Eminent Domain

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

• Cent. & S. Fla. Flood Control Dist. v. Scott
  30 Fla. Supp. 37· Indian River Cty. Cir. Ct.· 1968-04-25
  In this eminent domain proceeding, the court addressed whether property owners could recover expert witness fees when attorneys testified about the reasonableness of their own attorney's fees. The court held that such expert witness fees are recoverable costs necessarily incurred
• Associated Schs., Inc. v. Dade Cnty.
  209 So. 2d 489· Fla. 3d DCA· 1968-04-23
  This case addresses whether a mortgagee is entitled to a prepayment penalty when the mortgaged property is taken by eminent domain. The appellate court reversed the trial court's decision, holding that the mortgagee is only entitled to the principal and accrued interest, not a pr
• State Rd. Dep't v. S. Puerto RICO Sugar Co.
  30 Fla. Supp. 17· Indian River Cty. Cir. Ct.· 1968-03-29
  The State Road Department sought to acquire fee simple title to a parcel of land containing an active railroad right-of-way belonging to South Puerto Rico Sugar Company for construction of Interstate Highway 1-95. The court held that while the state could condemn the property for
• Ray Holley and his wife v. Morris
  206 So. 2d 669· Fla. 1st DCA· 1968-01-23
  Homeowners appealed the dismissal of their suit against the Board of County Commissioners regarding erosion damage caused by a drainage ditch constructed across their property. The court held that while the informal permit granted by the homeowners was insufficient to create an e
• Williams v. City OF Ocala
  203 So. 2d 185· Fla. 1st DCA· 1967-10-10
  This case involves an appeal from a jury verdict in an eminent domain proceeding. The appellants argued that the trial court erred by admitting testimony about comparable property sales and by denying their motion for a new trial due to prejudicial statements by opposing counsel.
• Intercoastal Drydock, Inc. v. State Rd. Dep't
  203 So. 2d 19· Fla. 3d DCA· 1967-10-03
  This case concerns whether a lessee is entitled to business damages in an eminent domain proceeding when the entirety of their leased premises is taken. The court held that business damages are only recoverable if the business is located on adjoining lands, not the taken premises
• Dixie Plantation Co., Inc. v. Duncan
  383 F.2d 879· 6th Cir.· 1967-09-11
  The court held that the district court did not err in affirming the review committee's decision regarding the tobacco allotment and properly refused to remand the case for additional evidence.
• Dade Cnty. v. Mendoza, Inc.
  28 Fla. Supp. 141· Dade Cty. Cir. Ct.· 1967-05-23
  The court held that a mortgagee is not entitled to a prepayment penalty when a mortgage is involuntarily paid off due to eminent domain proceedings.
• Alsina Zapf McCREARY v. Freedman
  196 So. 2d 755· Fla. 1st DCA· 1967-03-07
  The court held that because the appellant secured a reversal of the distribution order, the condition of her supersedeas bond was satisfied, and appellees were not entitled to damages for interest on the fund.
• Commissioner OF Internal Revenue v. Moffat
  373 F.2d 844· 3d Cir.· 1967-03-06
  The court held that the taxpayer's payments to cover corporate loans were proximately related to his business of leasing coal lands, entitling him to a business bad debt deduction.
• E. Shopping Ctrs., Inc. v. State Rd. Dep't of Fla.
  192 So. 2d 785· Fla. 2d DCA· 1966-12-07
  The court held that there were no reversible errors in the condemnation trial record.
• Pitz v. State Rd. Dep't
  32 Fla. Supp. 55· Dade Cty. Cir. Ct.· 1966-11-18
  Property owners Pitz and Goodman sued for inverse condemnation, alleging the State Road Department's activities in acquiring right-of-way for Interstate 95 deprived them of rental income from their properties without just compensation. The court held that the state took a limited
• Patterson v. City OF Newport News
  364 F.2d 816· 4th Cir.· 1966-08-08
  The court held that a prior state court condemnation judgment, affirmed by the Supreme Court, bars relitigation of the same issues in federal court.
• United States v. 278.59 Acres OF Land
  364 F.2d 63· 5th Cir.· 1966-08-05
  The court held that the Government owes interest on the just compensation awarded in an eminent domain case from the date of the court's mandate until payment, even if the initial stipulation included interest, when the Government fails to make the statutory deposit after title i
• United States v. 58 Acres OF Land
  363 F.2d 846· 6th Cir.· 1966-08-01
  The court held that the landowner should be compensated for special benefits enhancing the remainder of their land, even with some access restrictions to the reservoir.
• State Rd. Dep't of Fla. v. Bramlett
  189 So. 2d 481· Fla.· 1966-07-08
  The Florida Supreme Court reversed a condemnation award that included $5,500 in business damages to a tenant whose leasehold business was destroyed when the State Road Department took fee simple title to the property. The court held that business damages are not compensable in em
• Carroll June Benecke and Audrey Marie Benecke v. United States
  356 F.2d 439· 5th Cir.· 1966-02-10
  The court held that the government's expert witnesses did not appraise the entire tract of land taken, rendering their testimony insufficient to establish the value of the whole property.
