Inverse Condemnation

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

• Palm Beach Cnty. v. Tessler
  518 So. 2d 970· Fla. 4th DCA· 1988-01-20 ·cited 2×
  Palm Beach County appeals an inverse condemnation judgment awarding compensation to commercial property owners whose direct access to their business was eliminated by a county-constructed retaining wall as part of a road project. The Fourth District affirmed, holding that blockin
• Doerinkel v. Hillsborough TWP. & Hillsborough Twp. Bd. of Adjustment
  835 F.2d 1052· 3d Cir.· 1987-12-29 ·cited 2×
  The court held that the district court erred in applying issue preclusion against the Township, as the validity of the zoning ordinance was not properly litigated in the prior state court action. The dismissal against the Board of Adjustment was affirmed.
• Crigger v. Fla. Power Corp.
  509 So. 2d 1322· Fla. 5th DCA· 1987-07-16 ·cited 2×
  The court held that the date of taking for the power company's use of the Criggers' seven-eighths interest was August 21, 1979, and affirmed the extent of the taking as a 100-foot wide easement.
• Yuba Natural Res., Inc. v. United States
  821 F.2d 638· Fed. Cir.· 1987-06-18 ·cited 2×
  The court held that the government's prohibition of Yuba's mining activities constituted a temporary taking of Yuba's mineral rights, not a permanent one.
• Pace v. Bd. OF Adjustment
  492 So. 2d 412· Fla. 4th DCA· 1986-07-09 ·cited 2×
  James Pace sought a variance from Jupiter Island's 30-foot road setback requirement to build a home on beachfront property, but was denied by the Board of Adjustment and the circuit court. The Fourth DCA affirmed, holding that the town's zoning setback ordinance was not preempted
• Brown Harris II v. Mo. Conservation Comm'n
  790 F.2d 678· 8th Cir.· 1986-05-08 ·cited 2×
  The court held that Missouri law provides adequate post-deprivation remedies for property takings, thus the federal court lacked subject matter jurisdiction.
• Itco Props., Inc. v. Town OF Highland Beach
  485 So. 2d 47· Fla. 4th DCA· 1986-03-26 ·cited 2×
• Alder v. The United States
  785 F.2d 1004· Fed. Cir.· 1986-02-28 ·cited 2×
  The court held that the Alders' Fifth Amendment inverse condemnation claim was time-barred under 28 U.S.C. § 2501, as it accrued no later than July 1973, and affirmed the Claims Court's dismissal.
• Bundrick v. The United States
  785 F.2d 1009· Fed. Cir.· 1986-02-28 ·cited 2×
  The court held that the Claims Court erred in applying res judicata to the Public Law 93-530 claim, but correctly found the Fifth Amendment taking claim time-barred.
• Laird v. State of Fla. Dep't OF Transp.
  465 So. 2d 486· Fla.· 1984-12-20 ·cited 2×
  This case concerns whether the State of Florida was required to survey and file a road survey with the county clerk after legislative designation in order for a road to be officially classified as a state road under 1941 statutes. The Florida Supreme Court affirmed the district c
• Tony Guiffre Distrib. Co., Inc. v. Wash. Metro. Area Transit Auth.
  740 F.2d 295· 4th Cir.· 1984-08-01 ·cited 2×
  The court held that unpaid rent was inadmissible to prove damages in an inverse condemnation claim due to a non-arm's length lease, prejudgment interest was not awarded as it was not timely requested, and attorney's fees were not recoverable under the lease's indemnity clause.
• State v. Atl. Int'l Inv. Corp.
  438 So. 2d 868· Fla. 1st DCA· 1983-09-12 ·cited 2×
  Atlantic International Investment Corporation sought damages for an alleged taking of its property rights in Cape Atlantic Estates (CAE) due to environmental permitting delays and regulatory actions. The Florida District Court of Appeal reversed the trial court's finding of a tak
• United States v. 50 Acres OF Land
  706 F.2d 1356· 5th Cir.· 1983-06-13 ·cited 2×
  A public condemnee with a duty to replace a condemned facility is entitled to the reasonable cost of a functionally equivalent substitute facility, not just its fair market value.
