Eminent Domain

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

• Post v. Dade Cnty.
  467 So. 2d 758· Fla. 3d DCA· 1985-04-09
  Property owners challenged Dade County's quick-taking of their parcels for a slum clearance and community redevelopment project, arguing they should be allowed to develop the property themselves rather than have it condemned. The Florida appellate court affirmed the county's auth
• Sessler v. Arshak Corp.
  464 So. 2d 612· Fla. 4th DCA· 1985-02-27
  The court held that a mortgage foreclosure action may be dismissed if the acceleration provision is invoked due to a technical breach that does not impair the mortgagee's security.
• Virgin Islands Urban Renewal Bd. v. 17
  753 F.2d 308· 3d Cir.· 1985-01-31
  The court held that the district court erred in confirming the award without allowing the Board an opportunity to present evidence regarding the existence of a pre-existing road easement, and remanded for further proceedings.
• United States v. 726.23 Acres OF Land
  746 F.2d 1363· 8th Cir.· 1984-10-26
  The court held that the holder of a possibility of reverter is not entitled to compensation for condemnation proceeds unless the terminating event is imminent at the time of taking.
• Jones v. Alec Gould & the Dep't of Interior
  741 F.2d 220· 8th Cir.· 1984-08-23
  The court held that the district court's finding of abandonment of the disputed road was not clearly erroneous.
• Slacter v. City OF ST. Petersburg
  449 So. 2d 1006· Fla. 2d DCA· 1984-05-16
  In this eminent domain case, the court reversed a jury verdict denying business damages to a property owner whose parking lot was partially condemned by the City of St. Petersburg. The court held that where competent expert evidence establishes business loss from a taking, a jury
• Direct Mail Servs., Inc. v. Best
  729 F.2d 672· 10th Cir.· 1984-03-08
  A lessee cannot maintain an action against the State for apportionment of just compensation after payment to the lessor, as the State is only obligated to pay the fair market value of the property as an undivided fee.
• United States v. 65.0 Acres OF Land
  728 F.2d 417· 10th Cir.· 1984-02-14
  The court held that the trial court did not err in valuing the condemned land based on its pre-reservoir proximity value and in denying the owner's motion to reopen the trial to present evidence on market interest rates.
• Sands v. Wooten
  439 So. 2d 1037· Fla. 3d DCA· 1983-11-01
  In this eminent domain proceeding, the court reversed a judgment on the pleadings that had invalidated 1965 estate waivers executed by Aaron Sands's siblings. The appellees attempted to collaterally attack an 18-year-old probate decree by claiming the waivers lacked required witn
• Jordan v. Randolph Mills, Inc.
  716 F.2d 1053· 4th Cir.· 1983-09-06
  The court held that filing and processing an application for a Federal Energy Regulatory Commission license to operate a dam on a debtor's property did not violate a bankruptcy court's restraining order against interference with the debtor's possession and enjoyment of its proper
• Gov't OF the Virgin Islands v. Certain Parcels OF Land IN Estate Nisky
  713 F.2d 53· 3d Cir.· 1983-08-05
  An individual who succeeds to real property by intestacy may participate in condemnation proceedings to contest the property's valuation, even before being formally adjudicated an heir.
• Monrad Vikse v. Basin Elec. Power Coop.
  712 F.2d 374· 8th Cir.· 1983-07-25
  The court held that the landowners were not denied equal protection because the utility had a rational basis for treating North Dakota landowners differently due to their organized opposition and subsequent group settlement.
• United States v. 79.20 Acres OF Land
  710 F.2d 1352· 8th Cir.· 1983-07-06
  The court held that the trial court erred by excluding evidence of the value of a previously granted government easement and by admitting testimony regarding damages to land outside the condemned area and the cost of replacing a well for which compensation was already paid.
• Cnty. OF Volusia v. W.R. Pickens
  435 So. 2d 247· Fla. 5th DCA· 1983-04-27
  The Fifth District Court of Appeal affirmed an award of attorney's fees and court costs in an inverse condemnation case, holding that a successful plaintiff is entitled to recover such fees from the defendant governmental authority regardless of whether the taking was direct or i
• United States v. 2.33 Acres OF Land
  704 F.2d 728· 4th Cir.· 1983-04-11
  The dissenting judge holds that the Commissioners' award, including severance damages, was proper and did not overcompensate the landowners.
• Drey v. United States
  705 F.2d 965· 8th Cir.· 1983-02-24
  The court held that the valuation of property donated for a charitable contribution is determined by the property's fair market value, not by severance damages to adjacent land as in eminent domain cases.
• The Dist. Bd. OF Trs. OF the Daytona Beach Cmty. Coll. v. Allen
  428 So. 2d 704· Fla. 5th DCA· 1983-02-23
  This case concerns whether a community college district board properly exercised its eminent domain power. The appellate court affirmed the trial court's dismissal of the eminent domain petition, finding the board failed to comply with a statutory condition precedent requiring at
• Columbia Sussex Corp., Inc. v. Division OF Administration
  425 So. 2d 90· Fla. 1st DCA· 1982-12-20
  The court held that the trial court's finding that appellant suffered no damages from the taking of adjacent property was supported by the evidence, and thus affirmed the judgment.
