Eminent Domain

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

• Midcentury Corp. v. City of Miami Beach
  6 Fla. Supp. 184· Dade Cty. Cir. Ct.· 1954-06-01
  Midcentury Corp. challenged City of Miami Beach Ordinance #289, which prohibited their proposed use of real property for a mixed-use building with a multi-level garage and ground-floor stores. The court held the ordinance unconstitutional as applied and enjoined the city from enf
• Koch v. Pinellas Cnty.
  5 Fla. Supp. 116· Pinellas Cty. Cir. Ct.· 1953-04-24
  The court held that the statutes granting fee simple title to road rights-of-way do not divest landowners of subsurface rights without just compensation, and drilling a well is inconsistent with the original dedication.
• Raleigh Operating Co., Inc. v. Naglo Corp.
  3 Fla. Supp. 111· Dade Cty. Cir. Ct.· 1953-02-17
  The court held that the leasehold interest holder is entitled to the interest earned on the eminent domain award placed in escrow, which should be credited against future rent payments.
• Oehm v. Michigan-Wisconsin Pipe Line Co.
  199 F.2d 253· 7th Cir.· 1952-10-10
  The court held that the July 27, 1949 contract for a right-of-way was valid and binding, and that the defendant's subsequent installation of a pipeline on a different right-of-way did not create a new valid agreement, thus requiring compensation.
• Stroh Brewery Co. v. United States
  196 F.2d 899· 6th Cir.· 1952-05-29
  The court held that the District Court erred in dismissing the appellant's petition for lack of jurisdiction, as the court must retain jurisdiction to determine the appellant's rights.
• Title Ins. & Guar. Co. v. United States
  194 F.2d 916· 9th Cir.· 1952-02-29
  The court held that the jury's award for the use of condemned property was correctly calculated and entered, conforming to the court's instructions.
• United States v. Ohio Water Serv. Co.
  191 F.2d 848· 6th Cir.· 1951-10-19
  The court held that objections to expert witness testimony regarding land valuation in a condemnation case go to the weight and credibility of the testimony, not its admissibility.
• Gramlich v. Joint Cnty. Park Bd.
  191 F.2d 792· 7th Cir.· 1951-10-02
  The Indiana Park Board Act is constitutional because it provides adequate means for just compensation, and title does not pass until compensation is paid.
• Terminal Coal Co. v. United States
  172 F.2d 113· 3d Cir.· 1949-01-11
  The court held that the measure of compensation for the reserved interest in land subject to a railroad right of way, when condemned by the federal government, is not the full market value of the unencumbered fee, but rather the value of the reserved interest as it exists, unaffe
• City of Eufaula v. Meyer
  169 F.2d 463· 10th Cir.· 1948-08-06
  The court held that Oklahoma law treats a municipality's acquisition of property for public use, regardless of the method (deed, gift, or informal taking), as equivalent to condemnation for the purpose of determining the owner's monetary rights.
• United States v. State OF Okla. ex rel. State Hwy. Comm'n OF Okla. (three cases)
  168 F.2d 858· 10th Cir.· 1948-04-29
  The court held that the state's execution of the stipulation, which waived all claims for damages related to the dam's operation to 755 feet, precluded it from seeking additional compensation from the United States for flooded highways.
• United States v. Buxton Lines, Inc.
  165 F.2d 993· 4th Cir.· 1948-02-03
  The court held that the District Court properly exercised its duty in determining just compensation for the requisitioned vessel, and the sum awarded was not clearly excessive.
• Thompson v. Kimball et ux.
  165 F.2d 677· 8th Cir.· 1948-01-26
  A railroad is not liable to neighboring property owners for ordinary damages attributable to railroad operation, absent proof of negligence, even if the operation causes some degree of inconvenience or damage.
• Munhall Borough v. United States
  159 F.2d 603· 3d Cir.· 1947-01-22
  The court held that the Borough was not entitled to additional compensation for the sewer easement beyond the proportionate cost of construction, as in-lieu-of-tax payments covered operational costs and potential future issues were too speculative.
• Martin v. Portland Pipe Line Co.
  158 F.2d 848· 1st Cir.· 1946-12-27
  The court held that the appellee's Declaration of Taking for an easement to construct a pipe line system was authorized by the statute and Presidential proclamation, and the District Court did not err in denying the appellant's motions.
• United States v. .44 OF AN Acre OF Land IN Lebanon Cnty.
  156 F.2d 650· 3d Cir.· 1946-07-17
  The court held that the trial court erred in allowing a nunc pro tunc appeal from a viewers' report when the grounds for the appeal did not rise to the level of fraud or wrongful act by a court official.
• Porter v. City of Charleston
  155 F.2d 209· 4th Cir.· 1946-04-27
  The court held that the Rent Regulation does not apply to a city's eviction of occupants from property acquired through eminent domain for public use, as no landlord-tenant relationship exists.
• City of Tucson v. The Tucson Gas
  152 F.2d 552· 9th Cir.· 1945-12-26
  A city may condemn an entire public utility undertaking, even if parts are outside its corporate limits, and voter approval for bond issues can occur after the court has assessed the property's value.
• United States v. Katz Drug Co.
