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

• Jackson Water Works, Inc. v. The Pub. Utils. Comm'n OF the State OF Cal.
  793 F.2d 1090· 9th Cir.· 1986-07-08 ·cited 22×
  The statutory scheme allowing a city to unilaterally choose between state court condemnation proceedings (with jury trial and appeal rights) and Public Utilities Commission proceedings (without such rights) for similarly-situated utilities violates the Equal Protection Clause.
• Nordmann v. Fla. Dep't of Agric. & Consumer Servs.
  473 So. 2d 278· Fla. 5th DCA· 1985-08-01 ·cited 22×
  The State of Florida has the constitutional authority, under its police power, to destroy apparently healthy but 'suspect' citrus plants without resort to eminent domain or quarantine procedures when necessary to prevent the spread of citrus canker.
• Amen v. City OF Dearborn
  718 F.2d 789· 6th Cir.· 1983-10-06 ·cited 22×
  The court held that the district court properly found subject-matter jurisdiction under the amended 28 U.S.C. § 1331 and that the City's conduct constituted a taking of private property without just compensation, but reversed the finding that acquisitions lacked a public purpose.
• United States v. 101.88 Acres OF Land
  616 F.2d 762· 5th Cir.· 1980-05-05 ·cited 22×
  An appellate court may review an interlocutory order in a condemnation proceeding if it is collateral, separable, and fundamental to the further conduct of the case, even if it does not dispose of the entire action.
• Sioux Nation of Indians v. The United States
  601 F.2d 1157· Ct. Cl.· 1979-06-13 ·cited 22×
  The court's opinion, in part, misinterprets Lone Wolf v. Hitchcock, which does not establish that the acquisition of the Black Hills by the 1877 Act was not a taking requiring just compensation.
• Reginald C. Kendry et ux. v. Division OF Administration
  366 So. 2d 391· Fla.· 1978-12-07 ·cited 22×
  The Florida Supreme Court addressed whether property owners can recover severance damages when the state violates restrictions in a perpetual easement by partially taking property. The Court held that landowners are entitled to severance damages for harm to the remainder of their
• United States v. Winnebago Tribe OF Nebraska
  542 F.2d 1002· 8th Cir.· 1976-09-29 ·cited 22×
  The court held that the United States lacked authority to condemn tribal lands held in trust under a treaty without express congressional intent to abrogate the treaty, and that severance damages for groundwater rise constituted a taking compensable under the Tucker Act, not a ma
• Kirkpatrick v. City OF Jacksonville
  312 So. 2d 487· Fla. 1st DCA· 1975-05-12 ·cited 22×
  The court reversed the trial court's dismissal of a complaint based on inverse condemnation, holding that property owners may recover compensation when a municipality destroys their property without proper notice or due process, even if the city claims it acted for a public purpo
• United States v. 1
  498 F.2d 1298· 8th Cir.· 1974-06-20 ·cited 22×
  The court held that the trial court properly determined that the condemned tracts and Parcel A constituted a single unit for valuation purposes and that its findings on before-taking and after-taking values were supported by substantial evidence and not clearly erroneous.
• United States v. 1
  473 F.2d 996· 8th Cir.· 1973-02-15 ·cited 22×
  The court held that evidence of subsequent comparable sales is admissible to determine market value in eminent domain cases, but the trial court's error in excluding such evidence was harmless in this instance.
• United States v. 2
  432 F.2d 1286· 5th Cir.· 1970-10-16 ·cited 22×
  The court held that the Secretary of the Army's determination of necessity and purpose in a condemnation proceeding is largely unreviewable by the judiciary, and that deviations from preliminary project plans do not invalidate the taking if the project remains within the scope of
• Arrington v. The City OF Fairfield
  414 F.2d 687· 5th Cir.· 1969-08-07 ·cited 22×
  The court held that the facts presented did not establish a substantial federal question, thus federal courts should not intervene in this local matter.