• Windward P'rs v. Ariyoshi
  693 F.2d 928· 9th Cir.· 1982-12-01
  The court held that the Eleventh Amendment bars federal jurisdiction over claims against state defendants, and without independent federal jurisdiction, the court cannot consider the remaining claims against private parties.
• United States v. 82.46 Acres OF Land
  691 F.2d 474· 10th Cir.· 1982-10-22
  The Secretary must make a substantiated determination of present and future land uses before acquiring federal land through condemnation under FLPMA.
• Wash. Metro. Area Transit Auth. v. ONE Parcel OF Land IN Montgomery Cnty.
  691 F.2d 702· 4th Cir.· 1982-10-19
  The court held that the impact of planned road extensions, even if acquired by a separate governmental entity, should be considered when calculating condemnation awards to avoid a windfall and ensure fair compensation.
• United States v. 727.85 Acres OF Land
  690 F.2d 152· 8th Cir.· 1982-10-15
  The court held that landowners' objections to the expert testimony and the commission's report were not preserved for appeal because they were not brought to the attention of the District Court.
• United States v. 169.86 Acres OF Land
  679 F.2d 111· 6th Cir.· 1982-05-26
  The court held that the lien for the recoupment charge on converted agricultural land attached after the United States acquired title, and thus the Supremacy Clause prohibited its collection.
• Belvedere Dev. Corp. & Colonnades, Inc. v. Division OF Administration
  413 So. 2d 847· Fla. 4th DCA· 1982-05-12
  Belvedere Development Corporation and Colonnades, Inc. appealed a jury verdict in an eminent domain case, challenging awards of $2,385 and $15,800 respectively for condemned riparian lands. The court affirmed, holding that riparian rights may be severed from riparian lands and th
• United States v. 452.876 Acres OF Land
  667 F.2d 442· 4th Cir.· 1981-12-23
  The court held that the commission's reports and the district court's confirmation orders were insufficient because they lacked the necessary detail to determine if the findings were clearly erroneous.
• The State of N.M. v. The United States
  665 F.2d 1023· Ct. Cl.· 1981-11-18
  The court held that the plaintiff was not entitled to recover damages or federal participation in the cost of acquiring parcel 2-2-EL, as the claims of 'uneconomic remnant,' 'excess land,' and 'compensable severance damages' were not supported by the facts or applicable law.
• United States v. 45.50 Acres OF Land
  634 F.2d 405· 8th Cir.· 1980-11-28
  The court held that the trial court lacked jurisdiction to award severance damages for the potential flooding of an access road not located on or adjacent to the condemned property.
• Division OF Administration v. Dade Cnty.
  388 So. 2d 326· Fla. 3d DCA· 1980-09-23
  Florida's Department of Transportation sought to acquire Dade County land through statutory quick-taking without providing the required good faith estimate of value based on a valid appraisal. The court affirmed the trial court's rejection of this procedure, holding that the quic
• The Hous. Auth. OF the City OF Fort Lauderdale v. State of Fla. Dep't OF Transp.
  385 So. 2d 690· Fla. 4th DCA· 1980-06-18
  The Housing Authority appealed a trial court's order allowing the Florida Department of Transportation to condemn two small parcels of property adjacent to a public housing project for highway improvements. The court affirmed, holding that the doctrine of prior public use does no
• City of Ormond Beach v. Lamar-Orlando Outdoor Advertising
  49 Fla. Supp. 196· Volusia Cty. Cir. Ct.· 1979-10-26
  The court held that the city ordinance requiring removal of non-conforming billboards after a ten-year amortization period without compensation is illegal and unconstitutional.
• United States v. City OF McALESTER
  604 F.2d 42· 10th Cir.· 1979-08-14
  The court held that the United States was not an indispensable party to the 1903 condemnation suit because the Curtis Act authorized the condemnation of unallotted tribal lands for public improvements, and the City's uses of the easement were consistent with its purpose.
• Rollins v. Division OF Administration
  373 So. 2d 386· Fla. 4th DCA· 1979-07-18
  In a condemnation case involving Interstate 95 construction, the Fourth District Court of Appeal reversed a jury verdict denying severance damages to property owners, finding that the trial court improperly allowed opposing counsel to argue speculative future road construction wi
• Coconut Grove Marine Props., Inc. v. City OF Miami
  372 So. 2d 932· Fla.· 1979-06-21
• Fla. E. Coast Ry. Co. v. City OF Miami
  372 So. 2d 152· Fla. 3d DCA· 1979-06-12
  Florida East Coast Railway Company appeals a trial court order authorizing the City of Miami to condemn railroad property for a public park. The court upholds Miami's statutory authority to condemn the property and rejects the railroad's affirmative defense that the property is n
• W. Gate Shopping Ctr., Inc. v. Division OF Administration
  363 So. 2d 407· Fla. 1st DCA· 1978-10-18
• Pete v. The United States
  569 F.2d 565· Ct. Cl.· 1978-01-25
  The court held that 42 U.S.C. § 4654(c) authorizes the payment of litigation expenses by the United States in an inverse condemnation action involving personal property.
