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

• Stanford Williams v. City OF ST. Louis
  783 F.2d 114· 8th Cir.· 1986-01-29 ·cited 20×
  The court held that the district court erred in granting summary judgment sua sponte and on issues not properly raised, and that plaintiffs' substantive due process and equal protection claims are not barred by the adequacy of state remedies.
• United States v. 2.61 Acres OF Land
  791 F.2d 666· 9th Cir.· 1985-11-08 ·cited 20×
  The court held that a district court has discretion to grant a continuance to allow a suspended corporation to revive its corporate powers, and that denying such a continuance under these circumstances constituted an abuse of discretion.
• Division of Administration v. Frenchman, Inc.
  476 So. 2d 224· Fla. 4th DCA· 1985-08-07 ·cited 20×
  The Florida Fourth District Court of Appeal reversed a jury award of $190,000 in severance damages in a condemnation case involving the state's taking of a strip of land from a golf course, holding that the trial court erred by permitting cost-to-cure testimony without first esta
• Selwyn A. Robinson v. Ariyoshi
  753 F.2d 1468· 9th Cir.· 1985-02-20 ·cited 20×
  A state cannot divest vested property rights through a judicial decision without just compensation, even if the decision changes established law.
• LEE Cnty. v. The Exch. Nat'l Bank OF Tampa
  417 So. 2d 268· Fla. 2d DCA· 1982-05-28 ·cited 20×
  Lee County appealed a condemnation judgment awarding severance damages to a landowner whose 127 acres were taken as part of an airport buffer zone. The court held that severance damages for diminution in value caused by proximity to the airport on other condemned land are not rec
• Dade Cnty. v. Still
  377 So. 2d 689· Fla.· 1979-11-21 ·cited 20×
  Dade County challenged a lower court ruling that prevented it from considering the effect of its own right-of-way ordinances when determining compensation for property taken in eminent domain. The Florida Supreme Court affirmed, holding that a condemning authority cannot reduce c
• City OF Miami v. Coconut Grove Marine Props., Inc.
  358 So. 2d 1151· Fla. 3d DCA· 1978-05-16 ·cited 20×
  The City of Miami condemned private property ostensibly for public park purposes under its 'Parks for People' bond program, but subsequently leased the property to private businesses and solicited bids for a private shopping mall development. The former owners sued for damages, c
• United States v. 3
  563 F.2d 357· 8th Cir.· 1977-09-30 ·cited 20×
  The court held that the trial court erred in awarding only nominal compensation when the condemnee retained a fee interest in the condemned land, and that the fair market value of the land, considering expert testimony, should be the basis for compensation.
• Reubin O'D. Askew v. Gables-By-The-Sea, Inc.
  333 So. 2d 56· Fla. 1st DCA· 1976-06-03 ·cited 20×
  The Florida Supreme Court affirmed a trial court's decision granting a mandatory injunction requiring the State to institute condemnation proceedings against property it had sold to Gables-By-The-Sea, Inc. The State had unlawfully revoked dredge and fill permits, rendering the su
• The Canal Auth. of the State of Fla. v. Ocala Mfg.
  332 So. 2d 321· Fla.· 1976-04-14 ·cited 20×
  The Florida Supreme Court reversed the District Court of Appeal's decision holding the Canal Authority liable for attorney's fees and costs incurred by Ocala Manufacturing in federal condemnation proceedings. The Court held that the Canal Authority acted within its statutory auth
• United States v. 46
  521 F.2d 13· 10th Cir.· 1975-08-06 ·cited 20×
  The court held that the highest and best use of the condemned land cannot be based on a use created solely by the government's project, and 'co-use' leases with the government are inadmissible as comparable sales.
• United States v. 416.81 Acres OF Land
  514 F.2d 627· 7th Cir.· 1975-04-22 ·cited 20×
  The court held that the landowner's defenses were properly stricken as insufficient and that the jury's award was within the range of evidence, affirming the district court's judgment.
• Fla. Power & Light Co. v. Rader
  306 So. 2d 565· Fla. 4th DCA· 1975-01-24 ·cited 20×·via Power Of Eminent Domain
  Florida Power & Light Company (FP&L) appealed a judgment requiring it to commence condemnation proceedings for an easement over property containing its electric transmission lines. The court reversed, holding that FP&L's unrecorded easement was enforceable against the current own
• Frederika Blankner v. The City OF Chicago
  504 F.2d 1037· 7th Cir.· 1974-10-24 ·cited 20×
  The court held that a plaintiff denied a meaningful opportunity to contest the designation and taking of her property due to procedural delays has a right of action under 42 U.S.C. § 1983 for deprivation without due process.
• Gibson & Perin Co. v. City OF Cincinnati
  480 F.2d 936· 6th Cir.· 1973-06-26 ·cited 20×
  The court held that while plaintiffs may have suffered economic injury, the applicable statutes and case law do not permit a subsequent judicial remedy after legislative decisions.