  150 F.2d 681· 8th Cir.· 1945-07-31
  The court held that bonus payments and above-normal moving costs necessitated by a summary possession order are elements to be considered in determining just compensation for a condemned leasehold interest. The court also held that the government could not deny the validity of Ka
• United States v. Sanitary Dist. of Chicago
  149 F.2d 951· 7th Cir.· 1945-06-21
  The court held that the highest and best use of the tanks during the short condemnation periods was for alcohol storage, and the applicable OPA ceiling price determined the maximum compensation.
• Polk v. Ball
  149 F.2d 263· 5th Cir.· 1945-05-07
  The court held that the deed conveyed a servitude (right-of-way) and not a fee title, and that this servitude was extinguished by non-use. Therefore, the appellants were entitled to the condemnation fund.
• United States v. 150.29 Acres OF Land IN Milwaukee Cnty.
  148 F.2d 39· 7th Cir.· 1945-03-05
• Seminole Nation v. United States
  316 U.S. 310· U.S.· 1942-05-11
  The Court held that the Court of Claims erred in denying recovery and applying gratuitous offsets without first establishing liability and making precise findings.
• Campbell v. City of Chicago
  119 F.2d 1014· 7th Cir.· 1941-05-07
  A municipality may improve its streets, including narrowing sidewalks for vehicular traffic, without being compelled to pay for consequential damages to abutting property owners as a condition precedent.
• Bastian v. United States
  118 F.2d 777· 6th Cir.· 1941-04-08
  The court held that the contract was valid and enforceable, and that specific performance was an appropriate remedy.
• Finley v. United States ex rel. & for Use of Tenn. Valley Auth.
  118 F.2d 815· 5th Cir.· 1941-04-07
  The court fixed the value of the condemned property at $39,905, making an award to the property owners for this amount.
• Freeman Gulch Mining Co. v. Kennecott Copper Corp.
  119 F.2d 16· 10th Cir.· 1941-03-19
  A party seeking to condemn property for a public use may do so even if the property is already devoted to another public use, provided the new use will not materially impair the existing use and is authorized by statute.
• City of Miami v. The Sirocco Co.
  137 Fla. 434· Fla.· 1939-04-28
  The court held that the City of Miami was not liable for appropriating land for a street because the land was still part of the public domain at the time of appropriation. The Sirocco Company, which later acquired title, could not claim compensation as its predecessors had no leg
• The Fed. Land Bank of Columbia v. The State Rd. Dep't of Fla. & Jackson Cnty.
  134 Fla. 638· Fla.· 1938-10-25
  The Federal Land Bank of Columbia sought to foreclose a mortgage lien on a strip of property that the mortgagor had conveyed to the State of Florida for a state highway right-of-way. The Florida Supreme Court affirmed the dismissal of the foreclosure bill, holding that a mortgage
• State v. Fla. Ferry Co.
  128 Fla. 852· Fla.· 1937-07-29
  In this quo warranto proceeding, the Florida Attorney General challenged the Florida Ferry Company's right to operate a ferry across the St. Johns River in Jacksonville, claiming the company lacked valid legal authority and was illegally collecting tolls. The Supreme Court upheld
• State v. St. Lucie Inlet Dist. & Port Auth.
  128 Fla. 521· Fla.· 1937-04-08
  The St. Lucie Inlet District and Port Authority is not a drainage, conservation, or reclamation district for the purposes of Chapter 12003, Acts of 1927. Therefore, the circuit court had jurisdiction to validate its refunding bonds, and the decree appealed from should be affirmed
• Crosby v. St. Louis San Francisco Ry.
  115 Fla. 529· Fla.· 1934-06-21
  The Florida Supreme Court affirmed a judgment in favor of a railroad company seeking to condemn land for a spur track connecting its main line to a compress plant. The court held that the railroad, as a common carrier operating interstate commerce, had statutory authority to exer
• Steinhauser v. The City of Jacksonville
  108 Fla. 152· Fla.· 1933-01-27
  The Florida Supreme Court affirmed a condemnation judgment, holding that the appellant failed to properly preserve for appeal the issue of whether the jury viewed the premises, as required by statute.
• Spafford v. Brevard Cnty.
  92 Fla. 625· Fla.· 1926-06-01
  The Florida Supreme Court held that when delegated eminent domain authority is exercised by a state agency under statutory conditions, the property owner has constitutional rights to notice, a hearing, and judicial determination of just compensation before property is taken. The
• Fla. E. Coast Ry. Co. v. Shaw
  S.D. Fla.· 1926-02-19
  Florida East Coast Railway sought to condemn a 200-foot strip of land at Fort Pierce for shop and yard facilities in addition to its existing 100-foot right of way. The court held that Florida statutes granted railroads broad eminent domain power to take lands necessary for their
• Heermans v. The Jacksonville
  40 Fla. 85· Fla.· 1898-01-01
  Heermans challenges a condemnation judgment awarding $500 compensation for 6⅓ acres of land taken by a railway company. The Florida Supreme Court affirms, holding that once a property owner fails to demand a jury trial within the statutory five-day period after the viewers' award
• Bradford v. Cole
  8 Fla. 263· Fla.· 1859-01-01
  Bradford appeals the establishment of a neighborhood road through his land by Leon County Commissioners. The Florida Supreme Court reverses, holding that the petition failed to comply with statutory requirements for establishing a neighborhood road because it was based on private