Inverse Condemnation

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

• State Rd. Dep't of Fla. v. Lewis
  170 So. 2d 817· Fla.· 1964-06-26 ·cited 28×
  The Florida Supreme Court addressed an inverse condemnation action arising from the State Road Department's 1952 widening of State Road 30 and 1956-58 construction of a vehicular overpass adjacent to the Respondents' property. The court held that the 1952 widening was protected b
• ST. Johns River Water Mgmt. Dist. v. Coy A. Koontz
  77 So. 3d 1220· Fla.· 2011-11-03 ·cited 27×
  The Florida Supreme Court held that the Nollan/Dolan exactions test applies only to land-use permit conditions requiring dedication of real property to public use when a permit is actually issued. The court reversed the Fifth District's expansion of exactions doctrine to non-land
• The Deltona Corp. v. The United States
  657 F.2d 1184· Ct. Cl.· 1981-08-19 ·cited 27×
  The court held that the federal government's denial of dredge and fill permits, while frustrating plaintiff's development expectations, did not constitute a Fifth Amendment taking because it did not deprive the plaintiff of all economically viable use of its land and the regulati
• The Marianna & Blountstown R.R. Co. v. Maund
  62 Fla. 538· Fla.· 1911-06-01 ·cited 27×
  The Florida Supreme Court reversed a decree awarding damages for a railroad's unauthorized use of land, holding that the plaintiff lacked a valid cause of action when the suit was filed because he did not own the land at that time and could not retroactively acquire rights throug
• Taylor v. Vill. OF N. Palm Beach
  659 So. 2d 1167· Fla. 4th DCA· 1995-08-16 ·cited 26×
  A Florida landowner challenged the Village of North Palm Beach's 1989 Comprehensive Land Use Plan as a taking of her property (Little Munyon Island) when it changed the land use designation from limited commercial to conservation/open space. The court affirmed that the plan did n
• City OF Pompano Beach v. Yardarm Rest., Inc.
  641 So. 2d 1377· Fla. 4th DCA· 1994-09-09 ·cited 26×
  Yardarm Restaurant sued the City of Pompano Beach for inverse condemnation, alleging the city's obstructionist permitting practices from 1974 to 1985 constituted an unlawful taking of its property. The trial court found a permanent taking based on the city's improper interference
• Bateson v. Geisse
  857 F.2d 1300· 9th Cir.· 1988-09-20 ·cited 26×
  The City Council's arbitrary withholding of a building permit, after all requirements were met, violated the developer's substantive due process rights and constituted official policy, making the City and council members liable. The court also affirmed the dismissal of procedural
• Pace Res., Inc. v. Shrewsbury Twp.
  808 F.2d 1023· 3d Cir.· 1987-01-12 ·cited 26×
  The court held that Pace's allegations did not state a claim for a taking under the Fifth Amendment or a violation of substantive due process, and that no additional federal relief was available.
• Fountain v. Metro. Atlanta Rapid Transit Auth.
  678 F.2d 1038· 11th Cir.· 1982-06-18 ·cited 26×
  The court held that federal courts have subject matter jurisdiction over claims alleging a taking of property for public use without just compensation, even if the entity lacks eminent domain power, but that abstention is appropriate pending resolution of a parallel state court a
• Elliott v. Hernando Cnty. & Auto-Owners Ins. Co.
  281 So. 2d 395· Fla. 2d DCA· 1973-08-15 ·cited 26×
  The court reversed a dismissal of Elliott's complaint alleging that Hernando County's road construction diverted natural water flow onto their property, causing permanent damage. The court held that the complaint sufficiently stated a cause of action for damages and potentially a
• Turner v. Kings River Conservation Dist.
  360 F.2d 184· 9th Cir.· 1966-03-08 ·cited 26×
  The court held that government officials operating a dam were authorized to interfere with downstream riparian water rights, and the proper remedy for injured parties was a suit for damages in the Court of Claims, not an injunction.
• Fla. State Tpk. Auth. v. Anhoco Corp.
  116 So. 2d 8· Fla.· 1959-06-10 ·cited 26×
  The Florida Supreme Court resolved conflicting interpretations of a "Right-of-Way Deed" between the State Road Department/Dade County and theater operators regarding property access along State Road 826. The Court held that the deed created only an additional easement rather than
• Division of Administration v. Ness Trailer Park, Inc.
