Inverse Condemnation

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

• Mailman Dev. Corp. & GAC Corp. v. City OF Hollywood
  286 So. 2d 614· Fla. 4th DCA· 1973-11-23 ·cited 20×
  Mailman Development Corporation challenged a 1972 zoning ordinance adopted by the City of Hollywood that reduced permitted residential density from 60-80 units per acre to 25 units per acre on property the developer had purchased for a large mixed-use development. The court affir
• Alfonso v. Hillsborough Cnty. Aviation Auth. & Najeeb Halaby
  308 F.2d 724· 5th Cir.· 1962-10-02 ·cited 20×
  The court held that the plaintiffs' allegations of damage did not meet the jurisdictional amount required for federal court, and thus the lower court correctly dismissed the case for lack of subject matter jurisdiction.
• Myron Proser v. Berger
  132 So. 2d 439· Fla. 3d DCA· 1961-08-10 ·cited 20×
  Proser appeals a decree dismissing his claim for 30% of a $70,000 settlement received by Berger from Broward County and the State Road Department for unlawful appropriation of property. The court must interpret whether the settlement constitutes a 'damages' award (entitling Prose
• City of Miami v. Romer
  73 So. 2d 285· Fla.· 1954-06-18 ·cited 20×
  The Florida Supreme Court addresses whether a city setback ordinance constitutes a compensable taking of property when enacted ostensibly for street-widening purposes. The court holds that a setback ordinance is a valid exercise of police power if reasonably related to public hea
• Howard v. Murray
  184 So. 3d 1155· Fla. 1st DCA· 2015-11-09 ·cited 19×
  This case concerns whether development rights in a Development of Regional Impact (DRI) automatically pass with the conveyance of real property. The Florida appellate court held that development rights do not automatically transfer with the sale of land in a DRI unless expressly
• DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs
  908 So. 2d 492· Fla. 5th DCA· 2005-06-10 ·cited 19×
  DiChristopher appealed the dismissal of his request for a temporary injunction to stop Brevard County's mosquito control flooding of his property. The Fifth District affirmed the trial court's denial, holding that DiChristopher had an adequate remedy at law through inverse condem
• Jacobi v. City OF Miami Beach
  678 So. 2d 1365· Fla. 3d DCA· 1996-08-21 ·cited 19×
  Property owners appealed a summary judgment dismissing their inverse condemnation and federal substantive due process claims under 42 U.S.C.A. section 1983 against the City of Miami Beach and Board of Adjustment. The owners sought damages for losses from an erroneous Board decisi
• Lewis v. City OF Atl. Beach
  467 So. 2d 751· Fla. 1st DCA· 1985-04-09 ·cited 19×
  The City of Atlantic Beach adopted an ordinance prohibiting alcoholic beverage establishments within 1,500 feet of other such establishments, but exempted existing conforming uses as of the ordinance's effective date. When the property owner's tenant lost his license in administr
• William C. Haas & Co., Inc. v. City & Cnty. OF SAN Francisco
  605 F.2d 1117· 9th Cir.· 1979-10-04 ·cited 19×
  The court held that substantial diminution in property value due to land use restrictions, even if disproportionate, does not constitute a constitutional taking if the restrictions are reasonably related to the promotion of public welfare.
• Barnes v. The United States
  538 F.2d 865· Ct. Cl.· 1976-07-09 ·cited 19×
  The court held that the government's operation of dams caused inevitable, recurring flooding above ordinary high-water marks, constituting a taking of a flowage easement and crop interests, and that the date of taking was November 30, 1973.
• The City OF Jacksonville v. Wynn
  650 So. 2d 182· Fla. 1st DCA· 1995-02-09 ·cited 18×
  Property owners in Jacksonville challenged the city's comprehensive plan as applied to their residential properties, seeking declarations that the plan was invalid and injunctive relief to permit commercial zoning. The appellate court reversed, holding that circuit courts lack su
• Abdul Muhammad Samaad v. City OF Dallas
  940 F.2d 925· 5th Cir.· 1991-08-23 ·cited 18×
  The court held that a Rule 54(b) judgment was potentially available, the takings claim was unripe because state remedies were not exhausted, and no constitutional taking occurred, affirming summary judgment on that claim.