• United States v. Certain Prop. Located IN the Borough OF Manhattan
  403 F.2d 800· 2d Cir.· 1968-10-21 ·cited 22×
  The court held that the 'substitute facilities' doctrine is an alternative method for calculating just compensation in public condemnation cases, not an exception to the market value rule, and can apply even if replacement is not legally mandated but reasonably necessary for publ
• Brest v. Jacksonville Expressway Auth.
  194 So. 2d 658· Fla. 1st DCA· 1967-01-19 ·cited 22×
  The Jacksonville Expressway Authority sought to condemn the appellant's property, but the court found that the true purpose was to relocate a private railroad's tracks rather than to construct the expressway itself. The court reversed the condemnation judgment, holding that takin
• United States v. Bell
  363 F.2d 94· 8th Cir.· 1966-07-14 ·cited 22×
  The court held that the commission's amended report was still inadequate under United States v. Merz because it failed to sufficiently explain how the award was calculated, necessitating a remand.
• Morgan v. United States
  356 F.2d 17· 8th Cir.· 1966-02-07 ·cited 22×
  The court held that even if a commission's report predates the Merz decision, it can be affirmed if it sufficiently demonstrates fairness, safeguards against bias, and reveals the evaluation process, especially when the landowners fail to make specific objections.
• Vasco A. Smith, Jr. v. Holiday Inns OF Am., Inc.
  336 F.2d 630· 6th Cir.· 1964-09-22 ·cited 22×
  The court held that the motel's discriminatory refusal to serve Negroes constituted state action under the Fourteenth Amendment because the motel was an integral part of a state-sponsored and controlled urban redevelopment project, making the discrimination impermissible.
• Foster F. Culbertson and Jessie L. Culbertson v. State Rd. Dep't of Fla.
  165 So. 2d 255· Fla. 1st DCA· 1964-06-18 ·cited 22×
  The court held that admitting testimony based on an appraisal made four months before the date of taking constituted material error, requiring a new trial.
• State Rd. Dep't of Fla. v. Abel Inv. Co.
  165 So. 2d 832· Fla. 2d DCA· 1964-06-05 ·cited 22×
  The court held that a condemning authority is not required to amend its Declaration of Taking to include business losses prior to trial, as such damages are statutory and determined after trial.
• State Rd. Dep't of Fla. v. Falcon, Inc.
  157 So. 2d 563· Fla. 2d DCA· 1963-11-13 ·cited 22×
  State Road Department and Pinellas County appealed an order granting a new trial in an eminent domain proceeding, arguing that the trial court erred in invalidating expert appraisal testimony solely because the witnesses failed to consider one comparable transaction. The appellat
• United States v. Lewis
  308 F.2d 453· 9th Cir.· 1962-07-10 ·cited 22×
  A commission's report in a condemnation case must provide sufficient detail for the district court to review factual disputes and valuation principles, and the district court abuses its discretion by ruling on objections without a transcript when the objections require examinatio
• Fairfield Gardens, Inc. v. United States
  306 F.2d 167· 9th Cir.· 1962-06-27 ·cited 22×
  The court held that rent controls must be considered in determining the market value of a leasehold interest, and that the exclusion of comparable sales evidence was within the trial court's discretion due to significant dissimilarities.
• Swift & Co. v. The Hous. Auth. OF The City of Plant City
  106 So. 2d 616· Fla. 2d DCA· 1958-11-12 ·cited 22×
  Swift & Company appealed the denial of its right to present evidence of land value based on phosphate content in a condemnation proceeding by the Housing Authority of Plant City. The trial court had ruled that a zoning ordinance prohibiting mining precluded any valuation as phosp
• United States v. The Bd. OF Educ. OF THE Cnty. OF Mineral
  253 F.2d 760· 4th Cir.· 1958-02-27 ·cited 22×
  The court held that the cost of acquiring substitute property is a proper measure of just compensation when the condemned property has no market value for its highest and best use.
• Dist. of Columbia Redev. Land Agency v. 61 Parcels OF Land IN Squares 585
  235 F.2d 864· D.C. Cir.· 1956-07-26 ·cited 22×
  The court held that evidence of comparable sales in eminent domain cases is admissible if not made under legal compulsion, and expert witnesses can testify to such sales as a basis for their opinions, even without personal participation.
