipulation.
• Rubin v. The Sch. Bd. OF Dade Cnty. & New Sunrise Inv. Corp.
  532 So. 2d 1333· Fla. 3d DCA· 1988-11-01
  The court affirmed the trial court's initial denial of condemnation proceeds to Rubin but remanded for disbursement of her proportionate share after she obtained a postdissolution judgment establishing her ownership interest in the condemned property.
• O'Connor Dev. Corp. v. State
  533 So. 2d 800· Fla. 1st DCA· 1988-09-29
  O'Connor Development Corporation appeals a dismissal of its claim that the Department of Transportation's actions, which prohibited building permits for a restaurant due to anticipated road widening, constituted a taking of its property.
• Jack Bakery Servs., Inc. v. W. Treats Meat Mkt., Inc.
  530 So. 2d 447· Fla. 4th DCA· 1988-08-31
  Jack Bakery Services appeals from an order disbursing a quick-taking deposit in an eminent domain proceeding to Western Treats Meat Market. The court affirmed, holding that Jack Bakery waived its objections to early disbursement by failing to appear at the motion hearing, though
• Gooden v. Blanding
  59 F. Supp. 260· S.D. Fla.· 1988-06-06
• Henn v. Broward Cnty.
  524 So. 2d 696· Fla. 4th DCA· 1988-04-06
  In a condemnation proceeding involving two eminent domain actions on the same property, the court reversed the trial judge's award of a $26,000 setoff from an earlier avigation rights settlement, holding that the trial court failed to properly determine whether a latent ambiguity
• Etalook v. Exxon Pipeline Co.
  831 F.2d 1440· 9th Cir.· 1987-11-05
  The court held that Alyeska Pipeline Service Company properly condemned rights of way across the allotment through formal condemnation proceedings, and that the district court correctly determined damages and ownership of improvements, affirming the grant of summary judgment.
• Dama v. Record BAR, Inc.
  512 So. 2d 206· Fla. 1st DCA· 1987-05-21
  The court held that leaseholders are entitled to compensation for their leasehold interests taken by condemnation, and prejudgment interest should be awarded when damages are fixed as of a prior date.
• United States v. 24.48 Acres OF Land
  812 F.2d 216· 5th Cir.· 1987-03-12
  The court held that the district court did not err in approving the Commission's condemnation award, as the Commission's findings were not clearly erroneous.
• Palladino Holding Corp. v. Broward Cnty.
  504 So. 2d 465· Fla. 4th DCA· 1987-03-11
  Condemnees appeal a trial court order requiring them to pay interest to the county on funds paid during a quick-taking condemnation proceeding. The court affirms, holding that interest on the county's prepaid estimate of value from the taking date until possession surrender is ap
• Wood v. City OF E. Providence
  811 F.2d 677· 1st Cir.· 1987-02-12
  The court held that the city's sale of land taken for school purposes was permissible, and the differential treatment of school condemnees versus highway condemnees regarding repurchase rights did not violate equal protection.
• United States v. 29 Acres OF Land
  809 F.2d 544· 8th Cir.· 1987-01-21
  The court held that the United States has the authority to condemn a right-of-way across allotted Indian land when the Secretary of the Interior is authorized to acquire land for the benefit of Indians under 25 U.S.C. § 465, and the condemnation is for a public use under 40 U.S.C
• Drayton v. United States
  801 F.2d 117· 3d Cir.· 1986-09-11
  The court held that the 8% interest component of the Certificates of Value is taxable as ordinary income, not eligible for non-recognition under § 374(c) or § 337.
• United States v. 434.00 Acres OF Land More OR Less
  792 F.2d 1006· 11th Cir.· 1986-06-27
  The court held that federal law governs the abandonment of federal easements, and the easements in question were not abandoned or expired. The court also affirmed the trial court's acceptance of the land commission's valuation, finding no clear error.
• United States v. 129.4 Acres OF Land
  789 F.2d 715· 9th Cir.· 1986-05-08
  The court's majority opinion, which the dissenting judge disagrees with, likely held that the United States, by condemning land, acquired rights to water services from YMID.
• Wash. Metro. Area Transit Auth. v. ONE Parcel OF Land IN Fairfax Cnty.
  780 F.2d 467· 4th Cir.· 1986-01-02
  The court affirmed an order awarding temporary partial disability benefits, permanent total disability benefits, and medical bills, and affirmed the denial of a statutory offset for workers' compensation benefits during the period of temporary disability.
• Gully v. Sw. Bell Tel. Co.
  774 F.2d 1287· 5th Cir.· 1985-10-24
  The court held that the date of taking for eminent domain purposes is when the condemnor lawfully possesses the property, not when they first occupied it without proper compensation or security. It also held that contract damages for reliance on a breached agreement are distinct