Inverse Condemnation

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

• Gully v. Sw. Bell Tel. Co.
  774 F.2d 1287· 5th Cir.· 1985-10-24
  The court held that the date of taking for eminent domain purposes is when the condemnor lawfully possesses the property, not when they first occupied it without proper compensation or security. It also held that contract damages for reliance on a breached agreement are distinct
• Ephraim A. Adamowicz v. Town OF Ipswich
  772 F.2d 5· 1st Cir.· 1985-09-12
  The court held that the 'recording' in G.L. c. 40A, § 6 refers to the most recent instrument of record prior to a zoning change, not necessarily a plan, and that separate ownership at that time is determinative for lot exemptions.
• Willard v. The City OF Beaumont
  761 F.2d 1100· 5th Cir.· 1985-06-03
  Filing a public claim of ownership adverse to the record owner does not constitute a "taking" of property under the Fifth and Fourteenth Amendments, even if it diminishes market value.
• Coastland Corp. & Ocean Sands, Inc. v. Cnty. OF Currituck
  734 F.2d 175· 4th Cir.· 1984-05-11
  The court held that Coastland did not possess a property right in liquidated damages from a contract between the County and a third-party contractor, thus failing to establish a due process claim. It also held that the County's requirement for Coastland to dedicate a road as a pu
• Direct Mail Servs., Inc. v. Best
  729 F.2d 672· 10th Cir.· 1984-03-08
  A lessee cannot maintain an action against the State for apportionment of just compensation after payment to the lessor, as the State is only obligated to pay the fair market value of the property as an undivided fee.
• Land Assocs. v. Metro. Airport Auth. & the Metro. Gov't of Nashville & Davidson Cnty.
  712 F.2d 248· 6th Cir.· 1983-07-25
  The court held that the plaintiffs had multiple opportunities to litigate their federal constitutional claims in state court and failed to do so, barring their current federal suit.
• City OF Jacksonville v. Young
  433 So. 2d 14· Fla. 1st DCA· 1983-06-01
  The court held that the City waived its procedural argument regarding inverse condemnation by failing to raise it before post-trial motions.
• Cnty. OF Volusia v. W.R. Pickens
  435 So. 2d 247· Fla. 5th DCA· 1983-04-27
  The Fifth District Court of Appeal affirmed an award of attorney's fees and court costs in an inverse condemnation case, holding that a successful plaintiff is entitled to recover such fees from the defendant governmental authority regardless of whether the taking was direct or i
• Windward P'rs v. Ariyoshi
  693 F.2d 928· 9th Cir.· 1982-12-01
  The court held that the Eleventh Amendment bars federal jurisdiction over claims against state defendants, and without independent federal jurisdiction, the court cannot consider the remaining claims against private parties.
• City OF Clearwater v. Earle
  418 So. 2d 344· Fla. 2d DCA· 1982-08-04
  The City of Clearwater appeals a summary judgment ordering it to initiate eminent domain proceedings after the Earles discovered a drainage pipe running across their property outside the recorded easement. The court holds that no inverse condemnation occurred because there was ne
• Alizieri v. Manatee Cnty.
  396 So. 2d 240· Fla. 2d DCA· 1981-04-03
  The Alizieris purchased property subject to utility easements but alleged that Manatee County constructed permanent utility buildings outside those easements without authorization or compensation. The court reversed the dismissal, holding that the complaint states a valid cause o
• Bistline v. The United States
  640 F.2d 1270· Ct. Cl.· 1981-01-28
  The court held that plaintiffs were not entitled to compensation for inverse condemnation because the government's dam project did not increase the elevation, frequency, or duration of flooding, and the plaintiffs' predecessors in title had granted a broad flowage easement releas
• Division OF Administration v. Dade Cnty.
  388 So. 2d 326· Fla. 3d DCA· 1980-09-23
  Florida's Department of Transportation sought to acquire Dade County land through statutory quick-taking without providing the required good faith estimate of value based on a valid appraisal. The court affirmed the trial court's rejection of this procedure, holding that the quic
• Mel Mendelson v. City OF Miami Beach
  386 So. 2d 1276· Fla. 3d DCA· 1980-08-05
• Gloria A. Bros. & Edgar C. Newall v. The United States
  594 F.2d 740· 9th Cir.· 1979-02-08
  The court held that plaintiffs failed to establish a possessory interest in the cabins and that the posting of signs on the cabins did not constitute a taking of the mining claim.
• Smith v. City OF Clearwater
  47 Fla. Supp. 43· Pinellas Cty. Cir. Ct.· 1978-03-01
  Property owners of Cooper's Point peninsula sought to develop the land according to their comprehensive development plan, but the City of Clearwater rezoned the property and imposed wetlands restrictions, prompting claims of estoppel, inverse condemnation, constitutional violatio
• Pete v. The United States
  569 F.2d 565· Ct. Cl.· 1978-01-25
  The court held that 42 U.S.C. § 4654(c) authorizes the payment of litigation expenses by the United States in an inverse condemnation action involving personal property.
• Kirkpatrick v. City OF Jacksonville
  352 So. 2d 545· Fla. 1st DCA· 1977-11-23
  The Kirkpatricks appealed a favorable judgment in an inverse condemnation action against Jacksonville, arguing the trial court erred in excluding evidence of their property's tax-assessed value to rebut the City's expert testimony on property valuation. The appellate court affirm
• Yumbo v. Dade Cnty.
