Inverse Condemnation

805 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State of Fla. Dep't OF Transp. v. Rubano
  636 So. 2d 749· Fla. 4th DCA· 1994-02-02 ·cited 4×
  This inverse condemnation case addresses whether property owners are entitled to compensation for temporary loss of access to their properties caused by highway construction and traffic rerouting. The trial court found a compensable temporary taking of access, but the appellate c
• Broward Cnty. v. Rhodes
  624 So. 2d 319· Fla. 4th DCA· 1993-09-01 ·cited 4×
  The court held that inverse condemnation does not apply to accidental destruction of property during a government program absent a willful taking.
• State v. Miccosukee Vill. Shopping Ctr.
  621 So. 2d 516· Fla. 1st DCA· 1993-07-07 ·cited 4×
  The Florida Department of Transportation appealed a summary judgment in an inverse condemnation case, challenging the trial court's finding that the mere inclusion of property within a reservation map constituted a per se taking. The First District Court of Appeal reversed, adopt
• Dep't OF Transp. v. L.I. Gefen
  620 So. 2d 1087· Fla. 1st DCA· 1993-06-28 ·cited 4×
  The Florida Supreme Court held that a property owner does not have a compensable taking when access to an interstate highway is closed if access to abutting streets remains undiminished, even if commercial value is substantially reduced.
• Palm Beach Cnty. v. Wright
  612 So. 2d 709· Fla. 4th DCA· 1993-01-27 ·cited 4×
  A county thoroughfare map designating corridors for future roadways and restricting all development activities within those corridors effects an unconstitutional taking of property without just compensation and is facially invalid.
• Raymond and Barbara Seguin v. The City OF Sterling Heights
  968 F.2d 584· 6th Cir.· 1992-06-29 ·cited 4×
  The court held that the Fifth Amendment takings and Fourteenth Amendment equal protection claims were not ripe because plaintiffs failed to pursue state remedies and obtain a final decision. However, the procedural due process claim was ripe, but ultimately failed due to lack of
• Mid-America Pipeline Co. v. Lario Enters., Inc.
  942 F.2d 1519· 10th Cir.· 1991-08-30 ·cited 4×
  The court held that the asphalt racetracks and increased overburden materially interfere with MAPCO's easement rights, and that damages are an inadequate remedy, thus reversing the denial of a mandatory injunction.
• Jama Constr. v. City OF LOS Angeles
  938 F.2d 1045· 9th Cir.· 1991-07-15 ·cited 4×
  The court held that a regulatory taking claim is not ripe for federal review until the plaintiff has sought compensation through available state procedures, and affirmed dismissal on this ground.
• Martinez v. Bolding
  570 So. 2d 1369· Fla. 1st DCA· 1990-12-05 ·cited 4×
  The Florida District Court of Appeal reversed a trial court's inverse condemnation judgment against the state Board of Trustees, holding that no compensable taking occurred because the property owners did not suffer a denial of their land's use until the federal Corps of Engineer
• Doyle Conner v. Reed Bros., Inc.
  567 So. 2d 515· Fla. 2d DCA· 1990-09-21 ·cited 4×
  Reed Brothers, Inc. challenges a citrus canker quarantine imposed by Florida's Department of Agriculture that effectively destroyed the market value of its Swingle hybrid seedlings and seed source trees. The court affirms the trial court's finding of an inverse condemnation takin
• E. Ritter & Co. v. Dep't OF THE Army
  874 F.2d 1236· 8th Cir.· 1989-05-03 ·cited 4×
  The court held that the government's failure to maintain the flood control ditch banks, which caused erosion to adjacent land, constituted operational negligence not protected by the discretionary function exception or floodwater immunity, and affirmed the damages awarded.
• McDERMOTT v. The City OF Clearwater
  526 So. 2d 121· Fla. 2d DCA· 1988-05-04 ·cited 4×
  An offer of judgment silent as to attorney's fees and made before dismissal of the only count permitting recovery of such fees does not entitle the accepting party to attorney's fees even if the dismissed count is later reasserted.
• Bowles v. United States Army Corps OF Eng'rs
  841 F.2d 112· 5th Cir.· 1988-03-28 ·cited 4×
  The Court held that the claim for damages exceeding $10,000 for a Fifth Amendment taking falls within the exclusive jurisdiction of the Court of Claims, and the denial of a jury trial on the Bivens claim was harmless error due to insufficient evidence.