  489 So. 2d 1172· Fla. 4th DCA· 1986-05-28 ·cited 25×
  The Florida Department of Transportation appeals an amended final judgment awarding severance and business damages in a condemnation proceeding for airport expansion. The court reverses the award of severance damages but affirms the business damages award, holding that severance
• Kempfer v. ST. Johns River Water Mgmt. Dist.
  475 So. 2d 920· Fla. 5th DCA· 1985-08-08 ·cited 25×
  The Kempfer family appealed a summary judgment dismissing their suit to rescind deeds and easements conveyed to a water management district in 1967, alleging fraudulent inducement. The appellate court reversed in part and remanded, finding that while the fraud allegations were in
• Dep't OF Agric. & Consumer Servs. v. Bogorff
  35 So. 3d 84· Fla. 4th DCA· 2010-05-12 ·cited 24×
  The Florida Department of Agriculture and Consumer Services appealed a judgment awarding over 50,000 citrus tree owners $8 million in just compensation for healthy trees destroyed under its citrus canker eradication program. The court affirmed, holding that the government's destr
• Furey v. City OF Sacramento
  780 F.2d 1448· 9th Cir.· 1986-01-21 ·cited 24×
  A sewer assessment constitutes a voluntary private investment, not a government taking, when initiated by landowners and facilitated by government without substantial inducement, even if subsequent zoning prevents the landowner from benefiting from the improvement.
• Pete v. The United States
  531 F.2d 1018· Ct. Cl.· 1976-03-17 ·cited 24×
  The court held that the government's action banning commercial use of the plaintiffs' barges constituted an inverse condemnation compensable under the Fifth Amendment, and that the barges could not be practically removed intact or disassembled and reassembled.
• Muskegon Theatres, Inc. v. City OF Muskegon
  507 F.2d 199· 6th Cir.· 1974-12-05 ·cited 24×
  The district court had the power to abstain from exercising jurisdiction over the eminent domain claim but should have retained jurisdiction pending state court proceedings.
• State Rd. Dep't OF Fla. v. Darby
  109 So. 2d 591· Fla. 1st DCA· 1959-03-05 ·cited 24×
  The Florida District Court of Appeal affirmed a lower court's order that transferred a case to the law side for condemnation proceedings. The court found that the State Road Department's supervision and failure to act on damage to private property during road construction constit
• McGourin v. The Town of DeFuniak Springs
  51 Fla. 502· Fla.· 1906-01-01 ·cited 24×
  McGourin appeals a decision dissolving his injunction against the Town of DeFuniak Springs and its officers who sought to convert his private property into a public street. The Supreme Court reverses, holding that the town failed to prove the property was dedicated to public use
• State v. Kreider
  658 So. 2d 548· Fla. 4th DCA· 1995-05-31 ·cited 23×
  The court held that the State Department of Transportation's road reconstruction substantially diminished the landowners' access to their property, constituting a compensable taking under the Tessler standard.
• Kenn AIR Corp. v. Gainesville-Alachua Cnty. Reg'l Airport Auth.
  593 So. 2d 1219· Fla. 1st DCA· 1992-02-25 ·cited 23×
  Kenn Air Corp. seeks certiorari review of a trial court order denying its motion to disqualify opposing counsel, Leonard E. Ireland, Jr., who had previously represented Kenn Air's predecessor-in-interest, Charter Leasing Corp., in substantially related litigation against the same
• Grady v. LEE Cnty.
  458 So. 2d 1211· Fla. 2d DCA· 1984-11-16 ·cited 23×
  The court held that a complaint challenging a rezoning, though untimely under a special act and ordinance, could be treated as a timely petition for writ of certiorari, allowing for judicial review.
• Am. Sav. & Loan Ass'n v. Cnty. OF Marin
  653 F.2d 364· 9th Cir.· 1981-04-06 ·cited 23×
  The court held that the case is ripe for adjudication without requiring the landowner to submit a development plan, and that trial on the question of taking should proceed forthwith.
• Harold H. Gordon and the Estate of Louis P. Begin v. City OF Warren
  579 F.2d 386· 6th Cir.· 1978-06-26 ·cited 23×
  A direct cause of action exists against municipalities to recover damages for a taking of private property for public use without just compensation, and the statute of limitations does not begin to run until the controversy over the taking is resolved.
• Pensacola Scrap Processors, Inc. v. State Rd. Dep't of Fla. ef al.