• Benitez v. Hillsborough Cnty. Aviation Auth.
  26 Fla. Supp. 53· Hillsborough Cty. Cir. Ct.· 1966-01-18
  Residential property owners near Tampa International Airport sought inverse condemnation relief, claiming the airport's jet aircraft operations constituted a taking of an avigational easement over their homes through noise, vibration, and interference with use and enjoyment. The
• Robertson v. The United States
  352 F.2d 539· Ct. Cl.· 1965-11-12
  The court held that the plaintiffs' claim for an avigation easement was barred by the statute of limitations because the taking occurred more than six years prior to the filing of the petition, due to regular and frequent F-86 jet flights.
• Perati v. United States
  352 F.2d 788· 9th Cir.· 1965-11-08
  The court held that the appropriation act provided sufficient authority for the government to condemn land within Yosemite National Park.
• Falcon, Inc. v. State Rd. Dep't of Fla.
  172 So. 2d 906· Fla. 2d DCA· 1965-02-26
  The court held that the jury's verdict was not grossly inadequate and affirmed the final judgment awarding compensation for condemned lands.
• City of Jacksonville Beach v. Rosalie's BAR, Inc.
  24 Fla. Supp. 186· Duval Cty. Cir. Ct.· 1964-07-14
  The court held that the condemnor must compensate the property owner for the depreciated value of custom-made fixtures that lose utility due to the taking, in addition to moving costs, to ensure full and just compensation.
• United States v. Pleasure Driveway & Park Dist. OF Peoria
  314 F.2d 825· 7th Cir.· 1963-03-13
  The United States can condemn municipal park land for an Interstate Highway project, even if the state agency that requested the condemnation could not condemn it itself.
• Louis Gill AND Sons v. United States
  313 F.2d 416· 9th Cir.· 1962-12-12
  The judgment is vacated and the cause remanded because the Commission's report was inadequate to provide a basis for review by the district court.
• Hillsborough Cnty. v. Dana
  20 Fla. Supp. 177· Hillsborough Cty. Cir. Ct.· 1962-09-10
  Hillsborough County brought an eminent domain action to condemn property for a state highway. The court resolved a dispute over title to submerged lands within the condemned parcels, holding that the Hillsborough County Port Authority, not the record title holders (the Evans), ow
• State Rd. Dep't v. Swinging Door, Inc.
  19 Fla. Supp. 25· Duval Cty. Cir. Ct.· 1962-01-05
  In this condemnation case, the Duval County Circuit Court held a pre-trial hearing to establish ground rules for trial, addressing discovery disputes, expert witness limits, and the admissibility of evidence regarding damages to a condemned property formerly used as a bar and liq
• State v. Fla. State Tpk. Auth.
  134 So. 2d 12· Fla.· 1961-11-02
  The Florida Supreme Court affirmed a trial court decree validating $160 million in Turnpike Revenue Bonds issued by the Florida State Turnpike Authority for construction of additional turnpike projects. The Court rejected challenges from the State of Florida, private citizens, an
• Blake v. United States
  295 F.2d 91· 4th Cir.· 1961-10-02
  The court held that the libellants' oyster ground markers constituted obstructions to navigable waters, and the Government's removal of these obstructions was a valid exercise of its navigational servitude, even if it also served the Navy's interests.
• Miller v. Fla. Inland Navigation Dist.
  130 So. 2d 615· Fla. 1st DCA· 1961-06-01
  Miller challenges the Florida Inland Navigation District's condemnation of his fee simple property interest for use as a spoil area for dredged material. The court holds that the District may only condemn the minimal interest necessary for the public use—a permanent easement rath
• Kansas-Nebraska Natural GAS Co., Inc. v. Vill. OF Deshler
  288 F.2d 717· 8th Cir.· 1961-04-07
  The court held that the condemnation proceedings were not fatally defective for including the right to purchase wholesale gas, as the description was reasonably accurate and any conflicts would be resolved later.
• Woodrow Co. v. Dade Cnty.
  126 So. 2d 908· Fla. 3d DCA· 1961-02-20
  In a condemnation proceeding, Dade County sought to dismiss Woodrow Company's appeal based on the company's post-judgment withdrawal of a portion of the judgment amount. The court held that while property owners may withdraw deposited amounts prior to judgment, post-judgment with
• Emory G. Rich v. Harper Neon Co.
  124 So. 2d 750· Fla. 2d DCA· 1960-11-23
  In an eminent domain proceeding, the court reviewed whether a jury should apportion damages between a property owner and tenant, or whether the jury should determine total damages with the court later apportioning among claimants. The court granted certiorari and held that Florid
• Louisan Mamer v. Dist. of Columbia Redev. Land Agency
  284 F.2d 221· D.C. Cir.· 1960-06-30
• Tideway Corp. v. State Rd. Dep't of Fla.