• Citizen's Ass'n OF Portland v. Int'l Raceways, Inc.
  833 F.2d 760· 9th Cir.· 1987-12-01 ·cited 4×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 for constitutional violations related to noise from a racetrack, and that neither party was entitled to attorney fees under 42 U.S.C. § 1988.
• Dep't OF Env't Reg. v. Montco Research Prods., Inc.
  489 So. 2d 771· Fla. 5th DCA· 1986-04-24 ·cited 4×
  The Department of Environmental Regulation appealed a trial court order that authorized pollution assessment on contaminated property but prohibited use of Water Quality Assurance Trust Fund monies for that assessment. The appellate court granted a writ of certiorari and quashed
• Cortese v. March for the Rossmoor Liquidating Tr.
  782 F.2d 845· 9th Cir.· 1986-02-12 ·cited 4×
  The court held that the Supplemental Declaration of Restrictions (SDR) created covenants under California law, not easements, and that the doctrine of changed conditions could apply to these covenants, requiring further consideration by the trial court. The court also affirmed th
• Laird v. Division OF Administration
  439 So. 2d 918· Fla. 4th DCA· 1983-09-28 ·cited 4×
  Property owners challenged the state's assertion of an easement interest in Pembroke Road based on a 1944 deed reservation. The trial court upheld the state's easement claim, finding the road had been legislatively established as a state road prior to the deed. The appellate cour
• PVM Redwood Co., Inc. v. United States
  686 F.2d 1327· 9th Cir.· 1982-09-13 ·cited 4×
  The court held that the dismissal of PVM's complaint was proper because the allegations did not establish a Fifth Amendment taking of property, but rather a frustration of business opportunity.
• United States v. 15.65 Acres OF Land in the Cnty. OF Marin
  689 F.2d 1329· 9th Cir.· 1982-05-25 ·cited 4×
  The court held that severance damages may be recoverable when the taking of a landowner's property is linked to the government's use of adjoining land, and that a taking occurs when the government deprives an owner of all economic use of their land, entitling them to interest fro
• Delaney v. Capone
  642 F.2d 57· 3d Cir.· 1981-02-27 ·cited 4×
  The appellate court affirmed the district court's judgment for the defendants on the merits but remanded for an explanation regarding the denial of costs.
• Freese v. The United States
  639 F.2d 754· Ct. Cl.· 1981-01-28 ·cited 4×
  The court held that the denial of the opportunity to obtain a patent for mining claims, where the claimant had not yet completed the patent process, does not constitute an unconstitutional taking of private property under the Fifth Amendment.
• Allstate Ins. Co. v. The City OF Boca Raton
  387 So. 2d 478· Fla. 4th DCA· 1980-08-20 ·cited 4×
  Allstate Insurance Company appealed the dismissal of its complaint against the City of Boca Raton, which refused to provide water and sewage services to Allstate's property outside the city limits. The court affirmed the dismissal, holding that Allstate's designation as a 'Design
• Bartz v. The United States
  633 F.2d 571· Ct. Cl.· 1980-07-16 ·cited 4×
  The court held that recurring flooding causing damage to farms was primarily due to excessive precipitation, not solely governmental action, and thus did not constitute a Fifth Amendment taking for which compensation was due.
• United States v. 88.28 Acres OF Land
  608 F.2d 708· 7th Cir.· 1979-11-07 ·cited 4×
  The dismissal of parties claiming an interest in condemned land without determining their interest was error, but did not prejudice their substantial rights, thus the judgment is affirmed.
• Context Dev. Co. v. Dade Cnty.
  374 So. 2d 1143· Fla. 3d DCA· 1979-09-18 ·cited 4×
  Context Development Company challenged a cease and desist order prohibiting rock plowing and agricultural operations on 8,100 acres in Taylor Slough, an ecologically sensitive area. The Florida District Court of Appeal reversed the lower court's dismissal and denial of certiorari
• Milliner v. Gov't OF the Virgin Islands
  593 F.2d 532· 3d Cir.· 1979-03-02 ·cited 4×
  The court held that while the cost of fencing can be a separate element of damages in a partial taking, the specific award for fencing was clearly erroneous due to an inflated expert estimate that did not match the existing fence type.