  188 So. 2d 38· Fla. 1st DCA· 1966-06-02 ·cited 23×
  This case addresses whether a tenant at will is entitled to compensation for the taking of a leasehold estate under eminent domain. The court held that a tenant at will is an "owner" under the Florida Constitution and is entitled to compensation for loss of the leasehold, removal
• Fekany v. State Rd. Dep't of Fla.
  115 So. 2d 418· Fla. 2d DCA· 1959-11-04 ·cited 23×
  In an eminent domain proceeding, property owners challenged attorney fee awards as inadequate. The Florida appellate court affirmed the jury verdicts finding that expert testimony on reasonable fees, while persuasive, is not conclusive and must be considered with other factors re
• Lost Tree Vill. Corp. v. City OF Vero Beach & the Town of Indian River Shores
  838 So. 2d 561· Fla. 4th DCA· 2002-11-13 ·cited 22×
  Lost Tree Village Corporation appeals the dismissal of its inverse condemnation claims against the City of Vero Beach and Town of Indian River Shores, alleging the municipalities' combined regulations precluded all economically viable use of its island property. The court held th
• Keshbro, Inc. v. City OF Miami
  801 So. 2d 864· Fla.· 2001-07-12 ·cited 22×
  The Florida Supreme Court resolved a conflict between the Third and Second District Courts of Appeal regarding whether temporary closures of properties ordered by nuisance abatement boards to abate drug and prostitution nuisances constitute compensable takings under the Lucas cat
• In re Forfeiture OF 1976 Kenworth Tractor Trailer Truck
  576 So. 2d 261· Fla.· 1990-11-15 ·cited 22×
  The Florida Supreme Court held that a trial court has jurisdiction to award damages when the state fails to comply with an order returning confiscated property to its owner. The case involved a vehicle forfeiture where the state delayed returning the truck for two years after los
• LEE Cnty. v. Morales
  557 So. 2d 652· Fla. 2d DCA· 1990-02-28 ·cited 22×
  Lee County appeals a trial court judgment invalidating its rezoning decision that changed appellees' commercial property to agricultural/rural residential zoning. The court reverses, holding that the rezoning was fairly debatable based on substantial competent evidence regarding
• East-Bibb Twiggs Neighborhood Ass'n v. MacOn Bibb Planning & Zoning Comm'n & Mullis Tree Serv.
  888 F.2d 1573· 11th Cir.· 1989-11-30 ·cited 22×
  The court held that due process and taking claims were not ripe because the residents failed to exhaust state remedies, and the equal protection claim failed because there was no evidence of discriminatory intent.
• S. DELTA Water Agency v. United States
  767 F.2d 531· 9th Cir.· 1985-07-26 ·cited 22×
  The court held that the Administrative Procedure Act (APA) waives sovereign immunity for suits seeking relief other than money damages, and that 28 U.S.C. § 1331 provides jurisdiction for such claims, even if the McCarran Amendment does not apply.
• Manatee Cnty. v. Estech Gen. Chems. Corp.
  402 So. 2d 75· Fla. 2d DCA· 1981-08-12 ·cited 22×
  Manatee County sought certiorari review of a discovery order compelling a county commissioner to answer deposition questions about her reasons for voting to deny Estech's development application. The court held that in an inverse condemnation action, the motive or factual basis f
• Cnty. OF Volusia v. Atl. Int'l Inv. Corp.
  394 So. 2d 477· Fla. 1st DCA· 1981-02-13 ·cited 22×
  A political subdivision waives its venue privilege for a contract action by failing to raise it in its initial responsive pleadings, but not for a subsequently consolidated inverse condemnation action.
• United States v. 101.88 Acres OF Land
  616 F.2d 762· 5th Cir.· 1980-05-05 ·cited 22×
  An appellate court may review an interlocutory order in a condemnation proceeding if it is collateral, separable, and fundamental to the further conduct of the case, even if it does not dispose of the entire action.
• Reginald C. Kendry et ux. v. Division OF Administration
  366 So. 2d 391· Fla.· 1978-12-07 ·cited 22×
  The Florida Supreme Court addressed whether property owners can recover severance damages when the state violates restrictions in a perpetual easement by partially taking property. The Court held that landowners are entitled to severance damages for harm to the remainder of their
• Kirkpatrick v. City OF Jacksonville
  312 So. 2d 487· Fla. 1st DCA· 1975-05-12 ·cited 22×
  The court reversed the trial court's dismissal of a complaint based on inverse condemnation, holding that property owners may recover compensation when a municipality destroys their property without proper notice or due process, even if the city claims it acted for a public purpo
• Osceola Cnty. v. Best Diversified, Inc.
