Inverse Condemnation

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

• Playpen S., Inc. v. City OF Oakland Park
  396 So. 2d 830· Fla. 4th DCA· 1981-04-08 ·cited 40×
  Playpen South, Inc. appealed the denial of a temporary injunction against a City of Oakland Park ordinance reducing the closing time for nightclubs from 4:00 a.m. to 2:00 a.m. The court affirmed the denial, holding that the appellant failed to satisfy the four prerequisites for t
• Venezia A., Inc. v. Reubin O'Donovan Askew
  314 So. 2d 254· Fla. 1st DCA· 1975-04-24 ·cited 40×
  The court held that the dismissal of one count of a multi-count complaint is not reviewable by direct appeal, interlocutory appeal, or writ of certiorari when the counts arise from the same factual circumstances.
• Pancho Barnes v. United States
  241 F.2d 252· 9th Cir.· 1956-11-23 ·cited 40×
  The court held that the trial judge properly denied the motion to disqualify and struck the affidavit of bias, and that the complaint failed to state a claim upon which relief could be granted.
• Fla. S. Ry. Co. v. Brown
  23 Fla. 104· Fla.· 1887-01-01 ·cited 40×
  The Florida Supreme Court held that a property owner who owns the fee to the center of a public street has a right to compensation when a railroad lays track on his portion of the street without consent or condemnation proceedings. The court reversed the lower court's sustaining
• Gallagher v. Dupont
  918 So. 2d 342· Fla. 5th DCA· 2005-12-09 ·cited 39×
  Dupont sought to enforce a federal civil rights judgment against the Risk Management Trust Fund through mandamus and garnishment after the Fund refused to defend its insured employee's estate in the underlying suit. The court reversed summary judgment for the Fund, holding that a
• Fla. Dep't of Agric. & Consumer Servs. v. City OF Pompano Beach
  829 So. 2d 928· Fla. 4th DCA· 2002-09-25 ·cited 39×
  The Florida Department of Agriculture challenged a trial court's certification of a class action by citrus tree owners seeking damages for trees destroyed under a citrus canker eradication program. The Fourth District affirmed the class certification but reversed the inclusion of
• Dep't OF Transp. v. Weisenfeld
  617 So. 2d 1071· Fla. 5th DCA· 1993-03-26 ·cited 39×
  Summary judgment on liability for a temporary regulatory taking cannot be granted without evidence that a regulatory action deprived the owner of all or substantial economic use of the affected property. A regulation that goes too far may constitute a taking, but only if the owne
• Belvedere Dev. Corp. v. Dep't of Transp.
  476 So. 2d 649· Fla.· 1985-07-11 ·cited 39×
  The Florida Supreme Court held that riparian rights are property rights that cannot be severed from riparian lands by condemnation without compensation or the property owner's consent. While riparian rights may be separated from upland through bilateral agreement in voluntary tra
• Thomas W. Garland, Inc. v. The City OF ST. Louis & Manley Inv. Co.
  596 F.2d 784· 8th Cir.· 1979-02-28 ·cited 39×
  The court held that physical invasion or appropriation is not essential to a claim of de facto condemnation, and that governmental action substantially interfering with property rights can constitute a taking.
• Lenoir v. Porters Creek Watershed Dist.
  586 F.2d 1081· 6th Cir.· 1978-10-03 ·cited 38×
  The court held that the United States is immune from flood damage claims under 33 U.S.C. § 702c, that contract and constitutional claims against the US exceeding $10,000 belong in the Court of Claims, and that Tennessee and Mississippi watershed/drainage districts are immune from
• G-K Props. & Genesco, Inc. v. Redev. Agency OF the City OF SAN Jose & the City of San Jose
  577 F.2d 645· 9th Cir.· 1978-06-30 ·cited 38×
  The court held that dismissal with prejudice was a proper sanction for willful failure to comply with discovery orders, and that the objection raised by one appellant was not preserved for appeal.
• Tektronix, Inc. v. The United States
  552 F.2d 343· Ct. Cl.· 1977-03-23 ·cited 38×
  The court's exercise of its power to fix past period interest rates for future cases is historically grounded and appropriate.
• W. S. Ranch Co. v. Kaiser Steel Corp.
