Eminent Domain

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

• United States v. 11.74 Acres OF Land
  515 F.2d 1020· 8th Cir.· 1975-05-06
  The court held that the district court did not err in determining the land was probably within the scope of the project, thus excluding enhancement value from compensation.
• United States v. 114.64 Acres OF Land
  504 F.2d 1098· 9th Cir.· 1974-10-18
  The court held that the government's filing of a condemnation action did not waive its right to rely on a prior land purchase option and contract as a stipulation of value.
• Ledford v. Corps OF Eng'rs OF the United States
  500 F.2d 26· 6th Cir.· 1974-07-16
  The court held that the federal courts lack jurisdiction over a collateral attack on a condemnation action filed as a new complaint rather than an answer in the original proceeding.
• United States v. 105.22 Acres OF Land
  498 F.2d 8· 2d Cir.· 1974-05-20
  The court affirmed the trial court's judgment, finding no merit in the landowners' claims that the award was too low.
• Nichols v. Division OF Administration
  294 So. 2d 675· Fla. 1st DCA· 1974-05-02
  The court held that a new trial is warranted because the jury awarded no severance damages despite uncontradicted evidence of such damages.
• Watson v. Division OF Administration
  287 So. 2d 142· Fla. 1st DCA· 1973-12-27
• Palm Beach Cnty. v. Inlet Bay Club, Inc.
  40 Fla. Supp. 78· Palm Beach Cty. Cir. Ct.· 1973-11-13
  The court awarded attorney's fees and costs to the defendant in an eminent domain proceeding where the taking was not proven necessary.
• Orlando-Orange Cnty. Expressway Auth. v. Diversified Servs., Inc.
  283 So. 2d 876· Fla. 4th DCA· 1973-10-12
  The court held that evidence of asking prices for comparable properties, rather than completed transactions, is inadmissible in eminent domain proceedings.
• City of Lakeland v. Bunch
  39 Fla. Supp. 185· Polk Cty. Cir. Ct.· 1973-09-26
  A Florida circuit court struck down statutory provisions allowing municipalities to obtain orders of taking in eminent domain proceedings without providing landowners prior notice and hearing before the city commission's decision. The court held that these procedures violated due
• City OF Jacksonville v. Yerkes
  282 So. 2d 645· Fla. 1st DCA· 1973-09-04
  The City of Jacksonville appealed a directed verdict awarding $17,000 in severance damages for property condemned for a sewer lift station. The court affirmed, holding that the trial judge properly struck the city's appraiser's testimony on enhancement damages because the statute
• United States v. 83.32 Acres OF Land
  480 F.2d 1143· 5th Cir.· 1973-07-02
  The trial court's method of calculating the condemnation award by multiplying recoverable tons by a derived per-ton value was proper and did not violate prior precedent.
• Keating-Meredith Props., Inc. v. Gen. Fin. Sys., Inc.
  279 So. 2d 313· Fla. 4th DCA· 1973-06-20
  A real estate broker claimed a commission on the sale of land subject to an option agreement. The trial court awarded a commission calculated on a reduced purchase price that excluded the value of land taken by the state through eminent domain. The appellate court reversed, holdi
• Norcoast Constructors, Inc. v. The United States
  477 F.2d 929· Ct. Cl.· 1973-05-11
  The court affirmed the ASBCA's quantum decision, finding the award of $40,000 for the diesel fuel storage tank was supported by substantial evidence and in accordance with law.
• Division OF Administration v. Rice
  276 So. 2d 544· Fla. 4th DCA· 1973-04-27
  The Florida Fourth District Court of Appeal reversed a summary judgment that granted property owners intervention and forced inclusion in an eminent domain action. The court held that property owners whose land was not sought to be condemned lack sufficient interest to intervene
• Div. OF Bond Fin. OF the Dep't OF Gen. Servs. of the State of Fla. v. Rainey
  275 So. 2d 551· Fla. 1st DCA· 1973-04-03
  The State of Florida appealed a jury verdict awarding $1,329,000 in compensation for land taken by eminent domain, challenging the trial court's allowance of expert testimony regarding the enhanced value from development investments. The court affirmed, holding that investments m
• Kan. City S. Ry. Co. v. Ark. La. GAS Co.
  476 F.2d 829· 10th Cir.· 1973-03-27
  A railroad's right of way is an easement, not a fee simple, and does not grant exclusive use of all subsurface strata, allowing for use by the servient estate owner if it does not interfere with railroad operations.
• Valleybrook Developers, Inc. v. Gulf Power Co.
  272 So. 2d 167· Fla. 1st DCA· 1973-01-25
  Valleybrook Developers challenged an order of taking issued by the trial court in an eminent domain proceeding by Gulf Power Company. The Florida appellate court held that common law certiorari is the proper procedure to review orders of taking, and reversed the order because the
• Bay Crest Util. Co. v. Hillsborough Cnty. Comm'n
  38 Fla. Supp. 61· Hillsborough Cty. Cir. Ct.· 1973-01-16
  Bay Crest Utility Co. successfully challenged the Hillsborough County Commission's revocation of its sewage treatment franchise on grounds that the Commission lacked statutory authority to enforce pollution laws and acted arbitrarily and capriciously. The court issued a writ of c
• Palm Beach Cnty. v. Inlet BAY Club, Inc.