  936 So. 2d 55· Fla. 5th DCA· 2006-08-11 ·cited 21×
  Osceola County and the Florida Department of Environmental Protection (DEP) appeal a judgment awarding inverse condemnation damages to Peter Huff, the operator of a construction and demolition debris landfill. The court reverses, holding that no compensable taking occurred becaus
• Naegele Outdoor Advertising, Inc. v. City OF Durham
  844 F.2d 172· 4th Cir.· 1988-04-15 ·cited 21×
  The court affirmed the dismissal of the First Amendment claim, finding the ordinance constitutional, but vacated the dismissal of the Fifth Amendment takings claim, remanding for further factual development.
• Boone v. Redev. Agency OF the City OF SAN Jose
  841 F.2d 886· 9th Cir.· 1988-03-01 ·cited 21×
  The court held that the city and agency are immune from antitrust liability under the state action doctrine, and that the developers' civil rights claims fail for lack of a vested property right. Koll's lobbying activities are protected by the Noerr-Pennington doctrine.
• Palm Beach Cnty. v. Cove Club Invs. Ltd.
  734 So. 2d 379· Fla.· 1999-04-08 ·cited 20×
  The Florida Supreme Court held that a covenant running with land requiring monthly recreational fees from mobile home lot owners constitutes a compensable property right when the government condemns the lot through eminent domain. The court distinguished this case from prior prec
• Dep't OF Cmty. Affairs v. Moorman
  664 So. 2d 930· Fla.· 1995-09-28 ·cited 20×
  A land-use ordinance prohibiting fencing in an area of critical state concern to protect an endangered species is valid on its face because it is supported by a rational basis consistent with the state's environmental protection policy and does not violate landowners' constitutio
• Gilbert v. City OF Cambridge
  932 F.2d 51· 1st Cir.· 1991-05-03 ·cited 20×
  The court held that the property owners' facial challenges to the rent control ordinance were not justiciable, and their as-applied claims were either time-barred or not ripe for review.
• D.L. Byrd v. City OF Niceville
  541 So. 2d 696· Fla. 1st DCA· 1989-03-23 ·cited 20×
  Appellants challenged a dismissal order in a cable TV dispute where the City of Niceville sought to establish a municipal cable system competing with Warner Cable's existing franchise. The court affirmed the dismissal of individual appellants for lack of standing but reversed and
• Hammond v. Baldwin
  866 F.2d 172· 6th Cir.· 1989-01-18 ·cited 20×
  The court held that the Offutts' claims of bias and property damage were not ripe for judicial review because they had not exhausted state administrative remedies or obtained a final decision from the state agency.
• Division of Administration v. Frenchman, Inc.
  476 So. 2d 224· Fla. 4th DCA· 1985-08-07 ·cited 20×
  The Florida Fourth District Court of Appeal reversed a jury award of $190,000 in severance damages in a condemnation case involving the state's taking of a strip of land from a golf course, holding that the trial court erred by permitting cost-to-cure testimony without first esta
• de Arroyo v. Barcelo
  765 F.2d 275· 1st Cir.· 1985-06-26 ·cited 20×
  Plaintiffs who achieve a significant benefit through their lawsuit, even without a formal judgment or settlement, can be considered prevailing parties for attorney's fees under 42 U.S.C. § 1988 if the suit acted as a catalyst for the defendants' actions.
• LEE Cnty. v. The Exch. Nat'l Bank OF Tampa
  417 So. 2d 268· Fla. 2d DCA· 1982-05-28 ·cited 20×
  Lee County appealed a condemnation judgment awarding severance damages to a landowner whose 127 acres were taken as part of an airport buffer zone. The court held that severance damages for diminution in value caused by proximity to the airport on other condemned land are not rec
• Fla. Power & Light Co. v. Rader
  306 So. 2d 565· Fla. 4th DCA· 1975-01-24 ·cited 20×
  Florida Power & Light Company (FP&L) appealed a judgment requiring it to commence condemnation proceedings for an easement over property containing its electric transmission lines. The court reversed, holding that FP&L's unrecorded easement was enforceable against the current own