  44 Fla. Supp. 83· Dade Cty. Cir. Ct.· 1976-05-13
  Yumbo, S.A. sought a writ of certiorari to overturn Dade County's denial of its rezoning application for a 400-acre tract. The court held that the county's denial was arbitrary and unsupported by substantial competent evidence, and that the county improperly considered factors su
• Moviematic Indus. Corp. v. Dade Cnty.
  44 Fla. Supp. 30· Dade Cty. Cir. Ct.· 1976-03-29
  MovieMatic Industries challenged Dade County's rezoning of its 1,200-acre property from industrial to interim use (GU) zoning pursuant to an environmental moratorium protecting the Biscayne Aquifer. The court upheld the rezoning as a valid exercise of police power, holding that e
• Fla. E. Coast Ry. Co. v. Holiday Inns, Inc.
  323 So. 2d 664· Fla. 3d DCA· 1975-11-25
  The court held that the lease remained in full force and effect because the lessee exercised good faith and due diligence, and the lessor waived its right to cancel by accepting lease payments and its actions obstructed the lessee.
• Wald Corp. v. Dade Cnty.
  43 Fla. Supp. 95· Dade Cty. Cir. Ct.· 1975-09-12
  Wald Corporation challenged a Dade County code provision requiring developers to dedicate land for drainage facilities as a condition of subdivision plat approval, arguing it constituted a taking of private property without compensation. The court upheld the dedication requiremen
• Division OF Administration v. Baird Baredian, Jr.
  287 So. 2d 398· Fla. 2d DCA· 1973-12-14
  The Florida Department of Transportation built a limited-access highway north of Baredian's bar property, eliminating convenient access to his property. The trial court granted his inverse condemnation claim based on statutory authority, but the appellate court reversed, holding
• Bay Crest Util. Co. v. Hillsborough Cnty. Comm'n
  38 Fla. Supp. 61· Hillsborough Cty. Cir. Ct.· 1973-01-16
  Bay Crest Utility Co. successfully challenged the Hillsborough County Commission's revocation of its sewage treatment franchise on grounds that the Commission lacked statutory authority to enforce pollution laws and acted arbitrarily and capriciously. The court issued a writ of c
• Trs. of Internal Improvement Fund v. Madeira Beach Nominee, Inc.
  36 Fla. Supp. 26· Pinellas Cty. Cir. Ct.· 1971-11-03
  The Trustees of the Internal Improvement Fund sought to claim title to land accreted to Madeira Beach Nominee, Inc.'s upland property, arguing the accretion resulted from state-sponsored beach erosion control projects. The circuit court held that riparian owners are entitled to a
• State of Fla. Dep't OF Transp. v. Fla. E. Coast Ry. Co.
  230 So. 2d 726· Fla. 3d DCA· 1970-01-14
  The Florida Department of Transportation appealed a summary judgment establishing that Florida East Coast Railway Company retained ownership of a fifty-foot strip of land that had been used as a public road, holding that Florida Statute 337.31's presumption of public dedication d
• Ray Holley and his wife v. Morris
  206 So. 2d 669· Fla. 1st DCA· 1968-01-23
  Homeowners appealed the dismissal of their suit against the Board of County Commissioners regarding erosion damage caused by a drainage ditch constructed across their property. The court held that while the informal permit granted by the homeowners was insufficient to create an e
• Pitz v. State Rd. Dep't
  32 Fla. Supp. 55· Dade Cty. Cir. Ct.· 1966-11-18
  Property owners Pitz and Goodman sued for inverse condemnation, alleging the State Road Department's activities in acquiring right-of-way for Interstate 95 deprived them of rental income from their properties without just compensation. The court held that the state took a limited
• Benitez v. Hillsborough Cnty. Aviation Auth.
  26 Fla. Supp. 53· Hillsborough Cty. Cir. Ct.· 1966-01-18
  Residential property owners near Tampa International Airport sought inverse condemnation relief, claiming the airport's jet aircraft operations constituted a taking of an avigational easement over their homes through noise, vibration, and interference with use and enjoyment. The
• Robertson v. The United States
  352 F.2d 539· Ct. Cl.· 1965-11-12
  The court held that the plaintiffs' claim for an avigation easement was barred by the statute of limitations because the taking occurred more than six years prior to the filing of the petition, due to regular and frequent F-86 jet flights.
• Jacinto Pereira v. State Rd. Dep't
  178 So. 2d 626· Fla. 1st DCA· 1965-09-23
  Landowners appealed dismissal of a tort complaint against the State Road Department for damages to riparian property allegedly caused by ferry boat operations. The court affirmed dismissal on sovereign immunity grounds, holding that the State Road Department is immune from tort l
• Thompson v. Kimball et ux.
  165 F.2d 677· 8th Cir.· 1948-01-26
  A railroad is not liable to neighboring property owners for ordinary damages attributable to railroad operation, absent proof of negligence, even if the operation causes some degree of inconvenience or damage.
• McClelland v. The Town of Eustis
  88 Fla. 272· Fla.· 1924-10-09
  The Florida Supreme Court reversed a lower court's decision to dissolve a temporary injunction, holding that while a town may have the authority to discontinue a street, it must provide compensation for improvements made by an abutting owner.