• Anthony v. Franklin Cnty. & Willis "Bill" Collins
  799 F.2d 681· 11th Cir.· 1986-09-15 ·cited 18×
  The court held that terminating ferry service did not constitute a taking without due process or violate equal protection, as it did not deprive owners of access to their property but rather withdrew a public benefit. Furthermore, takings claims are premature until state remedies
• Division of Administration v. Allen
  447 So. 2d 1383· Fla. 5th DCA· 1984-03-08 ·cited 18×
  In this eminent domain appeal, the Florida Department of Transportation challenges a jury verdict awarding $62,750 to Peterson Outdoor Advertising for its leasehold interest in billboards. The court addresses whether separate jury verdicts may be entered for different property in
• Urbanizadora Versalles, Inc. v. Rios
  701 F.2d 993· 1st Cir.· 1983-03-02 ·cited 18×
  The court held that a 14-year "freeze" on property development due to an official map and zoning designation constituted an unconstitutional deprivation of property without due process, and the district court did not err in enjoining these restrictions.
• Kasser v. Dade Cnty.
  344 So. 2d 928· Fla. 3d DCA· 1977-04-12 ·cited 18×
  Kasser, a property owner in Dade County, appealed dismissal of an inverse condemnation suit claiming the county's denial of his rezoning request constituted a taking of his property without compensation. The court affirmed dismissal, holding that challenges to specific zoning dec
• Drakes Bay Land Co. v. The United States
  459 F.2d 504· Ct. Cl.· 1972-05-12 ·cited 18×
  The court held that the plaintiff is entitled to just compensation for the taking of its land, including interest and reasonable fees, based on the land's highest and best use as a subdivision, disregarding negative impacts from the Seashore project.
• Benerofe v. State Rd. Dep't of Fla.
  217 So. 2d 838· Fla.· 1969-01-15 ·cited 18×
  The Florida Supreme Court discharged a writ of certiorari, affirming that the condemnation of fee simple title in a strip of land for a state highway does not automatically extinguish an abutting landowner's easement rights of ingress and egress. The court held that such easement
• State Rd. Dep't of Fla. v. Lewis
  156 So. 2d 862· Fla. 1st DCA· 1963-10-17 ·cited 18×
  In this inverse condemnation action, Lewis sued the State Road Department for taking his property during a 1952 highway widening and 1956 overpass construction without compensation. The court affirmed that the Department took Lewis's property but limited his recovery to special d
• Collins v. Monroe Cnty.
  999 So. 2d 709· Fla. 3d DCA· 2008-12-31 ·cited 17×
  Landowners appealed summary judgment dismissing their inverse condemnation claim against Monroe County and the State of Florida based on a four-year statute of limitations. The court reversed, holding that the taking was an as-applied rather than facial taking, the claim ripened
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Summerland Cnty. Water Dist. & Does I Through XV
  767 F.2d 544· 9th Cir.· 1985-07-26 ·cited 17×
  The court affirmed the district court's denial of a preliminary injunction and its stay of proceedings pending state court adjudication, finding abstention appropriate. The issue of counsel disqualification was remanded for further consideration.
• Division OF Administration v. Decker
  408 So. 2d 1056· Fla. 2d DCA· 1981-11-13 ·cited 17×
  The Florida Department of Transportation appealed a condemnation damages award of $776,000 for a temporary construction easement, arguing the trial court improperly excluded its expert testimony on the easement's value and construction limitations. The appellate court reversed an
• Hillsborough Cnty. Aviation Auth. v. Corando Benitez, Jr.
  200 So. 2d 194· Fla. 2d DCA· 1967-05-24 ·cited 17×
  The Hillsborough County Aviation Authority appealed a trial court judgment requiring it to condemn an aviation easement over residents' properties near Tampa International Airport. The court held that low-altitude jet aircraft overflights at 250-500 feet constitute a taking of ai
• State Rd. Dep't of Fla. v. Hufford
  161 So. 2d 35· Fla. 1st DCA· 1964-02-11 ·cited 17×
  The State Road Department sued to enjoin property owners from blocking a storm sewer system easement across their land, and the owners counterclaimed for damages and sought to enjoin the sewer use. The trial court summarily dismissed both the complaint and counterclaim due to the
• M & H Profit, Inc. v. City OF Panama City
  28 So. 3d 71· Fla. 1st DCA· 2009-12-14 ·cited 16×
  A Florida appellate court holds that the Bert Harris Act, which protects private property rights from governmental action, applies only to as-applied challenges when a government entity specifically applies an ordinance to a particular property—not to facial challenges based on m
• Town OF Jupiter v. Alexander
  747 So. 2d 395· Fla. 4th DCA· 1998-09-16 ·cited 16×
  This inverse condemnation appeal concerns whether a temporary regulatory taking occurred when a municipality delayed development approval for two years. The court held that the owner's two non-contiguous parcels must be treated as a single integrated tract for takings analysis, a
• Gardens Country Club, Inc. v. Palm Beach Cnty.