• State of Fla. Dep't OF Transp. & Volusia Cnty. v. Byrd
  254 So. 2d 836· Fla. 1st DCA· 1971-11-30 ·cited 20×
  The State of Florida and Volusia County appealed a jury verdict awarding severance damages to property owners whose motel property was partially taken for highway widening. The court affirmed the judgment, holding that expert testimony suggesting the property owners could mitigat
• John E. Hill and his wife v. Marion Cnty.
  238 So. 2d 163· Fla. 1st DCA· 1970-07-30 ·cited 20×
  In an eminent domain condemnation proceeding for a highway right-of-way, landowners appealed from a judgment that excluded expert testimony using the 'cost to cure' method to calculate severance damages. The court held that the constitutional requirement of 'full compensation' ma
• Transwestern Pipeline Co. v. A Right-of-Way for a Gas Transmission Pipeline in Sections 10
  418 F.2d 15· 5th Cir.· 1969-10-30 ·cited 20×
  The court held that the trial court erred in accepting the Commissioners' award because it was based on inadmissible evidence of sales to parties with eminent domain power, and the findings on damages to the remainder were insufficiently detailed.
• Sallas v. State Rd. Dep't of Fla.
  220 So. 2d 378· Fla. 1st DCA· 1969-02-25 ·cited 20×
  In an eminent domain case involving a highway taking from appellant's filling station, the court reversed the trial court's judgment that denied appellant any compensation for business damages. The court held that the jury's verdict awarding zero for business damages violated the
• United States v. Meyer
  398 F.2d 66· 9th Cir.· 1968-07-17 ·cited 20×
  The court held that the government's broad attempt to prevent discovery of its appraisers' opinions and the basis for those opinions in a condemnation case was improper. The court also held that striking the declaration of taking and order for possession was an inappropriate sanc
• 2 v. United States
  350 F.2d 356· 5th Cir.· 1965-06-30 ·cited 20×
  The court held that the district court erred in granting partial summary judgment because the facts and law regarding prospective damages from underflooding were not clear enough for a definitive ruling at this stage.
• Maun v. United States
  347 F.2d 970· 9th Cir.· 1965-05-20 ·cited 20×
  The court held that Section 271 of the Atomic Energy Act of 1954 precludes the Atomic Energy Commission from constructing an overhead electric transmission line in defiance of valid local ordinances, even when acquiring easements through eminent domain.
• Wolff v. The Commonwealth OF Puerto RICO
  341 F.2d 945· 1st Cir.· 1965-03-05 ·cited 20×
  The court held that excluding evidence of potential re-zoning and related transactions was an error that prejudiced the jury's determination of fair market value.
• Stipe v. United States
  337 F.2d 818· 10th Cir.· 1964-10-28 ·cited 20×
  The court held that the loss of business due to the relocation of a highway, which diverted traffic away from the property, is not compensable in a condemnation action, even if some land was taken.
• Chance v. Cnty. Bd. OF Sch. Trs. OF McHENRY Cnty.
  332 F.2d 971· 7th Cir.· 1964-06-10 ·cited 20×
  The district court's dismissal of the action for lack of jurisdiction was proper.
• Eaton v. Emory Grubbs & the Bd. of Managers of James Walker Mem'l Hosp.
  329 F.2d 710· 4th Cir.· 1964-04-01 ·cited 20×
• United States v. 2
  310 F.2d 775· 5th Cir.· 1962-12-05 ·cited 20×
  Condemnation commissioners' reports must be sufficiently detailed to allow for adequate review by the district court and appellate courts.
• Likins-Foster Monterey Corp. v. United States
  308 F.2d 595· 9th Cir.· 1962-10-01 ·cited 20×
  The court held that the government's expert witnesses' assumptions regarding future income controls, capitalization rates derived from regulated project sales, vacancy rates, and the absence of bonus value for favorable financing or low land rent were not false or incompetent, an
• Jayson v. United States
  294 F.2d 808· 5th Cir.· 1961-10-13 ·cited 20×
  The court held that the trial court did not err in excluding evidence of prior offers for the property, in admitting the purchase price, or in denying a new trial based on jury misconduct or the verdict's weight. The court also properly excluded indemnitors as parties.
• Rapid Transit Co. v. United States
  295 F.2d 465· 10th Cir.· 1961-10-10 ·cited 20×
  The court held that the trial court did not err in adopting the commissioners' finding on just compensation, as the award was within the range of credible testimony and not clearly erroneous.
• Myron Proser v. Berger
  132 So. 2d 439· Fla. 3d DCA· 1961-08-10 ·cited 20×
  Proser appeals a decree dismissing his claim for 30% of a $70,000 settlement received by Berger from Broward County and the State Road Department for unlawful appropriation of property. The court must interpret whether the settlement constitutes a 'damages' award (entitling Prose
• City OF Dania v. Cent. & S. Fla. Flood Control Dist.
  134 So. 2d 848· Fla. 2d DCA· 1961-05-17 ·cited 20×
  The City of Dania sought certiorari review of an interlocutory order in an eminent domain action where the Central and Southern Florida Flood Control District sought to condemn city property used as a garbage dump. The court held that a flood control district lacks statutory auth
• Bishop v. United States
  288 F.2d 525· 5th Cir.· 1961-03-15 ·cited 20×
  Interest is payable by the Government for the period during which withdrawal of a deficiency deposit was prohibited by court order obtained by the Government.