  118 So. 2d 595· Fla. 3d DCA· 1960-03-03
  This case concerns whether a 15-foot strip of land, used by the public for over 30 years as part of a street, is compensable in an eminent domain proceeding when the public authority claims to have acquired surface rights by prescription. The court held that the strip was uncompe
• Police Jury OF Plaquemines Parish & Nat'l Sur. Corp. v. United States
  272 F.2d 827· 5th Cir.· 1959-12-28
  The court held that the Police Jury and its surety were liable for the full amount of the bond, and the proceeding by motion was proper.
• United States v. Chase
  260 F.2d 405· 2d Cir.· 1958-11-03
  The court held that the trial court's valuation of the condemned property was not clearly erroneous, even if it excluded speculative elements like potential sand and gravel profits or fully accounted for all claimed access and proximity damages.
• Foley Hooper and Eric Hooper v. State Rd. Dep't of Fla.
  105 So. 2d 515· Fla. 2d DCA· 1958-10-01
  Property owners appealed a judgment sustaining the defendant's objection to evidence of business damages in a condemnation case. The court reversed, holding that Florida Statute § 73.10(4) requires only that a business be established for more than five years before taking, not th
• Akana v. Felix
  261 F.2d 773· 9th Cir.· 1958-07-14
  The Supreme Court dismissed the appeal from the denial of a writ of mandamus, finding the territorial court's decision based on local law regarding judicial discretion was adequate.
• McKENDRY v. United States
  254 F.2d 659· 9th Cir.· 1958-04-21
  The court held that minor alterations to the caption and a single word deletion in the body of a Declaration of Taking did not constitute a material alteration rendering it void. The court also found that the admission of photostatic copies of documents authenticated by affidavit
• Richmond Inv. Co. v. United States
  249 F.2d 811· 9th Cir.· 1957-11-26
  The Housing Administrator was authorized by the Lanham Act to acquire fee simple title to private lands by condemnation for wartime housing.
• Burgin v. State Rd. Dep't of the State of Fla.
  98 So. 2d 740· Fla.· 1957-11-08
  Burgin appeals the dismissal of a complaint alleging that state and county defendants misled them about highway widening plans, reducing their property's highway frontage from 260 to 100 feet. The Florida Supreme Court affirmed the dismissal, finding the allegations did not suppo
• Cravero v. Fla. State Tpk. Auth.
  91 So. 2d 312· Fla.· 1956-11-16
  The Florida Supreme Court addressed whether defendants who held an equitable interest under a contract to purchase condemned land were entitled to share in condemnation damages. The Court held that an unexercised option to purchase does not entitle the optionee to share in the aw
• United States upon the relation & for the use of the Tenn. Valley Auth. v. 12.3 Acres OF Land
  229 F.2d 587· 6th Cir.· 1956-02-10
  The court held that denying cross-examination regarding landowners' witnesses' monetary estimates of damage in condemnation cases constitutes reversible error.
• Darracott v. Hemphill
  82 So. 2d 719· Fla.· 1955-11-16
  A real estate broker sued for a commission after owners refused to pay when they sold 15 acres to a school board. The Florida Supreme Court affirmed summary judgment for the owners, holding that the broker did not procure the sale because negotiations had ceased and the transacti
• Edlin v. Firemen's Ins. Co.
  225 F.2d 80· 7th Cir.· 1955-07-25
  The court held that the trial court committed reversible error by excluding evidence relevant to the defendant's arson defense, specifically evidence of motive and expert opinion.
• P. C. Gorman Props., Inc. v. City OF N. Miami
  81 So. 2d 524· Fla.· 1955-06-22
  A property owner sought an injunction to prevent a city from converting a dedicated public square into an off-street parking area, arguing the dedication prevented such use. The Florida Supreme Court affirmed dismissal of the suit, holding that the issues were already foreclosed
• The ELK Horn Coal Corp. v. United States
  219 F.2d 917· 6th Cir.· 1955-02-15
  The court held that the district court's findings regarding the fair market value of the condemned mineral rights and the lack of severance damages were supported by substantial evidence and not clearly erroneous.
• United States v. Belle View Apts.
  217 F.2d 636· 4th Cir.· 1954-12-09
  The court held that the government's condemnation proceedings did not extinguish the reserved easement for ingress and egress, and the government's actions did not constitute adverse possession.
• Smith v. Seaboard Air Line R.R. Co.
  215 F.2d 365· 5th Cir.· 1954-09-10
  The court held that summary judgment for the defendant was improper because genuine issues of fact existed regarding estoppel and the authority of plaintiff's agents.
• Triple E Dev. Co. v. Osceola Cnty.
  6 Fla. Supp. 49· Osceola Cty. Cir. Ct.· 1954-07-14
  The dissenting justices argue that the defendant was denied due process by the failure to adequately consider his insanity plea, especially in light of new evidence regarding the mental state of the court-appointed expert.