• Stewart v. City OF KEY W.
  429 So. 2d 784· Fla. 3d DCA· 1983-04-12 ·cited 2×
  The court held that the Florida Constitution's full compensation clause requires pre-judgment interest from the date of taking in inverse condemnation actions.
• Nat'l Bulk Carriers, Inc. v. Dade Cnty.
  419 So. 2d 697· Fla. 3d DCA· 1982-09-07 ·cited 2×
  National Bulk Carriers challenged Dade County's denial of its dredge and fill permit and downzoning of its property. The Third District Court of Appeal held that the circuit court erred by requiring NBC to file a separate inverse condemnation action, when the circuit court itself
• Ardell Adams v. The United States
  680 F.2d 746· Ct. Cl.· 1982-05-19 ·cited 2×
  The existence of prior land use or clearance easements does not preclude a separate taking of avigation easements by the United States, but compensation must account for any overlap in value diminution.
• Coleman v. Escambia Cnty.
  405 So. 2d 227· Fla. 1st DCA· 1981-10-14 ·cited 2×
  Coleman appeals a condemnation award, arguing the trial court erred in excluding evidence of business damage caused by the taking of his property. The court reversed, holding that business damage may be compensable under Florida's condemnation statute if caused by the threat of c
• Flake v. State
  383 So. 2d 285· Fla. 5th DCA· 1980-05-07 ·cited 2×
  Citrus nursery owners challenged a quarantine imposed by Florida's Department of Agriculture on their Star Ruby grapefruit trees as an unconstitutional taking without due process or compensation. The court upheld the quarantine as a valid exercise of police power to protect Flori
• A-B Cattle Co. v. The United States
  621 F.2d 1099· Ct. Cl.· 1980-04-30 ·cited 2×
  The court held that plaintiffs' motion to amend their petition should be denied because the proposed amendments were based on theories of liability (fifth amendment taking and breach of contract) that failed to state a valid claim, primarily due to the Colorado Supreme Court's ru
• United States v. Clarke
  590 F.2d 765· 9th Cir.· 1979-01-15 ·cited 2×
  25 U.S.C. § 357 permits states to acquire Indian trust lands through inverse condemnation, not just direct eminent domain, provided compensation is paid.
• Venezia A, Inc. v. Reubin O'Donovan Askew
  363 So. 2d 367· Fla. 1st DCA· 1978-09-21 ·cited 2×
  Venezia A, Inc. and Venezia C, Inc. sought inverse condemnation and damages after the state denied them a dredge and fill permit for property they had contracted to develop. The appellate court affirmed the trial court's judgment that the original contracts constituted a valid pe
• Georgia-Pacific Corp. v. The United States
  568 F.2d 1316· Ct. Cl.· 1978-01-25 ·cited 2×
  The Court of Claims held that the District Court has the authority to determine the date of taking in a condemnation suit, even if it predates the filing of the suit or declaration of taking, and that this is the preferred forum for resolving all aspects of the compensation claim
• Jupiter Inlet Corp. v. The Vill. OF Tequesta
  349 So. 2d 216· Fla. 4th DCA· 1977-08-09 ·cited 2×
  A municipality may be held responsible through inverse condemnation when it takes water from a shallow aquifer beneath an owner's land for a public purpose, depriving the owner of its beneficial use.
• Vender v. 7900 RED Rd. P'ship
  346 So. 2d 1059· Fla. 3d DCA· 1977-06-07 ·cited 2×
  Bertha Vender appeals a judgment compelling her to perform a settlement agreement negotiated by her attorney without her knowledge or consent. The court affirmed the judgment, holding that the appellant failed to provide an adequate record for appellate review of the factual and
• Alfred and Estelle Minot v. The United States & Guam Power Auth.
  546 F.2d 378· Ct. Cl.· 1976-12-15 ·cited 2×
  The United States is not liable for inverse condemnation when the Guam Power Authority, acting independently, erected a larger power line on an easement previously granted to the United States.
• Emeny v. The United States
  526 F.2d 1121· Ct. Cl.· 1975-12-17 ·cited 2×
  The court held that pre-litigation expenses are not recoverable under 42 U.S.C. § 4654(c), and that fees paid to duplicate sets of attorneys were not 'reasonable' expenses.
