Eminent Domain

2,189 Florida cases classified under this topic, plus 74 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. 150.29 Acres OF Land
  135 F.2d 878· 7th Cir.· 1943-05-19 ·cited 26×
  The court held that the United States took title to the property on November 10, 1942, when the declaration of taking was filed and compensation paid into court, not when it took partial possession. The court also determined that it could not definitively ascertain Wisconsin tax
• Cent. Hanover Bank & Tr. Co. v. Pan Am. Airways, Inc.
  137 Fla. 808· Fla.· 1939-05-02 ·cited 26×
  Pan American Airways, a New York corporation operating seaplane services, sought to condemn fee simple title to Dinner Key property in Miami under Florida's 1933 eminent domain statute. The Florida Supreme Court upheld Pan American's right to condemn, holding that foreign corpora
• State v. Baker
  20 Fla. 616· Fla.· 1884-01-01 ·cited 26×
  The Florida Supreme Court rejected a writ of prohibition seeking to prevent a circuit court from appointing commissioners to appraise land for a railroad company's eminent domain proceedings, holding that the state's condemnation statute was constitutional when applied to a railr
• The Sansom Comm. v. Lynn
  735 F.2d 1535· 3d Cir.· 1984-06-01 ·cited 25×
  The court held that the district court had subject matter jurisdiction to enter the consent decrees and correctly interpreted the 1982 Consent Decree regarding the replacement of designees.
• Ahrensfeld v. Stephens
  528 F.2d 193· 7th Cir.· 1975-12-23 ·cited 25×
  The court held that the district court properly abstained from exercising jurisdiction over the plaintiffs' constitutional challenge to the eminent domain proceedings, affirming the dismissal of the federal action.
• Thompson v. Charlie Squibb et ux.
  183 So. 2d 30· Fla. 2d DCA· 1966-01-21 ·cited 25×·via Power Of Eminent Domain
  Thompson owned a portion of a lot in a residential subdivision subject to restrictive covenants requiring residential-only use. She constructed a roadway across her lot to connect the Thompson Estates subdivision with the neighboring Mobile Home Estates. The trial court granted a
• Dudley v. Orange Cnty.
  137 So. 2d 859· Fla. 2d DCA· 1962-02-16 ·cited 25×
  Property owners sought injunctive relief and damages after Orange County built dams on Long Lake that allegedly raised water levels during a natural disaster, causing flooding of their lands and businesses. The trial court denied relief, finding the county's actions were temporar
• N. Dade Water Co. v. Fla. State Tpk. Auth.
  114 So. 2d 458· Fla. 3d DCA· 1959-09-17 ·cited 25×
  The court held that a private contract granting exclusive utility service rights does not create a compensable franchise or property right in eminent domain proceedings, and that the utility company's easements were in gross and not appurtenant.
• Osborne v. United States
  145 F.2d 892· 9th Cir.· 1944-11-24 ·cited 25×
  A grazing permit for national forest land does not constitute a property right compensable under the Fifth Amendment when the land is taken for public use; the statutory remedy is exclusive.
• Walton Cnty. v. Stop the Beach Renourishment, Inc.
  998 So. 2d 1102· Fla.· 2008-09-29 ·cited 24×
  The Florida Supreme Court upheld the Beach and Shore Preservation Act against a facial constitutional challenge, holding that the statute does not unconstitutionally deprive upland owners of littoral rights when restoring critically eroded public beaches. The Court balanced publi
• Gus Boulis v. Fla. Dep't OF Transp.
