Inverse Condemnation

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

• State v. Gayety Theatres, Inc.
  781 So. 2d 1125· Fla. 3d DCA· 2001-02-21
  The court held that a substantial impairment of access, which requires northbound traffic to travel an additional half-mile, does not constitute a compensable taking in inverse condemnation when other suitable access remains.
• IN & FOR KENT CNTY. IN RE: 244.5 ACRES OF LAND
  Del. Super. Ct.· 2001-01-19
  The Court held that the fifty-foot setback requirement under the Delaware Agricultural Lands Preservation Act applies to the plaintiff's development because it had not satisfied the "permit-plus" standard. Furthermore, the Court found that the setback requirement did not constitu
• Neumont v. Monroe Cnty.
  990 F. Supp. 2d 926· S.D. Fla.· 2000-11-02
  The court affirmed and adopted the magistrate judge's report and recommendation, granting the plaintiffs' motion for class certification.
• Lewis v. Cnty. OF Orange
  772 So. 2d 558· Fla. 5th DCA· 2000-10-13
  The court held that the destruction of personal property during demolition of unsafe structures, absent evidence of wrongful action or a taking, does not constitute inverse condemnation.
• Nutt v. Orange Cnty.
  769 So. 2d 453· Fla. 5th DCA· 2000-10-06
  The court held that a landowner whose property was partially condemned cannot recover severance damages based on speculation about future governmental action that might affect the remaining property. The court distinguished between compensation for known and imminent improvements
• Sayfie v. State
  770 So. 2d 193· Fla. 2d DCA· 2000-09-29
  In this eminent domain case, property owners challenged the denial of their claims for damages resulting from DOT's widening of State Road 84 into Interstate 75. The court reversed summary judgment, finding that the trial court erroneously applied a prior precedent that was factu
• Monroe Nelson Benaim, M.D., P.A. v. PCL Civil Constructors, Inc.
  764 So. 2d 920· Fla. 4th DCA· 2000-08-16
  The court affirmed that appellants suffered no compensable taking of property access where traffic flow was merely redirected away from their business, rather than access itself being substantially diminished.
• State v. Foster F. Burgess
  772 So. 2d 540· Fla. 1st DCA· 2000-07-06
  The Florida Department of Environmental Protection appeals from a trial court judgment finding that its denial of a dredge-and-fill permit constituted an unconstitutional taking of the appellee's 160-acre wetlands property. The court reverses, holding that the permit denial did n
• Judge Ray Gatlin and Gerra Gatlin v. State
  763 So. 2d 1232· Fla. 1st DCA· 2000-06-06
• 126TH Ave. Landfill, Inc. v. Pinellas Cnty.
  758 So. 2d 721· Fla. 2d DCA· 2000-04-19
• Burnham v. Monroe Cnty.
  738 So. 2d 471· Fla. 3d DCA· 1999-07-28
  Property owners in Monroe County challenged a growth management ordinance (ROGO) that awards building permits based on points for sustainable design features, claiming inverse condemnation. The court affirmed that no taking occurred because the owners retained beneficial use of t
• Hanna v. Env't Prot. Comm'n
  735 So. 2d 544· Fla. 2d DCA· 1999-05-26
  The court held that the plaintiff's inverse condemnation claim was not ripe for judicial resolution because the letter from the Environmental Protection Commission was not a development order and administrative remedies had not been exhausted.
• City OF ST. Petersburg v. Kablinger
  730 So. 2d 409· Fla. 2d DCA· 1999-04-14
  In this inverse condemnation case, the City of St. Petersburg appealed a partial summary judgment finding it liable for a compensable temporary taking when it prohibited rental and business activities on Kablinger's property for one year due to a public nuisance determination. Th
• State v. Michelin
  702 So. 2d 1326· Fla. 4th DCA· 1997-12-10
  Florida DOT's appeal is granted and the case is reversed for new trial because severance damages attributable to the owner's need to comply with handicapped parking regulations are not compensable under eminent domain law.
• Coastal Petroleum v. Honorable Lawton Chiles
  701 So. 2d 619· Fla. 1st DCA· 1997-11-05
  Coastal Petroleum appealed a judgment denying inverse condemnation relief for a 1990 Florida statute prohibiting oil exploration and drilling in coastal waters. The court affirmed, holding that Coastal's royalty interest was too speculative to constitute a protected property righ
• Rod and Carol Mandelstam v. City OF S. Miami
  685 So. 2d 868· Fla. 3d DCA· 1996-10-23
  The court held that delays in obtaining a permit, even if successful in litigation, do not constitute a temporary taking or a violation of due process rights, and that a vice-mayor was entitled to qualified immunity.
• Dep't of Transp. v. Avigdor Landman
  664 So. 2d 1141· Fla. 5th DCA· 1995-12-15
  Florida appellate court reversed inverse condemnation judgment, holding that diminished access to property resulting from road improvements does not constitute a compensable taking when the property owner had no legal right to the access that was limited.