• Block v. Orlando-Orange Cnty. Expressway Auth.
  313 So. 2d 75· Fla. 4th DCA· 1975-05-23 ·cited 2×
  Albert Block appealed a judgment on the pleadings in an inverse condemnation action, arguing that damages for loss of access to certain lots should not have been barred by a prior condemnation proceeding. The court affirmed, holding that Block had properly raised the access damag
• Delaney v. Dep't OF Transp.
  306 So. 2d 203· Fla. 1st DCA· 1975-01-14 ·cited 2×
  The Court holds that the prosecutor's constitutional duty to disclose exculpatory evidence is not limited to cases where the defense requests it, but defines 'material' evidence narrowly.
• Martin J. Awbrey and wife v. City OF Panama City Beach
  283 So. 2d 114· Fla. 1st DCA· 1973-09-27 ·cited 2×
  Homeowners sought damages and injunctive relief after a municipality constructed a sewer lift station in the street right-of-way adjacent to their property, obstructing approximately 24 feet of their frontage and impairing access to the street. The court affirmed summary judgment
• Smith v. United States
  458 F.2d 1231· 9th Cir.· 1972-04-18 ·cited 2×
  The government's seizure and continued use of the Smiths' warehouse, even after the tenant's bankruptcy, constituted a taking of private property without just compensation, violating the Fifth Amendment.
• State of Fla. ex rel. State of Fla. Dep't OF Transp. v. Hall
  247 So. 2d 777· Fla. 2d DCA· 1971-05-14 ·cited 2×
  The Florida Department of Transportation sought a writ of prohibition to prevent a circuit judge from entertaining further proceedings in an inverse condemnation action after the judge set aside a prior dismissal order. The court held that the judge properly exercised his authori
• State v. Fla. E. Coast Ry. Co.
  239 So. 2d 587· Fla.· 1970-09-09 ·cited 2×
• City OF Miami v. Fla. E. Coast Ry. Co.
  231 So. 2d 10· Fla. 3d DCA· 1970-01-14 ·cited 2×
  The City of Miami appealed from a summary judgment in favor of the Florida East Coast Railway Company regarding ownership of a three-foot-wide strip of land leased to the City for sidewalk construction. The court affirmed the railway's ownership and right to possess the property
• State of Fla. Dep't OF Transp. v. Crews
  227 So. 2d 505· Fla. 1st DCA· 1969-11-04 ·cited 2×
  The Florida Department of Transportation sought a writ of prohibition to prevent a trial court from hearing J.W. Walker's claim for business damages resulting from the condemnation of property he leased. The court held that the trial court retained jurisdiction to hear Walker's i
• Cnty. of Sarpy v. The United States
  386 F.2d 453· Ct. Cl.· 1967-11-09 ·cited 2×
  The court held that the measure of just compensation for a taken public road is the reasonable cost of necessary substitute facilities, and the compensation should be based on the cost of the more direct east-west substitute road as of the date of taking, plus interest.
• Myers v. The United States
  378 F.2d 696· Ct. Cl.· 1967-06-09 ·cited 2×
  The court held that the government's reservation of rights-of-way in land patents, based on the Act of July 24, 1947, allowed for the widening and rerouting of a road, and this reservation could be exercised even after the land was patented and a road was initially constructed.
• Coe A. Boardman and Martha E. v. The United States
  376 F.2d 895· Ct. Cl.· 1967-05-12 ·cited 2×
  The court held that the plaintiffs' claim was barred by the statute of limitations because the cause of action accrued more than six years before the suit was filed.
• United States v. Wald
  330 F.2d 871· 10th Cir.· 1964-04-24 ·cited 2×
  The court held that the judgments must be reversed because the property taken was not precisely defined and the awards lacked record support due to an unorthodox trial procedure.
• Atchison v. United States
  278 F.2d 937· Ct. Cl.· 1960-06-08 ·cited 2×
  The court held that the plaintiff failed to prove the government's dam and reservoir caused measurable harm to its right-of-way, making the lawsuit premature.