  733 So. 2d 959· Fla.· 1999-04-01 ·cited 24×
  The Florida Supreme Court held that property owners in eminent domain proceedings are entitled to prejudgment interest on reasonable costs (such as expert witness and appraisal fees) incurred in defending against the taking, provided those costs were actually paid before judgment
• Sch. Bd. OF Volusia Cnty. v. Clayton
  691 So. 2d 1066· Fla.· 1997-03-13 ·cited 24×
  The Florida Supreme Court held that a taxpayer lacks standing to challenge a school board's allegedly unlawful property acquisition absent either a constitutional challenge or a special injury distinct from other taxpayers. The court reaffirmed the Fornes standard and rejected an
• Broward Cnty. v. LaPOINTE
  685 So. 2d 889· Fla. 4th DCA· 1996-11-13 ·cited 24×
  In this eminent domain appeal, Broward County challenged the trial court's award of attorney's fees to the LaPointes' counsel in a property condemnation dispute involving environmental contamination issues. The Fourth District Court of Appeal affirmed the trial court's calculatio
• Seminole Cnty. v. Butler
  676 So. 2d 451· Fla. 5th DCA· 1996-05-24 ·cited 24×
  Seminole County appealed a trial court's awards of attorneys' fees in an eminent domain action involving the taking of property owned by Butler, with leasehold interests held by Superwash Systems and Florida Express Lubes. The court reversed and remanded, holding that the trial c
• Salley v. City OF ST. Petersburg
  511 So. 2d 975· Fla.· 1987-07-16 ·cited 24×
  The Florida Supreme Court held that a property owner seeking appellate attorney's fees in a condemnation action must comply with Florida Rule of Appellate Procedure 9.400(b) by filing a motion that specifies the grounds for the fee award, even though such fees are mandatory under
• Chicago & N. W. Transp. Co. v. United States & Interstate Commerce Comm'n
  678 F.2d 665· 7th Cir.· 1982-04-26 ·cited 24×
  The court held that the fair market value of an abandoned railroad line, for purposes of forced sale under the Staggers Rail Act, is its value for non-rail use, not its value for continued rail service, and this value is constitutionally permissible even if it is only salvage val
• Monarch Chem. Works, Inc. v. Governor Charles Thone
  604 F.2d 1083· 8th Cir.· 1979-08-16 ·cited 24×
  The court held that the City's environmental reassessment was sufficient and a new Environmental Impact Statement was not required for the prison construction, affirming the denial of injunctive relief.
• United States v. 564.54 Acres OF Land
  576 F.2d 983· 3d Cir.· 1978-03-27 ·cited 24×
  The court held that the prior interlocutory opinion established standards that were impossible for the district court and jury to apply, leading to an unfair trial for the parties.
• DE LAO v. Califano
  560 F.2d 1384· 9th Cir.· 1977-09-19 ·cited 24×
  The court held that the plaintiffs' property interest in presumptive disability benefits terminated at the end of 1974, and sovereign immunity bars recovery of retroactive benefits for the period after that date.
• Pete v. The United States
  531 F.2d 1018· Ct. Cl.· 1976-03-17 ·cited 24×
  The court held that the government's action banning commercial use of the plaintiffs' barges constituted an inverse condemnation compensable under the Fifth Amendment, and that the barges could not be practically removed intact or disassembled and reassembled.
• Matthews v. Division OF Administration
  324 So. 2d 664· Fla. 4th DCA· 1975-12-26 ·cited 24×
  In this eminent domain case, the Florida Fourth District Court of Appeal held that business damage compensation is not limited to lost profits when an established business is totally destroyed by a taking. The court reversed the trial court's grant of a new trial and reinstated t
• Muskegon Theatres, Inc. v. City OF Muskegon
  507 F.2d 199· 6th Cir.· 1974-12-05 ·cited 24×
  The district court had the power to abstain from exercising jurisdiction over the eminent domain claim but should have retained jurisdiction pending state court proceedings.
• Pinellas Cnty. v. Carlson
  242 So. 2d 714· Fla.· 1970-12-09 ·cited 24×
  In this eminent domain case, the Florida Supreme Court held that the work product doctrine protects a condemnee's (property owner's) expert appraisals from discovery by the condemning state authority, except when the condemnee initiates discovery of the state's work product. The
• Sykes v. United States
  392 F.2d 735· 8th Cir.· 1968-04-11 ·cited 24×
  The court held that the district court's judgment approving the commission's condemnation award and the subsequent overpayment judgment were procedurally flawed and lacked sufficient findings for review. The court reversed and remanded for a new trial.
• Rochelle v. State Rd. Dep't of Fla.
  196 So. 2d 477· Fla. 2d DCA· 1967-03-15 ·cited 24×
  The appellate court reviewed a final judgment in an eminent domain proceeding, focusing on the admissibility of evidence regarding comparable properties and the proper measure of damages.