• Fla. E. Coast Props., Inc. v. Metro. Dade Cnty.
  572 F.2d 1108· 5th Cir.· 1978-05-12 ·cited 4×
  The court held that the construction and operation of a jail/work-release facility adjacent to private property, which caused a diminution in market value, did not constitute a taking without just compensation or a nuisance, absent physical intrusion or interference with property
• Robert and Angeles O'Grady v. City OF Montpelier
  573 F.2d 747· 2d Cir.· 1978-03-27 ·cited 4×
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim, as the factual record was insufficient to determine the constitutional questions presented.
• United States v. Ga. Pac. Corp.
  562 F.2d 294· 4th Cir.· 1977-08-25 ·cited 4×
  The denial of a motion to stay condemnation proceedings is not a final decision appealable under 28 U.S.C. § 1291, nor is it an interlocutory order appealable under 28 U.S.C. § 1292(a)(1) when the stay was not sought to advance an equitable defense.
• Carlson v. The United States
  556 F.2d 489· Ct. Cl.· 1977-05-18 ·cited 4×
  The court held that sovereign immunity alone, or the unauthorized claim of an Indian tribe, does not constitute a Fifth Amendment taking of property for which just compensation is due.
• Tri-State Materials Corp. v. The United States
  550 F.2d 1· Ct. Cl.· 1977-02-23 ·cited 4×
  If the Government builds a dam that permanently raises the water table of land outside the riverbed, causing economic loss to the landowner, it constitutes a compensable Fifth Amendment taking, regardless of whether the flooding is characterized as subflooding or blocked drainage
• Adams v. The Cnty. OF Dade
  335 So. 2d 594· Fla. 3d DCA· 1976-05-18 ·cited 4×
  The court held that homeowners must prove a definite and measurable diminution in market value to succeed in an inverse condemnation action for avigational easements, and that the trial court erred in retaining jurisdiction and ordering implementation of a noise study.
• Coastal Petroleum Co. v. The United States
  524 F.2d 1206· Ct. Cl.· 1975-10-22 ·cited 4×
  The United States may use submerged limestone from navigable waters for a levee project without compensating the leaseholder, due to the navigation servitude.
• Lemmons v. The United States
  496 F.2d 864· Ct. Cl.· 1974-05-15 ·cited 4×
  The court held that the sand and gravel tipple was personal property and was abandoned by the plaintiff, and that the plaintiff's leasehold interest had no market value after the permit revocation, thus no compensable taking occurred.
• United States v. N. Colo. Water Conservancy Dist.
  449 F.2d 1· 10th Cir.· 1971-09-09 ·cited 4×
  The court held that the landowner's vested right to natural irrigation, taken for public use by the government's project, required just compensation under the Fifth Amendment and the Tucker Act.
• City OF Jacksonville v. Schumann
  223 So. 2d 749· Fla. 1st DCA· 1969-06-19 ·cited 4×
  The appellate court affirmed a supplemental judgment awarding costs and attorneys' fees to property owners in inverse condemnation actions. These fees were deemed damages resulting from the taking of property.
• Richard v. United States v. Stone Corral Irrigation Dist.
  282 F.2d 901· Ct. Cl.· 1960-10-05 ·cited 4×
  The court held that the defendant took a seepage easement under the plaintiffs' orange grove due to canal construction, rendering it unusable for citrus cultivation, and is liable for just compensation.
• United States v. Gen. BOX Co.
  224 F.2d 7· 5th Cir.· 1955-06-17 ·cited 4×
  The United States is not liable for timber destroyed during levee enlargement because the land was subject to a riparian servitude appropriated by the levee board under Louisiana law, which does not require compensation for batture or unassessed property used for levees.
• Gibson v. City of Tampa
  135 Fla. 637· Fla.· 1938-12-21 ·cited 4×
  This case involves a dispute over the City of Tampa's discharge of raw sewage into Hillsborough River and Bay, which allegedly polluted oyster beds leased by the complainants. The court reviewed whether the city's financial inability to install a sewage treatment plant justified
• City of Delray Beach v. Sherman Williams Am. Legion
  358 So. 3d 440· Fla. 4th DCA· 2023-03-22 ·cited 3×
  The appellate court reversed a lower court's denial of a motion to dismiss, finding that the plaintiff failed to sufficiently allege a written contract to overcome the city's sovereign immunity defense for a breach of contract claim. The court remanded with leave to amend.