  388 F.2d 257· 10th Cir.· 1967-10-12 ·cited 38×
  The court should have abstained pending a determination by the New Mexico state courts on the issue of whether private condemnation is permissible for the transportation of water for mining purposes. The federal court's decision on this matter of fundamental state public policy,
• United States v. Harrell
  133 F.2d 504· 8th Cir.· 1943-02-03 ·cited 38×
  The court held that even if the government's actions might have destroyed the value of oil and gas leases, the interveners failed to present sufficient evidence to prove the leases' value or the extent of damage, thus the judgment for interveners could not stand.
• Fla. Dep't OF Agric. & Consumer Servs. & Bob Crawford v. City OF Pompano Beach
  792 So. 2d 539· Fla. 4th DCA· 2001-07-11 ·cited 37×
  The Florida Department of Agriculture appeals a circuit court injunction preventing destruction of healthy citrus trees within 1900 feet of infected trees under the state's citrus canker eradication program. The appellate court reverses, holding that property owners must exhaust
• Dep't OF Transp. v. Burnette
  384 So. 2d 916· Fla. 1st DCA· 1980-06-11 ·cited 37×
  The Department of Transportation appeals from an injunction requiring it to either condemn Burnette's 100-acre property or cease diverting water onto it. The court affirms the injunction against continued water diversion but reverses the finding of a constitutional taking, holdin
• Rancho Palos Verdes Corp. v. City OF Laguna Beach
  547 F.2d 1092· 9th Cir.· 1976-12-28 ·cited 37×
  The court held that the district court did not err in abstaining from exercising federal jurisdiction while retaining jurisdiction over federal claims pending resolution of state law issues in state court.
• Dep't OF Transp. v. L.I. Gefen
  636 So. 2d 1345· Fla.· 1994-05-26 ·cited 36×
  The court held that the closure of an interstate ramp substantially diminished access to the subject property, constituting a compensable taking, even though the property did not directly abut the interstate.
• Corn v. City OF Lauderdale Lakes
  904 F.2d 585· 11th Cir.· 1990-06-27 ·cited 36×
  The court held that the plaintiff's section 1983 claim for a temporary taking was not barred by res judicata or the statute of limitations.
• Myers v. United States & McLaughlin, Inc.
  323 F.2d 580· 9th Cir.· 1963-10-16 ·cited 36×
  The District Court lacked jurisdiction over claims against the United States exceeding $10,000, which fall under the Court of Claims' exclusive jurisdiction as inverse condemnation claims. Judgments against McLaughlin, Inc. were affirmed due to appellant's acquiescence.
• Dep't of Agric. & Consumer Servs. v. Mid-Florida Growers, Inc.
  570 So. 2d 892· Fla.· 1990-09-27 ·cited 35×
  The Florida Supreme Court addressed valuation methods for destroyed citrus nursery stock in an inverse condemnation case, holding that immature stock may be valued using prospective net revenue at the earliest marketable stage, while rejecting compensation for lost production as
• Hoehne v. Cnty. OF SAN Benito
  870 F.2d 529· 9th Cir.· 1989-03-15 ·cited 35×
  The court held that the landowners' federal claims were ripe because the county's actions, including legislative rezoning and denial of subdivision applications, demonstrated a final decision and futility in pursuing further administrative remedies.
• Agripost, Inc. v. Miami-Dade Cnty.
  195 F.3d 1225· 11th Cir.· 1999-11-15 ·cited 34×
  Agripost sought federal relief for a Fifth Amendment taking claim after Miami-Dade County revoked its unusual use zoning permit for a waste disposal facility, alleging the revocation rendered its property worthless without just compensation. The Eleventh Circuit affirmed the dist
• S. Pac. Transp. Co. v. City OF LOS Angeles
  922 F.2d 498· 9th Cir.· 1990-12-04 ·cited 34×
  The court held that the ripeness doctrine requires dismissal of unripe takings, due process, and equal protection claims, and that the Eleventh Amendment bars suits against state agencies named directly.
• Bieneman v. City OF Chicago
  864 F.2d 463· 7th Cir.· 1988-12-13 ·cited 34×
  The court held that the district court did not abuse its discretion in denying class certification and that the plaintiff's claims were time-barred. The court also overruled prior precedent on federal preemption of state tort claims related to airport noise.