• Lanier v. Tyson
  147 So. 2d 365· Fla. 2d DCA· 1962-08-22 ·cited 24×
  The court reversed a decree invalidating a 1960 tax assessment of agricultural lands, holding that Florida Statutes § 193.11(3), which requires agricultural lands to be assessed "as agricultural lands" on an acreage basis, does not mandate assessment based solely on agricultural
• United States v. Carroll
  304 F.2d 300· 4th Cir.· 1962-06-04 ·cited 24×
  The court held that the District Court erred in substituting its own findings for the commission's without a clear showing that the commission's findings were clearly erroneous, and that the commission should clarify its report regarding the valuation of sod and salvageable build
• United States v. Silver Queen Mining Co.
  285 F.2d 506· 10th Cir.· 1960-12-20 ·cited 24×
  The court held that speculative evidence of value is admissible in eminent domain cases involving undeveloped mining claims when it reflects industry custom and is the best available proof.
• Jacksonville Expressway Auth. v. Milford
  115 So. 2d 778· Fla. 1st DCA· 1959-10-22 ·cited 24×
  The Jacksonville Expressway Authority appealed a condemnation judgment awarding property owners damages for a change in grade to an abutting street and prorating ad valorem tax liens between the owners and taxing authorities. The court reversed, holding that property owners canno
• Broward Cnty. & State Rd. Dep't of Fla. v. Bouldin
  114 So. 2d 737· Fla. 2d DCA· 1959-09-25 ·cited 24×·via Power Of Eminent Domain
  Broward County and Florida's State Road Department sought to widen a public road from 18 feet to 24 feet, encroaching 3 feet onto adjacent private property owned by Bouldin. The court upheld the injunction requiring the county to either remove the encroaching pavement or condemn
• State Rd. Dep't OF Fla. v. Darby
  109 So. 2d 591· Fla. 1st DCA· 1959-03-05 ·cited 24×
  The Florida District Court of Appeal affirmed a lower court's order that transferred a case to the law side for condemnation proceedings. The court found that the State Road Department's supervision and failure to act on damage to private property during road construction constit
• Rott v. City OF Miami Beach
  94 So. 2d 168· Fla.· 1957-03-13 ·cited 24×
  The City of Miami Beach condemned property owned by the Rotts to build a public parking facility. The Rotts challenged the condemnation, arguing the city acted in bad faith by denying their building permit for a mixed-use parking garage with retail stores, then immediately condem
• W. E. Stephens and wife v. United States
  235 F.2d 467· 5th Cir.· 1956-06-28 ·cited 24×
  The court held that the district court's adoption of the commission's valuation report was not clearly erroneous, and no reversible error was shown regarding the admission or exclusion of evidence.
• United States v. Regents of N.M. Sch. of Mines
  185 F.2d 389· 10th Cir.· 1950-11-08 ·cited 24×
  The court held that admitting evidence of a prior purchase offer was permissible because the appealing party first introduced similar inadmissible evidence.
• Polson Logging Co. v. United States
  160 F.2d 712· 9th Cir.· 1947-03-25 ·cited 24×
  The Secretary of Agriculture has the authority to acquire land for roads serving national forests, and the trial court properly excluded speculative evidence regarding future timber removal policies when assessing damages.
• Iriarte v. United States
  157 F.2d 105· 1st Cir.· 1946-08-14 ·cited 24×
  The court held that the lower court erred in basing the condemnation award, in part, on the possibility of future federal dredging aid, as there was no evidence that such a prospect would influence the market value of the land.
• United States v. Bransen
  142 F.2d 232· 9th Cir.· 1944-04-06 ·cited 24×
  The court held that the denial of a motion for a new trial based on newly discovered evidence was not an abuse of discretion when the evidence was not timely presented.
• Puerto RICO Ry. Light & Power Co. v. United States
  131 F.2d 491· 1st Cir.· 1942-11-27 ·cited 24×
  The court held that the judgment vesting title in the United States must be set aside because the President's approval of the specific taking was not sufficiently demonstrated, and the Lanham Act only authorizes condemnation of land, not entire private utility systems.