• Cade v. United States
  213 F.2d 138· 4th Cir.· 1954-05-10 ·cited 22×
  The court held that excluding expert testimony on the value of specific components of condemned land, such as a rock deposit, was an error that prejudiced the landowner.
• United States v. Theimer
  199 F.2d 501· 10th Cir.· 1952-10-22 ·cited 22×
  The court held that parties in a condemnation proceeding are ordinarily entitled to a jury trial under Rule 71A(h) unless exceptional circumstances warrant a commission.
• Thatcher v. Tenn. Gas Transmission Co.
  180 F.2d 644· 5th Cir.· 1950-02-27 ·cited 22×
  The court held that Section 7(h) of the Natural Gas Act constitutionally grants natural gas companies the power of eminent domain to acquire rights-of-way for pipelines as a regulation of interstate commerce.
• Kimball Laundry Co. v. United States
  166 F.2d 856· 8th Cir.· 1948-03-11 ·cited 22×
  The court held that just compensation for temporary government use of a business property is the market rental value plus restoration costs, excluding business losses like lost trade routes and customers.
• United States v. Los Angeles Cnty.
  163 F.2d 124· 9th Cir.· 1947-08-15 ·cited 22×
  The court held that the compensation awarded to the County for its easement was incorrect, as it should have been based on the cost of providing a substitute road, not market value.
• United States v. Chapman
  158 F.2d 417· 10th Cir.· 1946-11-20 ·cited 22×
  The court held that a juror who had previously testified as an expert witness for a landowner in a similar condemnation case, and who had personal acquaintances with the current landowner, should have been disqualified for cause, especially after the government exhausted its pere
• Harris Stanley Coal & Land Co. v. Chesapeake & O. Ry. Co.
  154 F.2d 450· 6th Cir.· 1946-04-03 ·cited 22×
  The court held that a permanent injunction should be granted to prevent the coal company from removing pillars and coal barriers, as the potential catastrophic injury to human life and public travel outweighs the economic harm to the coal company and the railroad has no adequate
• United States v. Rayno
  136 F.2d 376· 1st Cir.· 1943-06-14 ·cited 22×
  The court held that evidence of market value enhanced by the government's project, for which the land was likely taken from the project's inception, is inadmissible. Errors in jury instructions regarding this valuation standard require a new trial.
• People of Puerto RICO v. United States
  132 F.2d 220· 1st Cir.· 1942-12-18 ·cited 22×
  The People of Puerto Rico did not have a compensable interest in the condemned property because their potential future interest was too remote and speculative to value.
• State Rd. Dep't of the State of Fla. v. Zetrouer
  105 Fla. 650· Fla.· 1932-06-08 ·cited 22×
  The State Road Department sought review of a condemnation judgment awarding $4,725 plus attorney's fees to landowner Zetrouer. The Florida Supreme Court held that a condemnor may appeal a judgment in its favor when challenging its excessiveness, and need not deposit the award int
• Pensacola & Atl. R. R. Co. v. Jackson
  21 Fla. 146· Fla.· 1884-06-01 ·cited 22×
  Jackson owned a town lot in Milton, Florida that the Pensacola and Atlantic Railroad Company entered and converted into a railroad bed without prior agreement or adequate compensation. The Supreme Court reversed the lower court's denial of the railroad's demurrer to Jackson's bil
• Osceola Cnty. v. Best Diversified, Inc.
  936 So. 2d 55· Fla. 5th DCA· 2006-08-11 ·cited 21×
  Osceola County and the Florida Department of Environmental Protection (DEP) appeal a judgment awarding inverse condemnation damages to Peter Huff, the operator of a construction and demolition debris landfill. The court reverses, holding that no compensable taking occurred becaus
• Palm Beach Cnty. v. Cove Club Invs. Ltd.