• Derwin B. Smith, II v. City OF Clearwater
  383 So. 2d 681· Fla. 2d DCA· 1980-04-16 ·cited 34×
  Property owners challenged the City of Clearwater's rezoning of their Cooper's Point peninsula property from general business district to residential and aquatic lands classifications, arguing the amendments were arbitrary, confiscatory, and should be estopped due to the city's p
• Santa FE Land Improvement Co. v. City OF Chula Vista
  596 F.2d 838· 9th Cir.· 1979-03-28 ·cited 34×
  The court held that while abstention under Pullman was appropriate, dismissal of the action was not, and the district court should retain jurisdiction pending state court resolution.
• Southpark Square Ltd. v. City OF Jackson
  565 F.2d 338· 5th Cir.· 1977-12-27 ·cited 34×
  The district court lacked subject matter jurisdiction because the plaintiff's claim that the denial of a building permit constituted a taking was insubstantial and frivolous.
• Dade Cnty. v. Yumbo
  348 So. 2d 392· Fla. 3d DCA· 1977-07-26 ·cited 34×
  Dade County appealed a circuit court order granting a writ of certiorari that reversed the County Commission's denial of a rezoning application. The appellate court held that the trial court erred by applying the substantial competent evidence rule instead of the fairly debatable
• Sarasota Welf. Home, Inc. v. City OF Sarasota
  666 So. 2d 171· Fla. 2d DCA· 1995-11-29 ·cited 33×
  The court held that the four-year statute of limitations for inverse condemnation actions begins to run when the property owner discovers the encroachment, not when the encroachment initially occurred. The court also held that the denial of a motion to amend the complaint should
• A.A. Profiles, Inc. v. City OF FT. Lauderdale
  850 F.2d 1483· 11th Cir.· 1988-08-01 ·cited 33×
  The court held that the City's rezoning ordinance constituted a regulatory taking of the plaintiff's property without just compensation, and the case was ripe for adjudication because state remedies were inadequate.
• Dep't of Transp. v. Jirik
  498 So. 2d 1253· Fla.· 1986-12-11 ·cited 33×
  The Florida Supreme Court held that vacant urban property platted into separate lots is presumptively treated as separate units for inverse condemnation purposes, rather than as a single tract. The court resolved a conflict between district courts regarding whether contiguous pla
• Dade Cnty. v. Nat'l Bulk Carriers, Inc.
  450 So. 2d 213· Fla.· 1984-03-22 ·cited 33×
  The Florida Supreme Court held that when a zoning ordinance is confiscatory and constitutes an uncompensated taking of property, the appropriate remedy is to strike the ordinance as invalid and unenforceable, not to pursue a separate inverse condemnation action. The Court also he
• Pamel Corp. v. The Puerto RICO Hwy. Auth.
  621 F.2d 33· 1st Cir.· 1980-05-22 ·cited 33×
  The court held that a complaint seeking damages for inverse condemnation due to zoning reclassification fails to state a claim, as the proper remedy is to void the restriction, not award damages.
• The Vill. OF Tequesta v. Jupiter Inlet Corp.
  371 So. 2d 663· Fla.· 1979-05-03 ·cited 33×
  The Florida Supreme Court held that a municipality cannot be held liable through inverse condemnation for depletion of groundwater from a shallow aquifer, because landowners have no constitutionally protected property right in the corpus of water beneath their land—only a limited
• Austin v. City & Cnty. OF Honolulu
  840 F.2d 678· 9th Cir.· 1988-02-24 ·cited 32×
  A property owner's inverse condemnation claim is not ripe for federal court review until they have pursued and been denied compensation through available state remedies, even if state law is uncertain.
• Shamrock Dev. Co. v. City OF Concord
  656 F.2d 1380· 9th Cir.· 1981-09-25 ·cited 32×
  The court held that Shamrock's reliance on the City's alleged misstatements of authority did not create an estoppel, and the contract barred recovery for inverse condemnation beyond the agreed-upon compensation for Parcel D.