• Coastal Petroleum Co. v. Lawton Chiles
  656 So. 2d 284· Fla. 1st DCA· 1995-06-23
  Coastal Petroleum Company appealed a summary judgment dismissing its inverse condemnation claim against Florida regarding oil and gas drilling restrictions. The court reversed, finding genuine issues of material fact precluded summary judgment, holding that Coastal's royalty inte
• Dep't OF Transp. v. Joost P. Zyderveld
  647 So. 2d 308· Fla. 5th DCA· 1994-12-16
  The Florida Department of Transportation (DOT) appealed a summary judgment and inverse condemnation award granted to a property owner, Zyderveld. The appellate court reversed, finding that the trial court erred by preventing DOT from presenting evidence that Zyderveld did not suf
• State v. Heckman
  644 So. 2d 527· Fla. 4th DCA· 1994-10-26
  The Florida Department of Transportation appealed a trial court judgment finding it liable for inverse condemnation based on agency by estoppel. The court reversed, holding that the DOT cannot be held liable for the city's allegedly improper exaction of a property dedication as a
• Port ST. Lucie Shopping Ctr. Assocs. v. Bd. OF Cnty. Comm'rs OF ST. Lucie Cnty. Fla.
  638 So. 2d 202· Fla. 4th DCA· 1994-06-22
• Tari v. Collier Cnty.
  74 F. Supp. 109· M.D. Fla.· 1994-02-28
  The court held that the plaintiffs' inverse condemnation claim was not ripe because they failed to exhaust available state remedies, specifically the statutory inverse condemnation action provided by Florida law.
• Brevard Groves, Inc. v. Fla. Cities Water Co. & Dep't of Env't Reg.
  626 So. 2d 321· Fla. 1st DCA· 1993-11-12
• Blumberg v. Pinellas Cnty.
  836 F. Supp. 839· M.D. Fla.· 1993-11-09
  The court held that a protected property interest existed in the interest generated by utility customer deposits, and that the county's retention of this interest constituted an unconstitutional taking without just compensation.
• Benderson Dev. Co., Inc. v. United States Postal Serv.
  998 F.2d 959· Fed. Cir.· 1993-07-08
  The court held that the district court erred in transferring the case to the Court of Federal Claims because the Postal Service did not present sufficient evidence to establish that it intended to take the property via inverse condemnation rather than breach a contract.
• Christensen v. Yolo Cnty. Bd. OF Supervisors
  995 F.2d 161· 9th Cir.· 1993-06-08
  The court held that the plaintiffs' "as applied" takings claim was unripe because they failed to seek compensation through state procedures, and their facial challenges under the Fifth Amendment, Due Process Clause, Equal Protection Clause, and Commerce Clause lacked merit.
• L.J. Stephens v. City OF Vista
  994 F.2d 650· 9th Cir.· 1993-05-20
  A municipality cannot contract away its police powers, but it can agree to a specific development density while still retaining discretion over design review under a 'Q overlay' zoning designation.
• Mission Oaks Mobile Home Park v. City OF Hollister
  989 F.2d 359· 9th Cir.· 1993-03-30
  The court held that the district court did not abuse its discretion in dismissing the federal suit under the Younger abstention doctrine because the state proceedings were ongoing, implicated important state interests, and provided an adequate opportunity to raise federal questio
• Mansfield Apt. Owners Ass'n v. City OF Mansfield
  988 F.2d 1469· 6th Cir.· 1993-03-12
  The court's majority opinion, which this concurrence agrees with regarding the judgment, applied a rational basis test to a governmental scheme, finding it permissible. The concurring judge believes a reasonableness test is more appropriate for substantive due process claims.
• Elynor Rudnick Falk v. MT. Whitney Sav. & Loan Ass'n
  983 F.2d 156· 9th Cir.· 1993-01-08
  The court held that the D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e) did not preclude the seller from asserting a claim to a 1.65-acre parcel based on a mistaken conveyance, as the agreement to reconvey was not secret and the FDIC may not have acquired an interest in that parc
• Rocky Mountain Materials & Asphalt, Inc. v. The Bd. OF Cnty. Comm'rs OF EL Paso Cnty.
  972 F.2d 309· 10th Cir.· 1992-08-05
  A procedural due process claim is unripe if it is based on the same deprivation as an unripe takings claim.
• Joynt v. Orange Cnty.
  603 So. 2d 568· Fla. 5th DCA· 1992-07-17
  The court held that the Board and circuit court applied the wrong law by focusing on customer use of residential streets instead of whether the property had legal access to a major street through a nonresidential district.
• Silver v. Franklin Twp.
  966 F.2d 1031· 6th Cir.· 1992-06-04
  The court held that the takings claim was not ripe for review because state remedies were not exhausted, and the substantive due process and equal protection claims failed for lack of a protected property interest and evidence of disparate treatment, respectively.
• Vatalaro v. Dep't of Env't Reg.