• Gulf Coast Transp., Inc. v. Hillsborough Cnty. & State of Fla.
  352 So. 3d 368· Fla. 2d DCA· 2022-10-07 ·cited 3×
  This case concerns whether taxicab medallions, previously declared "private property" by state legislation, constitute a compensable property interest under the Takings Clause when the legislature later abolishes the regulatory body and repeals the legislation. The court held tha
• Lopez-Brignoni v. Fla. Dep't of Agric. & Consumer Servs.
  314 So. 3d 318· Fla. 3d DCA· 2020-09-30 ·cited 3×
  Homeowners whose healthy citrus trees were destroyed by the state for canker eradication sued for compensation. The appellate court reversed a judgment for the state, finding the trial court erred by disregarding prior rulings on the valuation of the trees and by misapplying prec
• TLC Props., Inc. v. State
  292 So. 3d 10· Fla. 1st DCA· 2020-01-21 ·cited 3×
  The appellate court affirmed a lower court's grant of summary judgment for the Florida Department of Transportation (FDOT). TLC Properties, Inc. argued that FDOT's flyover project constituted a "taking" of its easement rights for an advertising billboard by obstructing its view a
• The Fla. Dep't of Agric. & Consumer Servs. v. Dellaselva
  283 So. 3d 953· Fla. 2d DCA· 2019-11-13 ·cited 3×
  The Lee Homeowners sought enforcement of a final $13.6 million takings judgment against the Florida Department of Agriculture for the destruction of their citrus trees during citrus canker eradication efforts. The trial court declared Florida Statutes sections 11.066(3) and (4) u
• City of Fort Lauderdale v. Hinton
  276 So. 3d 319· Fla. 4th DCA· 2019-07-24 ·cited 3×
  A medical monitoring claim is not barred by sovereign immunity where negligence is a necessary element, because the statutory waiver of sovereign immunity for negligent acts applies to such claims. Questions regarding the applicability of statutory damage caps under section 768.2
• The Town OF Ponce Inlet v. Pacetta, LLC
  226 So. 3d 303· Fla. 5th DCA· 2017-06-16 ·cited 3×
  The Town of Ponce Inlet appeals a $30.7 million judgment awarded to Pacetta, LLC for inverse condemnation and constitutional violations arising from the town's rejection of a proposed mixed-use waterfront development. This is the third appellate proceeding, reversing the damages
• Ocean Palm Golf Club P'ship v. The City OF Flagler Beach
  139 So. 3d 463· Fla. 5th DCA· 2014-05-30 ·cited 3×
  Ocean Palm Golf Club Partnership appealed a trial court judgment dismissing its inverse condemnation claim against the City of Flagler Beach. The court affirmed, holding that the City's refusal to amend the comprehensive plan from recreational to low-density residential did not c
• Fla. Dep't OF Agric. & Consumer Servs. & The Fla. Comm'r of Agric. v. Bogorff
  132 So. 3d 249· Fla. 4th DCA· 2013-11-20 ·cited 3×
  The Florida Department of Agriculture appeals an attorney's fees award in an inverse condemnation class action involving the destruction of citrus trees under a canker eradication program. The court affirms most of the fee award, holding that the Department's letters offering com
• Mickel v. Norton
  69 So. 3d 1081· Fla. 2d DCA· 2011-09-23 ·cited 3×
  The Mickels appealed a judgment requiring them to remove a vinyl fence that obstructed their neighbors' view of the water. The court reversed, holding that the Nortons had no riparian right to view water bodies not adjoining their own property and that the fence served the useful
• Hansen v. City OF Deland
  32 So. 3d 654· Fla. 5th DCA· 2010-02-26 ·cited 3×
  Landowners appealed a trial court's rejection of their inverse condemnation claim for flooding damage caused by the City's storm water pumping operations. The court affirmed, holding that the landowners failed to prove a compensable taking because they did not suffer substantial