• United States v. City OF Pawhuska
  566 F.2d 1132· 10th Cir.· 1977-12-15
  The court held that the trial court erred in applying the per-acre value of mineral interests to the entire acreage affected by the reservoir, rather than the stipulated acreage with recoverable oil reserves.
• Jones v. Division OF Administration
  351 So. 2d 365· Fla. 4th DCA· 1977-10-25
  In an eminent domain action, the trial court granted the State's motion for a new trial on the ground that the court erred in granting the landowners' request to invoke the rule excluding witnesses after the State's expert had begun testifying, allegedly damaging the State's cred
• Albin C. Thompson, Jr. v. Nassau Cnty.
  343 So. 2d 965· Fla. 1st DCA· 1977-03-25
  The dissenting judge argued that probable cause existed to arrest the defendant based on the discovery of a cooker spoon with a white substance resembling heroin in the car where the defendant was a passenger.
• United States v. 41
  548 F.2d 911· 10th Cir.· 1977-02-08
  The court held that the government's collateral attack on the validity of state grazing leases in a condemnation proceeding was improper, as the New Mexico Enabling Act provides an exclusive remedy through the Attorney General. The trial court's valuation method, considering leas
• United States v. 62.17 Acres OF Land
  538 F.2d 670· 5th Cir.· 1976-09-13
  The court held that the landowner may be entitled to compensation for enhancement value if either the government previously offset such enhancement in a prior taking from the same tract, or if the condemned land was outside the original scope of the project.
• Blair v. Commissioner OF Internal Revenue
  538 F.2d 155· 7th Cir.· 1976-07-12
  A tax deed is invalid and a tax sale right is extinguished when condemnation proceedings are completed after the tax sale but before the tax deed is issued, with the tax lien being substituted by an equitable lien on the condemnation award.
• Moviematic Indus. Corp. v. Dade Cnty.
  44 Fla. Supp. 30· Dade Cty. Cir. Ct.· 1976-03-29
  MovieMatic Industries challenged Dade County's rezoning of its 1,200-acre property from industrial to interim use (GU) zoning pursuant to an environmental moratorium protecting the Biscayne Aquifer. The court upheld the rezoning as a valid exercise of police power, holding that e
• Valls v. Arnold Indus., Inc.
  328 So. 2d 471· Fla. 2d DCA· 1976-03-03
  In this post-condemnation apportionment dispute, the court affirmed an award of compensation to mineral rights owners despite the absence of evidence that minerals actually existed beneath the condemned property. The court held that severed mineral rights constitute valuable prop
• United States v. 20.53 Acres OF Land IN Osborne Cnty.
  527 F.2d 1000· 10th Cir.· 1976-01-19
  The court held that the award for potential future operation costs of a chlorination plant was improper, as the requirement for chlorination stemmed from state regulations and not the federal taking.
• Fla. E. Coast Ry. Co. v. Holiday Inns, Inc.
  323 So. 2d 664· Fla. 3d DCA· 1975-11-25
  The court held that the lease remained in full force and effect because the lessee exercised good faith and due diligence, and the lessor waived its right to cancel by accepting lease payments and its actions obstructed the lessee.
• Dep't of Transp. v. Unex Leasing, Inc.
  43 Fla. Supp. 38· Lake Cty. Cir. Ct.· 1975-09-15
  In this condemnation proceeding, the Lake County Circuit Court determined the just compensation owed to property owners whose land was taken for a state highway right-of-way, and awarded reasonable attorney's fees and costs to the defendants under Florida law. The court rejected
• Wald Corp. v. Dade Cnty.
  43 Fla. Supp. 95· Dade Cty. Cir. Ct.· 1975-09-12
  Wald Corporation challenged a Dade County code provision requiring developers to dedicate land for drainage facilities as a condition of subdivision plat approval, arguing it constituted a taking of private property without compensation. The court upheld the dedication requiremen
• Baycol, Inc. v. Downtown Dev. Auth. OF the City OF Fort Lauderdale
  315 So. 2d 451· Fla.· 1975-06-23
  Baycol, Inc. challenged the Downtown Development Authority of Fort Lauderdale's use of eminent domain to condemn its property for a parking facility that would primarily serve a privately-developed shopping mall. The Florida Supreme Court held that the condemnation violated the c
• Sw. Fla. Water Mgmt. Dist. v. Perry
  42 Fla. Supp. 122· Lake Cty. Cir. Ct.· 1975-05-19
  In a consolidated condemnation case involving fourteen parcels, the Lake County Circuit Court awarded attorneys' fees, expert witness fees, and costs to the landowners' counsel following a jury verdict determining compensation. The court exercised its discretion to allow reasonab