• Higbee v. Hous. Auth. of Jacksonville
  143 Fla. 560· Fla.· 1940-06-28 ·cited 24×
  Florida property owners and taxpayers challenged the constitutionality of housing authority legislation enabling Jacksonville to develop a slum clearance project. The Supreme Court affirmed the dismissal of their complaint, upholding the housing statutes as valid exercises of sta
• Pasternack v. Bennett
  138 Fla. 663· Fla.· 1939-06-23 ·cited 24×
  Florida Supreme Court upheld Chapter 18143, Acts of 1937, which criminalized the possession of slot machines and provided for their forfeiture, rejecting a constitutional challenge based on the adequacy of the statute's title. The court held that the forfeiture provision in Secti
• Cent. Hanover Bank & Tr. Co. v. Pan-American Airways, Inc.
  126 Fla. 736· Fla.· 1937-01-02 ·cited 24×
  Pan-American Airways sought to condemn land for an air terminal and seaplane base under Florida law. The circuit court ruled that Pan-American had the legal right to condemn the property but retained the case for jury trial on compensation. The Florida Supreme Court held that thi
• Sunday v. Louisville & Nashville R.R. Co.
  62 Fla. 395· Fla.· 1911-06-01 ·cited 24×
  In a condemnation proceeding, the railroad company challenged a $4,000 judgment as insufficient compensation for condemned property. The Florida Supreme Court reversed, holding that while speculative benefits from a proposed improvement cannot be considered, legitimate market val
• McGourin v. The Town of DeFuniak Springs
  51 Fla. 502· Fla.· 1906-01-01 ·cited 24×
  McGourin appeals a decision dissolving his injunction against the Town of DeFuniak Springs and its officers who sought to convert his private property into a public street. The Supreme Court reverses, holding that the town failed to prove the property was dedicated to public use
• Am. Sav. & Loan Ass'n v. Cnty. OF Marin
  653 F.2d 364· 9th Cir.· 1981-04-06 ·cited 23×
  The court held that the case is ripe for adjudication without requiring the landowner to submit a development plan, and that trial on the question of taking should proceed forthwith.
• Harold H. Gordon and the Estate of Louis P. Begin v. City OF Warren
  579 F.2d 386· 6th Cir.· 1978-06-26 ·cited 23×
  A direct cause of action exists against municipalities to recover damages for a taking of private property for public use without just compensation, and the statute of limitations does not begin to run until the controversy over the taking is resolved.
• City OF Hallandale v. Wiliam F. Chatlos
  236 So. 2d 761· Fla.· 1970-06-03 ·cited 23×
  The Florida Supreme Court resolved whether a trial court has jurisdiction to assess attorneys' fees in a condemnation proceeding dismissed by the condemnor before jury determination. The court held that under the 1963 statutory amendment, attorneys' fees are part of recoverable c
• Pensacola Scrap Processors, Inc. v. State Rd. Dep't of Fla. ef al.
  188 So. 2d 38· Fla. 1st DCA· 1966-06-02 ·cited 23×
  This case addresses whether a tenant at will is entitled to compensation for the taking of a leasehold estate under eminent domain. The court held that a tenant at will is an "owner" under the Florida Constitution and is entitled to compensation for loss of the leasehold, removal
• Fekany v. State Rd. Dep't of Fla.
  115 So. 2d 418· Fla. 2d DCA· 1959-11-04 ·cited 23×
  In an eminent domain proceeding, property owners challenged attorney fee awards as inadequate. The Florida appellate court affirmed the jury verdicts finding that expert testimony on reasonable fees, while persuasive, is not conclusive and must be considered with other factors re
• Tilden Groves Holding Corp. v. Orlando/Orange Cnty. Expressway
  816 So. 2d 658· Fla. 5th DCA· 2002-03-08 ·cited 22×
  A mediated settlement agreement entered into by an eminent domain condemnor and a property owner, which expressly settled only the owner's fee interest and excluded a lessee's rights, cannot be set aside for unilateral mistake where the agreement's language is clear and unambiguo
• Fla. Power & Light Co. v. S.B. Jennings
  518 So. 2d 895· Fla.· 1987-09-03 ·cited 22×
  The Florida Supreme Court addressed whether evidence of public fear regarding health hazards from high-voltage transmission lines is admissible in eminent domain proceedings to support property damage valuations. The Court held that public fear affecting market value is admissibl