  39 Fla. Supp. 110· Palm Beach Cty. Cir. Ct.· 1972-11-15
  Palm Beach County sought to condemn property owned by Inlet Bay Club, Inc. for beach and recreational purposes under eminent domain. The circuit court denied the taking, finding the County failed to prove necessity where statutory protections require strict judicial review and mu
• Nour v. Division OF Administration
  267 So. 2d 365· Fla. 1st DCA· 1972-10-17
  In an eminent domain case, the Florida District Court of Appeal reversed a judgment awarding compensation for condemned property, finding that the trial court erred by admitting evidence of the property's purchase price from 15 years prior to the taking. The court held that such
• Lewis v. Tex. Power & Light Co.
  462 F.2d 1318· 5th Cir.· 1972-07-10
• United States v. 124.21 Acres OF Land
  458 F.2d 568· 8th Cir.· 1972-04-03
  The court held that the trial court's finding of $1,003 as just compensation for the leasehold interests was supported by the evidence, which indicated little to no market demand for the borrow material apart from the government's project.
• United States v. 29.24 Acres OF Land
  460 F.2d 248· 5th Cir.· 1972-02-23
  The court held that a prior settlement judgment with the State of Texas, which included damages for the taking of land for a highway, precluded the landowners from seeking further severance damages from the United States for a related canal condemnation.
• Sittenfeld v. Tobriner
  459 F.2d 1137· D.C. Cir.· 1971-12-30
  The court held that appellants waived their claim for damages by settling the condemnation action without litigating the probability of rezoning, and that the Zoning Commission members were immune from suit for damages.
• Trs. of Internal Improvement Fund v. Madeira Beach Nominee, Inc.
  36 Fla. Supp. 26· Pinellas Cty. Cir. Ct.· 1971-11-03
  The Trustees of the Internal Improvement Fund sought to claim title to land accreted to Madeira Beach Nominee, Inc.'s upland property, arguing the accretion resulted from state-sponsored beach erosion control projects. The circuit court held that riparian owners are entitled to a
• United States v. 5.20 Acres OF Land
  450 F.2d 292· 2d Cir.· 1971-10-26
  The court held that the government's clarification of the easement's terms eliminated the landowner's primary contention regarding access loss, and the compensation award was not clearly erroneous.
• United States v. 4
  450 F.2d 274· 9th Cir.· 1971-10-19
• United States v. Upper Potomac Props. Corp.
  448 F.2d 913· 4th Cir.· 1971-09-29
  The court held that the date of taking for valuation purposes was the date of the order for possession, not the trial date, and that the admission of a comparable sale, even with an existing lease, was within the trial court's discretion.
• United States v. 1
  447 F.2d 673· 10th Cir.· 1971-08-31
  The court held that the Commission and District Court erred in completely disregarding the potential market value of limestone on the condemned property, as its presence and marketability were sufficiently proven.
• United States v. 45
  446 F.2d 24· 10th Cir.· 1971-07-28
  The trial court did not err in excluding valuation testimony based on an income or capitalization method in this condemnation case.
• Ocala Mfg. v. The Canal Auth. of the State of Fla.
  249 So. 2d 729· Fla. 1st DCA· 1971-06-08
  Ocala Manufacturing challenged the Canal Authority's attempt to acquire land for the Cross Florida Barge Canal after losing a state court condemnation action. The court reversed the dismissal of Ocala's complaint with prejudice, holding that the trial court erred in refusing to a
• City of Miami Beach v. Cummings
  35 Fla. Supp. 151· Dade Cty. Cir. Ct.· 1971-05-14
  The City of Miami Beach filed successive condemnation petitions to take the same property after a jury verdict in an initial condemnation proceeding, seeking to avoid an unfavorable award by refusing to deposit the judgment and refiling. The court held that a condemnor may not ab
• United States v. 883.89 Acres OF Land
  442 F.2d 262· 8th Cir.· 1971-05-13
  The court held that the trial court's determination of fair market value for the condemned leaseholds was supported by substantial evidence and not clearly erroneous. Damages for artillery use were premature.
• Lake Cnty. v. Vickers
  36 Fla. Supp. 61· Lake Cty. Cir. Ct.· 1971-04-26
  Lake County sought to condemn a 170-foot strip of land along the Dora Canal for park purposes, but the court limited the taking to 120 feet, balancing the county's preservation goals against the private owner's development rights. The case establishes that public necessity—not me
• Dade Cnty. v. Gen. Waterworks Corp.