  601 So. 2d 1223· Fla. 5th DCA· 1992-05-29
  Billie Vatalaro purchased 11 acres of property intending to build two homes, but the Department of Environmental Regulation denied her dredge and fill permit because the property was in a wetland, leaving her with no economically viable uses. The court reversed summary judgment f
• W.O. and Eliza Narramore v. The United States
  960 F.2d 1048· Fed. Cir.· 1992-04-07
  The court held that the district court lacked jurisdiction to reopen condemnation proceedings for claims exceeding the scope of the original taking, and that the proper forum for such claims is the U.S. Claims Court under the Tucker Act.
• United States v. Land
  953 F.2d 886· 5th Cir.· 1992-01-30
  The court held that the potential use of the property for shell mining was too speculative to contribute to its fair market value due to significant regulatory hurdles and the need for permits on public land. The court also affirmed the rejection of the campsite proposal and the
• Alaska Airlines, Inc. v. City OF Long Beach
  951 F.2d 977· 9th Cir.· 1991-10-24
• Hill v. Monroe Cnty.
  581 So. 2d 225· Fla. 3d DCA· 1991-06-11
  Property owners in the Florida Keys appealed the trial court's dismissal of their inverse condemnation and constitutional rights suit against Monroe County and state agencies. The appellate court reversed, finding the trial court erred in requiring exhaustion of administrative re
• Jacksonville Transp. Auth. v. ASC Assocs.
  559 So. 2d 330· Fla. 1st DCA· 1990-04-03
  Jacksonville Transportation Authority appeals a condemnation judgment awarding the landowner over $2.4 million for property taken for the Automated Skyway Express System. The court reverses and remands for a new trial because the landowner's attorney improperly presented testimon
• City OF Sunrise v. Hy Steinberg
  563 So. 2d 704· Fla. 4th DCA· 1990-03-21
  The City of Sunrise appeals an order allowing property owner Steinberg to withdraw a statutory deposit from court registry in a condemnation proceeding. The court affirms, holding that the City failed to sufficiently demonstrate entitlement to a portion of the deposit based on a
• Palacios Seafood, Inc. v. Piling, Inc.
  888 F.2d 1509· 5th Cir.· 1989-12-01
  The court held that a state constitutional claim for damages incident to a government project is not available when the government acts in its capacity as a lessor and the damage results from repairs, especially when the property owner lobbied for the project and declined an offe
• Heredia v. Dep't of Hwy. Safety & Motor Vehicles
  547 So. 2d 1007· Fla. 3d DCA· 1989-08-15
  Heredia appeals the denial of attorney's fees after successfully obtaining injunctive relief against the Department of Highway Safety and Motor Vehicles under 42 U.S.C. § 1983. The court affirmed the denial based on Heredia's failure to comply with Florida Statute § 284.30, which
• Auerbach v. Dep't OF Transp. OF the State OF Fla.
  545 So. 2d 514· Fla. 3d DCA· 1989-07-05
  Florida appellate court affirmed dismissal of inverse condemnation claim, holding that administrative planning preparatory to potential eminent domain proceedings does not constitute a compensable taking.
• Storek & Storek, Inc. v. Port OF Oakland
  869 F.2d 1322· 9th Cir.· 1989-03-13
  An "approval in principle" for a development project does not constitute a constitutionally protected property interest, and conspiracy claims based on alleged contractual duties are tort claims subject to a statute of limitations.
• O'Connor Dev. Corp. v. State
  533 So. 2d 800· Fla. 1st DCA· 1988-09-29
  O'Connor Development Corporation appeals a dismissal of its claim that the Department of Transportation's actions, which prohibited building permits for a restaurant due to anticipated road widening, constituted a taking of its property.
• Meridian Land & Mineral Co. v. Hodel
  843 F.2d 340· 9th Cir.· 1988-03-25
  The court held that the Custer Proviso in the Surface Mining Control and Reclamation Act of 1977 only negates a specific exception to the ban on surface coal mining, not all surface mining in Custer National Forest.
• Jos. D. Farish, Jr. v. S. Fla. Water Mgmt. Dist.
  515 So. 2d 369· Fla. 4th DCA· 1987-11-12
  A cattle rancher whose property was damaged by flooding resulting from the South Florida Water Management District's Kissimmee River restoration project sought compensation for alleged taking without just compensation. The trial court dismissed the complaint for failure to state
• Etalook v. Exxon Pipeline Co.
  831 F.2d 1440· 9th Cir.· 1987-11-05
  The court held that Alyeska Pipeline Service Company properly condemned rights of way across the allotment through formal condemnation proceedings, and that the district court correctly determined damages and ownership of improvements, affirming the grant of summary judgment.
• Hellenic Ctr., Inc. v. Wash. Metro. Area Transit Auth.
  815 F.2d 982· 4th Cir.· 1987-04-07
  A property owner cannot recover legal and appraisal fees under the Uniform Relocation Assistance and Real Property Acquisition Policies Act when the government agency never instituted formal condemnation proceedings, even if negotiations were abandoned.
• Boothe v. Manatee Cnty.
  812 F.2d 1372· 11th Cir.· 1987-03-23
  The court held that the road was dedicated to the public under Fla.Stat. § 95.361, and thus the plaintiff's claims of taking without just compensation or due process were without merit.