  734 So. 2d 379· Fla.· 1999-04-08 ·cited 21×
  The Florida Supreme Court held that a covenant running with land requiring monthly recreational fees from mobile home lot owners constitutes a compensable property right when the government condemns the lot through eminent domain. The court distinguished this case from prior prec
• Knappen v. Division OF Administration
  352 So. 2d 885· Fla. 2d DCA· 1977-11-16 ·cited 21×
  The Florida District Court of Appeal reversed an order of taking in an eminent domain proceeding, holding that the Department of Transportation failed to prove the necessity of taking two motel parcels for a 14-foot right-of-way expansion when an alternative 66-foot design (alrea
• Division OF Administration v. ELY
  351 So. 2d 66· Fla. 3d DCA· 1977-10-11 ·cited 21×
  The Florida Department of Transportation appeals a jury verdict awarding Southeastern Propane Gas Co. $4,157.63 in an eminent domain proceeding for the taking of land in a mobile home park. The court reverses, holding that a service and easement agreement to supply propane gas cr
• Cabrera v. Municipality OF Bayamon
  562 F.2d 91· 1st Cir.· 1977-09-09 ·cited 21×
  The court held that the district court did not err in refusing to order the relocation of the landfill or condemnation of plaintiffs' property, and that substantial economic loss alone does not constitute a Fifth Amendment taking.
• Chacon v. Granata
  515 F.2d 922· 5th Cir.· 1975-07-10 ·cited 21×
  The court held that the annexation, considered alone, is lawful, and challenges to anticipated zoning or condemnation are premature because no ripe controversy has been presented.
• Orange Cnty. v. The City OF Apopka
  299 So. 2d 652· Fla. 4th DCA· 1974-02-22 ·cited 21×
  Orange County and a homeowners association appealed a trial court's declaration that municipalities developing an airport under the Airport Law of 1945 were exempt from county zoning regulations. The Fourth District Court of Appeal reversed, holding that governmental units must c
• United States v. 87.30 Acres OF Land
  430 F.2d 1130· 9th Cir.· 1970-08-06 ·cited 21×
  The court held that the cost of relocating an elevator, potential port site value based on a revocable permit, and severance damages to non-contiguous land owned by third parties are not compensable in a federal eminent domain proceeding.
• City OF Miami Beach v. Belle Isle Apt. Corp.
  177 So. 2d 884· Fla. 3d DCA· 1965-07-20 ·cited 21×
  The City of Miami Beach appealed a jury verdict awarding damages to property owners for an 18-foot easement taken by eminent domain for a private road. The court upheld the jury's award, holding that the owners were entitled to just compensation for their property interest despit
• Campoamor v. State Live Stock Sanitary Bd.
  136 Fla. 451· Fla.· 1938-06-11 ·cited 21×
  Jose Campoamor, a dairyman, sought to enjoin the State Live Stock Sanitary Board from entering his premises to test his cattle for Bangs disease or slaughter infected animals. The Florida Supreme Court upheld the Board's statutory authority to inspect, quarantine, and destroy inf
• Seminole Cnty. v. Delco OIL, Inc.
  669 So. 2d 1162· Fla. 5th DCA· 1996-03-22 ·cited 20×
  Seminole County appealed an attorney's fee award in an eminent domain case, challenging the trial court's calculation of $67,500 based on 25% of benefits obtained. The Fifth District reversed, holding that fees must be calculated using a lodestar-based approach adjusted by benefi
• Gilbert v. City OF Cambridge
  932 F.2d 51· 1st Cir.· 1991-05-03 ·cited 20×
  The court held that the property owners' facial challenges to the rent control ordinance were not justiciable, and their as-applied claims were either time-barred or not ripe for review.
• Yonkers Racing Corp. & St. Joseph's Seminary & Coll. v. City OF Yonkers
  858 F.2d 855· 2d Cir.· 1988-09-22 ·cited 20×
  The majority found that removal of Article 78 proceedings was authorized by the All Writs Act, despite the general and civil rights removal statutes not applying.
• Wainwright v. State
  488 So. 2d 563· Fla. 1st DCA· 1986-04-22 ·cited 20×
  Wainwright appeals the Department of Transportation's revocation of his outdoor advertising permits on interstate highways. The court reverses, holding that DOT cannot retroactively apply a changed interpretation of "commercial activity" to revoke permits that were lawfully issue