  35 Fla. Supp. 71· Dade Cty. Cir. Ct.· 1971-02-16
  Dade County sought to condemn private water and sewer utility systems and proposed to value them using only capitalized earnings on the regulated rate base, excluding any compensation for "contributed property" (assets funded by customers and developers). The court held that the
• Ozella O. Montague v. Kunzig
  442 F.2d 1230· D.C. Cir.· 1971-01-18
  The court held that the plaintiffs' claims were barred by the statute of limitations and that the Reconstruction Finance Corporation had the authority to condemn fee simple title to the property.
• United States v. 901.89 Acres OF Land IN Davidson & Rutherford Cntys.
  436 F.2d 395· 6th Cir.· 1970-12-22
  The court held that the commission erred in its valuation by failing to consider project-created enhancement in the market value of the remainder and by not properly applying the statute regarding special benefits. The court reversed the judgment and remanded for entry of a new j
• State of Fla. Dep't OF Transp. v. Cooper
  241 So. 2d 419· Fla. 1st DCA· 1970-12-15
  The court found it unfair for the Department of Transportation to condemn land for fill material, value it as timberland, and then sell the fill material to its contractor at a commercial price.
• Dade Cnty. v. Maule Indus., Inc.
  34 Fla. Supp. 162· Dade Cty. Cir. Ct.· 1970-07-31
  In an eminent domain proceeding, Dade County sought to acquire property for a highway right-of-way. After the highway project was completed, approximately 5.22 acres of the taken property remained unused and surplus. The court granted the property owner's motion to delete the sur
• Safer v. City OF Jacksonville
  237 So. 2d 8· Fla. 1st DCA· 1970-03-17
  Appellants, trustees of an estate containing low-income rental properties, challenged a housing code enforcement action by Jacksonville. The court reversed the trial court's judgment upholding the code, finding that the city's enforcement demands exceeded its statutory authority
• Grizzard v. City OF Leesburg
  34 Fla. Supp. 58· Lake Cty. Cir. Ct.· 1970-03-09
  Grizzard sued to establish the true boundary line of his property against a state road marker placed 50 feet from the road's center line, claiming the actual boundary was 30 feet from center. The court held that the public acquired only a 30-foot right-of-way by prescription, not
• Carlson v. Pinellas Cnty.
  227 So. 2d 703· Fla. 2d DCA· 1969-09-05
  This case addresses whether a property owner in eminent domain proceedings must disclose expert appraisal work product to the condemning authority. The Florida District Court of Appeal reversed the trial court's order allowing the county to examine an appraiser hired by the Carls
• Monroe Landholding Corp. v. Maier
  223 So. 2d 377· Fla. 2d DCA· 1969-06-06
  A buyer who ratifies a contract by seeking an extension after learning of potential eminent domain cannot later disavow the agreement and recover earnest money.
• Gov't OF the Virgin Islands v. 2.7420 Acres OF Land
  411 F.2d 785· 3d Cir.· 1969-06-03
  Evidence of land value for a hotel site is admissible in a condemnation proceeding, even if hotel use requires a special exception under zoning laws or an urban renewal plan, if such an exception is likely to be granted or the plan is not yet effective.
• Bray v. Dade Cnty.
  222 So. 2d 778· Fla. 3d DCA· 1969-05-20
  The court held that the trial court did not err in refusing to admit testimony regarding the depressing effect on surrounding property values due to the announcement of an incinerator's construction on the condemned property.
• Dade Cnty. v. Taich
  32 Fla. Supp. 46· Dade Cty. Cir. Ct.· 1969-04-30
  Court denied county's motion to require mutual exchange of appraisal data and to suppress depositions of county experts in eminent domain proceedings, holding that Florida law does not require concurrent exchange of valuation data before defendant may depose plaintiff's appraiser
• Boyce v. The United States
  405 F.2d 526· Ct. Cl.· 1968-12-13
  Amounts received by a taxpayer under a claim of right and without restriction as to disposition are taxable in the year of receipt, even if there is a possibility of future repayment.
• H. B.'s Enters., Inc. v. State Rd. Dep't of Fla.
  214 So. 2d 513· Fla. 1st DCA· 1968-10-03
  This case involves an appeal from a jury verdict in an eminent domain proceeding. The appellant sought to overturn the compensation awarded for land taken, arguing insufficient evidence for the jury's valuation and improper jury conduct. The appellate court affirmed the judgment,
• Raymond A. Clouse and his wife v. Marion Cnty.
  214 So. 2d 364· Fla. 1st DCA· 1968-09-26
  Property owners challenged Marion County's condemnation of their land for a borrow pit and haul road, arguing the County should take only an easement rather than fee simple title. The appellate court held that evidence of the State Road Department's original intent to obtain mere
• Tony Lechuga and wife Lydia Lechuga v. United States
  395 F.2d 195· 5th Cir.· 1968-05-23
  The court held that the government is not bound by enhanced property values resulting from a cancelled project, and the trial court properly excluded evidence of such enhancement and speculative zoning changes.