• City of Ocala v. Anderson
  58 Fla. 415· Fla.· 1909-06-01 ·cited 32×
  The City of Ocala appealed a decree enjoining it from constructing a public street on Anderson's land without compensation or condemnation proceedings. The Florida Supreme Court affirmed the injunction, holding that the city's unconstitutional taking of private property without d
• United States v. Martin
  267 F.2d 764· 10th Cir.· 1959-05-27 ·cited 31×
  The court held that the United States, by initiating a suit concerning water rights under Senate Document 80, consented to adjudication of counterclaims related to its actions, and that the impairment of vested water rights constitutes a taking requiring just compensation under t
• City of Miami v. Romer
  58 So. 2d 849· Fla.· 1952-06-04 ·cited 31×
  This case concerns whether a city ordinance establishing a building setback line constitutes a "taking" of private property requiring compensation. The court held that such ordinances, when enacted under the police power for public welfare, do not require compensation, unless the
• Coast Indian Community v. The United States
  550 F.2d 639· Ct. Cl.· 1977-02-23 ·cited 30×
  The court held that the plaintiffs, as beneficial owners of the Ranchería, possess a compensable interest in the land, and the BIA's sale of the right-of-way for inadequate consideration constituted a breach of fiduciary duty, not a Fifth Amendment taking.
• Benenson v. The United States
  548 F.2d 939· Ct. Cl.· 1977-01-26 ·cited 30×
  The court held that the government's actions so restricted and interfered with the plaintiffs' use of their property as to constitute a complete taking of their fee interest, entitling them to just compensation.
• Corbett v. E. AIR Lines, Inc.
  166 So. 2d 196· Fla. 1st DCA· 1964-06-09 ·cited 30×
  Owners of a restaurant adjacent to a municipal airport sued four airlines for nuisance and trespass caused by jet aircraft operations. The court affirmed dismissal of the complaint, holding that the airlines' operations, conducted pursuant to governmental regulations, did not con
• Sederquist v. City OF Tiburon
  590 F.2d 278· 9th Cir.· 1978-09-28 ·cited 29×
  The court held that the district court did not abuse its discretion in abstaining from exercising jurisdiction over the inverse condemnation action.
• Pinellas Cnty. v. Austin
  323 So. 2d 6· Fla. 2d DCA· 1975-12-05 ·cited 29×
  The court held that a county's vacation of streets providing access to the Austins' property constituted an inverse condemnation taking entitling them to compensation, even though they retained one alternative access route. The decision establishes that property owners suffering
• State Rd. Dep't of Fla. v. Lewis
  190 So. 2d 598· Fla. 1st DCA· 1966-09-06 ·cited 29×
  The State Road Department appealed a judgment in an inverse condemnation suit brought by the Lewises for damages caused by the state's construction of a viaduct on their garage property. The appellate court affirmed the judgment, rejecting the Department's challenges to the proce
• Tampa-Hillsborough Cnty. Expressway Auth. v. A.G.W.S. Corp.
  608 So. 2d 52· Fla. 2d DCA· 1992-09-23 ·cited 28×
  The dissenting opinion argues that a landowner is not entitled to just compensation for a temporary taking caused by a map of reservation unless the landowner proves a substantial deprivation of economically beneficial use of the land. The dissent contends that the Florida Suprem
• Landmark Land Co. OF Okla., Inc. v. R.E. "Buck" Buchanan
  874 F.2d 717· 10th Cir.· 1989-05-03 ·cited 28×
  The court held that the takings, substantive due process, and equal protection claims were not ripe for review because the city had not reached a final decision regarding the property's development, and that procedural due process requirements were satisfied by the available hear
• Schick v. Fla. Dep't OF Agric.
  504 So. 2d 1318· Fla. 1st DCA· 1987-03-18 ·cited 28×
  Appellants challenged the dismissal of their complaint alleging that the Florida Department of Agriculture's nematode eradication program contaminated their underground water with ethylene dibromide (EDB). The court held that appellants stated viable claims for inverse condemnati
• United States v. Bedford Assocs.
  618 F.2d 904· 2d Cir.· 1980-02-05 ·cited 28×
  The court held that it had jurisdiction to hear the government's appeal from the preliminary injunction's condition requiring payment of utilities, and that the district court had jurisdiction to impose such a condition, but the injunction must be modified.