  712 So. 2d 398· Fla. 4th DCA· 1998-03-11 ·cited 16×
  Gardens Country Club sought damages for inverse condemnation and due process violations after Palm Beach County refused to certify its development application under the 1980 Comprehensive Plan, instead requiring compliance with a proposed 1989 Plan that reduced allowable density.
• Owen v. The United States
  851 F.2d 1404· Fed. Cir.· 1988-07-18 ·cited 16×
  The navigational servitude does not provide a blanket exception to the Fifth Amendment's Takings Clause for erosion damage to land outside the stream bed caused by government navigation improvements.
• McMILLAN v. Goleta Water Dist.
  792 F.2d 1453· 9th Cir.· 1986-06-30 ·cited 16×
  The court held that the statute of limitations did not bar the inverse condemnation claim because it accrued upon the final denial of service, and that the substantive due process claim was improperly dismissed without determining the McMillans' user status.
• Crigger v. Fla. Power Corp.
  469 So. 2d 941· Fla. 5th DCA· 1985-05-30 ·cited 16×
  In an inverse condemnation action, the date of taking is the date the defendant first wrongfully appropriated the property, not the date of a subsequent formal order of taking.
• Division OF Administration v. Jirik
  471 So. 2d 549· Fla. 3d DCA· 1985-05-14 ·cited 16×
  Florida's Department of Transportation appeals an inverse condemnation judgment finding that construction of a retaining wall along a public road constituted a taking of Clara Jirik's property by substantially diminishing access to one of her three platted lots. The court affirms
• Kollsman v. City OF LOS Angeles
  737 F.2d 830· 9th Cir.· 1984-07-17 ·cited 16×
  The court held that the district court should have abstained from deciding state law claims concerning land use planning regulations, as these issues were complex, uncertain, and sensitive areas of social policy best left to state courts.
• Hillsborough Cnty. v. Onelia Gutierrez and Angel Gutierrez
  433 So. 2d 1337· Fla. 2d DCA· 1983-07-06 ·cited 16×
  The court held that the permanent flooding of the appellees' land constituted a taking by inverse condemnation, but the temporary flooding of their residence did not, supporting a tort claim instead.
• Citadel Corp. v. Puerto RICO Hwy. Auth.
  695 F.2d 31· 1st Cir.· 1982-12-22 ·cited 16×
  Damage actions against governmental entities for land use policies are not cognizable in federal court, even if the regulation constitutes an unconstitutional taking.
• Suwannee Cnty. v. Enoch E. Garrison, Jr.
  417 So. 2d 1070· Fla. 1st DCA· 1982-07-29 ·cited 16×
  Suwannee County sought a declaratory judgment to determine whether a road across the Garrisons' property had become vested in the County under Florida Statutes Section 95.361. The trial court awarded attorney's fees to the Garrisons, but the appellate court reversed, holding that
• State v. Gables-By-The-Sea, Inc.
  374 So. 2d 582· Fla. 3d DCA· 1979-08-07 ·cited 16×
  The State of Florida appealed a trial court's award of $850,000 in attorneys' fees to the property owner in an inverse condemnation proceeding involving a taking of coastal property. The appellate court affirmed the determination that condemnation became imminent on January 18, 1
• Jacobson v. Tahoe Reg'l Planning Agency
  558 F.2d 928· 9th Cir.· 1977-08-05 ·cited 16×
  The court held that appellants stated a claim under the Fifth Amendment due process clause for an improper taking of their land, but inverse condemnation claims failed as TRPA lacks condemnation authority. The court also affirmed dismissal of the counties, states, and the United
• King v. The United States
  427 F.2d 767· Ct. Cl.· 1970-06-12 ·cited 16×
  The court held that the construction of the Toronto Dam created a permanent, intermittent backwater effect causing substantial damage to plaintiffs' farmlands, constituting a compensable taking under the Fifth Amendment.