• Wingert v. Prince
  123 So. 2d 277· Fla. 2d DCA· 1960-08-10 ·cited 20×
  The court held that tenants holding over under a lease are presumed to do so under the original lease's terms, including the right to remove improvements, and are entitled to compensation for those improvements in an eminent domain proceeding.
• United States v. City OF Jacksonville
  257 F.2d 330· 8th Cir.· 1958-07-09 ·cited 20×
  The court held that the jury's finding of salvage value, supported by substantial evidence, should control over the general verdict when determining just compensation in a condemnation case.
• Beistline v. City OF SAN Diego & Gen. Dynamics Corp.
  256 F.2d 421· 9th Cir.· 1958-06-03 ·cited 20×
  The court held that the federal court lacked jurisdiction because the plaintiff's claims did not present a substantial federal question, and any claims of fraud or duress should be pursued in state court.
• Gwathmey v. United States
  215 F.2d 148· 5th Cir.· 1954-08-25 ·cited 20×
  The court held that consolidating numerous condemnation suits into a single trial before one jury, without a proper breakdown of claims, denied landowners due process and constituted an abuse of discretion.
• Brautigam v. MacVICAR
  73 So. 2d 863· Fla.· 1954-07-06 ·cited 20×·via Eminent Domain Proceedings
  The Florida Supreme Court reversed a declaratory judgment decree approving a contract between the City of Miami and the Dade County Port Authority for seaport development, holding that the suit presented no actual adversarial controversy as required by the declaratory judgment st
• City of Miami v. Romer
  73 So. 2d 285· Fla.· 1954-06-18 ·cited 20×
  The Florida Supreme Court addresses whether a city setback ordinance constitutes a compensable taking of property when enacted ostensibly for street-widening purposes. The court holds that a setback ordinance is a valid exercise of police power if reasonably related to public hea
• Conner v. State Rd. Dept. of Fla.
  66 So. 2d 257· Fla.· 1953-07-17 ·cited 20×
  Florida Supreme Court reversed a condemnation judgment where the State Road Department sought to take the appellant's land for highway purposes. The reversal was based on improper and prejudicial argument made by the condemnor's attorney to the jury, which improperly disparaged o
• United States v. COX
  190 F.2d 293· 10th Cir.· 1951-06-21 ·cited 20×
  The court held that the value of privately owned land taken by eminent domain should include the enhancement in value derived from the availability of adjacent public lands for grazing, even if those public lands were to be used for the taking project.
• Smith v. Ryan
  39 So. 2d 281· Fla.· 1949-03-11 ·cited 20×
  This case involves a taxpayer's challenge to the use of district funds for demolishing an old bridge and constructing a new one. The court affirmed the lower court's decision, holding that the county commissioners had the authority to replace the bridge, interpreting "repair and
• Inland Waterway Dev. Co. v. City OF Jacksonville
  160 Fla. 913· Fla.· 1948-10-29 ·cited 20×
  The Florida Supreme Court rejected a mootness argument raised by a defendant in an eminent domain proceeding, holding that substantial compliance with statutory payment requirements was satisfied where the condemnor paid the jury-awarded compensation into court within the statuto
• People of Puerto RICO v. E. Sugar Assocs.
  156 F.2d 316· 1st Cir.· 1946-06-28 ·cited 20×
  The court held that the proposed taking of land for agrarian reform and economic development on Vieques constituted a public use, and the lower court erred in dismissing the condemnation petition without evidence.
• Swanson v. United States
  156 F.2d 442· 9th Cir.· 1946-06-25 ·cited 20×
  The assignees of a mortgage, who purchased the property at a foreclosure sale and later received a sheriff's deed after condemnation proceedings interfered with redemption, are entitled to share in the condemnation award only to the extent necessary to satisfy their lien, conside
• Kinter v. United States
  156 F.2d 5· 3d Cir.· 1946-06-07 ·cited 20×
  The court held that admitting testimony on the cost of repairs and improvements was reversible error because cost is not synonymous with market value.
• Clark v. United States
  155 F.2d 157· 8th Cir.· 1946-05-06 ·cited 20×
  The court held that the trial court erred in refusing to admit evidence of the separate value of improvements and timber, and that the government agents lacked authority to bind the United States to an agreement for the removal of improvements.
• United States v. Lambert
  146 F.2d 469· 2d Cir.· 1944-12-29 ·cited 20×
  The court held that the trial judge could assess the award without commissioners, and that the award amount was not clearly erroneous, considering the specific facts and applicable law.
• Fain v. United States Ex rel. Tenn. Valley Auth.
  145 F.2d 956· 6th Cir.· 1944-12-08 ·cited 20×
  The court held that the District Judges' valuations in condemnation proceedings were too low, and increased the awards based on evidence of the property's value, productivity, and improvements.
• Brooklyn E. Dist. Terminal v. City of N.Y.
  139 F.2d 1007· 2d Cir.· 1944-01-06 ·cited 20×
  The court held that the petitioner's agreement with the City granted it a substantial interest in the condemned land, entitling it to compensation from the condemnation award.