• People of Colorado Ex rel. Watrous v. Dist. Court of United States for Dist. of Colo.
  207 F.2d 50· 10th Cir.· 1953-09-09 ·cited 2×
  The court held that federal courts have jurisdiction to determine if state action constitutes a taking of private property without just compensation, even if state courts might offer a remedy.
• Zenaida "Sandy" Martinez v. City of Lantana
  410 So. 3d 15· Fla. 4th DCA· 2025-04-23 ·cited 1×
  As-applied constitutional challenges to code enforcement fines must be raised on appeal to circuit court pursuant to section 162.11, Florida Statutes, to be preserved; failure to do so bars the challenge. The fines were not grossly disproportionate to the violations, as the analy
• Dirty Duck 16004, LLC v. Town of Redington Beach
  376 So. 3d 774· Fla. 2d DCA· 2023-11-08 ·cited 1×
  Ordinances adopting customary use doctrine for beaches adopted between January 1, 2016, and June 30, 2018, are not void under section 163.035, and municipalities may raise customary use as an affirmative defense in proceedings challenging such ordinances.
• Investor v. Manatee Cnty.
  355 So. 3d 1004· Fla. 2d DCA· 2023-02-03 ·cited 1×
  The appellate court affirmed the trial court's dismissal of a case brought by landowners challenging Manatee County's wetland buffer regulations. The court found that the regulations did not constitute an unlawful exaction or a permanent physical occupation of the landowners' pro
• Lake Lincoln, LLC v. Manatee Cnty.
  355 So. 3d 493· Fla. 2d DCA· 2023-01-13 ·cited 1×
  The appellate court reversed a lower court's decision that the entire 1,124-acre development of regional impact (DRI) was the "relevant parcel" for a takings claim. The court held that the 10.32-acre parcel owned by Lake Lincoln was the correct relevant parcel, allowing the takin
• Jamieson v. THE Town of Fort Myers Beach
  292 So. 3d 880· Fla. 2d DCA· 2022-12-02 ·cited 1×
  The Second District Court of Appeal reversed a summary judgment for the Town of Fort Myers Beach, finding that the trial court misinterpreted a prior ruling and that the enforceability of a settlement offer, and thus the takings claim, remained unsettled. The court also remanded
• Bondar v. Town of Jupiter Inlet Colony
  321 So. 3d 774· Fla. 4th DCA· 2021-05-05 ·cited 1×
  A notice of lack of prosecution under Florida Rule of Civil Procedure 1.420(e) is not a ministerial act because it involves discretionary decisions regarding who serves the notice and when to serve it; therefore, such a notice entered by a recused judge is void and cannot support
• Murphy Auto Grp., Inc. v. State of Fla. Dep't of Transp.
  310 So. 3d 1066· Fla. 2d DCA· 2020-11-20 ·cited 1×
  The appellate court reversed a summary judgment for the Department of Transportation (FDOT) in an inverse condemnation case. The court held that the unconstitutional conditions doctrine, requiring "rough proportionality" between government exactions and development impacts, appli
• Harbiya K. Abu-Khadier v. THE City of Fort Myers
  312 So. 3d 975· Fla. 2d DCA· 2020-10-30 ·cited 1×
  The appellate court affirmed a summary judgment for the City of Fort Myers, holding that the closure of a grocery store due to pervasive drug activity on the property did not constitute a compensable taking. The court found the illegal drug activity was inextricably intertwined w
• Okefenoke Rural Elec. Membership Corp. v. Dayspring Health, LLC
  300 So. 3d 371· Fla. 1st DCA· 2020-07-15 ·cited 1×
  The appellate court reversed a trial court's decision, finding that an electric company had established a prescriptive easement over private property. The court determined that the company's mistaken placement of utility poles on private land, unknown to the landowners for decade
• NED C. Bowers v. Orange Cnty.
  278 So. 3d 948· Fla. 6th DCA· 2020-01-27 ·cited 1×
  The appellate court dismissed an appeal because the lower court's orders did not constitute a final judgment disposing of all claims. The court held that a notice of settlement, without a filed stipulation of dismissal, was insufficient to resolve the remaining claims, thus preve