• August M. Carmazi and Lester M. Muhn v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  108 So. 2d 318· Fla. 3d DCA· 1959-01-06 ·cited 16×
  Riparian property owners challenged a proposed dam on the Little River that would block their boat navigation to Biscayne Bay. The court held that the right to navigate beyond one's property is a public right, not a private property right protected by eminent domain, and that the
• Fla. Dep't OF Agric. & Consumer Servs. & The Fla. Comm'r of Agric. v. Mendez
  98 So. 3d 604· Fla. 4th DCA· 2012-07-25 ·cited 15×
  Two consolidated class actions sought inverse condemnation damages from the Florida Department of Agriculture for destruction of citrus trees. The court held that Florida Statutes section 11.066 precludes execution against the state agency without legislative appropriation, and t
• Golf Club OF Plantation, Inc. v. City OF Plantation
  717 So. 2d 166· Fla. 4th DCA· 1998-09-16 ·cited 15×
  Golf Club of Plantation appealed the trial court's dismissal of its takings claims against the City of Plantation, which had denied permits for residential development and course improvements citing open-space preservation policies. The appellate court reversed the dismissals of
• LEE Cnty. v. Kiesel
  705 So. 2d 1013· Fla. 2d DCA· 1998-02-06 ·cited 15×
  Lee County appealed a trial court's finding that the county's construction of a bridge over the Caloosahatchee River constituted an inverse condemnation taking by obstructing the Kiesels' riparian right of view. The court affirmed, holding that riparian owners have a protected pr
• Tinnerman v. Palm Beach Cnty.
  641 So. 2d 523· Fla. 4th DCA· 1994-08-31 ·cited 15×
  Property owners appealed a trial court judgment finding their temporary taking claim unripe for judicial review and that they failed to demonstrate a taking. The court affirmed, holding that the owners did not exhaust administrative remedies by pursuing alternative uses or modifi
• DEL Monte Dunes AT Monterey, Ltd. v. City OF Monterey
  920 F.2d 1496· 9th Cir.· 1990-12-12 ·cited 15×
  The court held that the regulatory takings claim is ripe for review because the property owners made substantial efforts to comply with the City's conditions, and further applications would be futile due to the City's arbitrary and contradictory actions.
• Joint Ventures, Inc. v. Dep't OF Transp.
  519 So. 2d 1069· Fla. 1st DCA· 1988-01-29 ·cited 15×
  Section 337.241(2)–(3) of the Florida Statutes is constitutional because, although the administrative remedy in subsection (3) may be inadequate in individual cases, the Fifth Amendment and the Florida Constitution guarantee landowners a fundamental right to pursue inverse condem
• Fields v. Sarasota-Manatee Airport Auth.
  512 So. 2d 961· Fla. 2d DCA· 1987-07-08 ·cited 15×
  Landowners near Sarasota-Bradenton Airport sued for inverse condemnation, claiming aircraft overflights constituted a taking of an avigational easement over their properties. The court held that inverse condemnation requires proof of substantial loss in market value or substantia
• State v. Mid-Florida Growers, Inc.
  505 So. 2d 592· Fla. 2d DCA· 1987-04-10 ·cited 15×
  The State of Florida destroyed healthy citrus trees at appellees' nurseries as part of an emergency eradication effort to prevent the spread of citrus canker, despite negative test results. The trial court found this constituted a compensable taking even though it was a valid exe
• Nemmers v. City OF Dubuque
  764 F.2d 502· 8th Cir.· 1985-06-11 ·cited 15×
  The court held that the district court erred in denying all damages for the temporary taking of land, and that expert witness fees were properly awarded.
• Janson v. The City OF ST. Augustine
  468 So. 2d 329· Fla. 5th DCA· 1985-04-11 ·cited 15×
  Janson sought certiorari review of a city's denial of his building permit, but the court denied his petition because he simultaneously pursued an inverse condemnation suit in a separate proceeding. Florida law prohibits parties from simultaneously challenging agency action throug
• Flatt v. City OF Brooksville
  368 So. 2d 631· Fla. 2d DCA· 1979-03-14 ·cited 15×
  The Florida District Court of Appeal reversed a trial court's determination that homeowners could not recover compensation for damage to personal property destroyed by a city-constructed drainage system that caused flooding. The court held that the Florida Constitution's takings