Inverse Condemnation

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

• City OF Jacksonville v. George Schumann et ux.
  199 So. 2d 727· Fla. 1st DCA· 1967-06-15 ·cited 15×
  The City of Jacksonville appealed from a trial court decree finding that property owners had valid claims for inverse condemnation due to noise and vibration from airport operations, and ordering the City to institute eminent domain proceedings. The court affirmed, holding that a
• Moore v. Choctawhatchee Elec. Co-Operative, Inc.
  196 So. 2d 788· Fla. 1st DCA· 1967-03-21 ·cited 15×
  The court held that there was sufficient evidence for the jury to find that the employee was acting within the scope of his employment when the accident occurred, despite personal detours and intoxication.
• Finkelstein v. Dep't OF Transp.
  656 So. 2d 921· Fla.· 1995-05-18 ·cited 14×
  The Florida Supreme Court addressed whether evidence of environmental contamination is relevant and admissible in eminent domain valuation trials. The Court held that contamination evidence is relevant to market value if supported by adequate factual predicate, but cautioned that
• Orange Cnty. v. Lust
  602 So. 2d 568· Fla. 5th DCA· 1992-05-08 ·cited 14×
  Orange County challenges a circuit court's order quashing the County's denial of a landowner's rezoning application for a 2,100-square-foot agricultural parcel to heavy commercial zoning for a billboard. The appellate court reverses, holding that the trial court applied the wrong
• Foster v. City OF Gainesville
  579 So. 2d 774· Fla. 1st DCA· 1991-05-03 ·cited 14×
  Property owners sued the City of Gainesville for inverse condemnation after the city extended an airport runway, causing low-flying aircraft to pass over their homes at 220 feet or less, resulting in noise, vibrations, and property damage. The trial court granted the city's motio
• Hall v. City OF Orlando
  555 So. 2d 963· Fla. 5th DCA· 1990-01-25 ·cited 14×
  Hall appeals the denial of a temporary injunction to prevent the City of Orlando from expanding drainage through an easement on his property. The court reversed, finding that Hall satisfied all requirements for a temporary injunction because the City's drainage expansion would ca
• Cassettari v. Cnty. OF Nev.
  824 F.2d 735· 9th Cir.· 1987-08-10 ·cited 14×
  A Fifth Amendment taking claim is premature until state compensation procedures have been utilized and denied. A Section 1983 claim requires a deprivation of a federal right, which does not occur until just compensation is denied after exhausting state remedies.
• Ochoa Realty Corp. v. Faria
  815 F.2d 812· 1st Cir.· 1987-04-06 ·cited 14×
  The court held that the appeal of the remand order is unreviewable, the claims for equitable relief were moot, and the damage claims were premature due to failure to exhaust state remedies.
• Fla. Audubon Soc'y v. Nat Ratner
  497 So. 2d 672· Fla. 3d DCA· 1986-10-21 ·cited 14×
  In this appeal of a dispute over access to Everglades property encumbered by a water management district easement, the court affirmed that the district must provide reasonable access for the property owner's reserved rights but modified the required access structure from a two-la
• Albrecht v. The Bd. OF Trs. OF the Internal Improvement Tr. Fund of the State of Fla. & the Internal Improvement Tr. Fund of the State of Fla.
  481 So. 2d 555· Fla. 2d DCA· 1986-01-15 ·cited 14×
  In this inverse condemnation case, appellants sought compensation for alleged taking of submerged lands. The trial court granted appellees' motion for involuntary dismissal at a pretrial conference, but the appellate court reversed, finding the dismissal procedurally improper and
• Yuba Goldfields, Inc. v. The United States
  723 F.2d 884· Fed. Cir.· 1983-12-14 ·cited 14×
  The Claims Court erred in granting summary judgment for the United States because genuine issues of material fact exist regarding whether the government's actions constituted a taking of private property under the Fifth Amendment.
• Cnty. OF Volusia v. W.R. Pickens & Cont'l Ins. Co.
  439 So. 2d 276· Fla. 5th DCA· 1983-09-22 ·cited 14×
  The dissenting opinion argues that in inverse condemnation cases, property should be valued as of the time of trial, not the date of taking, to ensure full compensation.
• State v. Donahoo
  412 So. 2d 400· Fla. 1st DCA· 1982-03-25 ·cited 14×
  In this inverse condemnation appeal, the Florida Department of Transportation challenged a trial court's finding that its construction of an Interstate 10 spur in Pensacola constituted a taking of the Donahoos' property. The appellate court reversed, holding that DOT's acts—inclu
• Leon Cnty. v. Smith
  397 So. 2d 362· Fla. 1st DCA· 1981-04-10 ·cited 14×
  The court held that the county's actions in altering and connecting drainage systems, which resulted in flooding and rendering private property useless, constituted a taking and continuing trespass, and sovereign immunity did not bar recourse.
• Georgia-Pacific Corp. v. The United States
  640 F.2d 328· Ct. Cl.· 1980-12-17 ·cited 14×
  The court adopted the trial judge's report, modified to exclude compensation for delay in payment and to reflect the court's view on that issue. The court found that the establishment of the park did not depreciate the value of the remaining timberlands.
• NBH Land Co. v. The United States
  576 F.2d 317· Ct. Cl.· 1978-05-17 ·cited 14×
  Actions of defendant's officials in proposing land acquisition and opposing local zoning changes did not constitute a taking under the law of eminent domain.
• Leon Cnty. v. G.J. Gluesenkamp, Jr.
  873 So. 2d 460· Fla. 1st DCA· 2004-05-10 ·cited 13×
  Leon County appeals a trial court judgment awarding damages to property owners for breach of a Development Agreement and temporary taking of property. The court reverses, holding that a court-ordered injunction excused the County's contractual obligation to issue permits and that
• Charlotte Cnty. v. Richard Vetter for the Charlotte Cnty. Park of Commerce, LLC
  863 So. 2d 465· Fla. 2d DCA· 2004-01-21 ·cited 13×
  Charlotte County challenges a preliminary injunction requiring it to approve subdivision and site plan applications for an industrial park near the county airport. The court affirms the preliminary injunction to the extent it requires the county to expeditiously process permit ap
• State v. Lindquist
  698 So. 2d 299· Fla. 2d DCA· 1997-07-23 ·cited 13×
  The Florida Department of Labor and Employment Security challenged venue in two consolidated cases brought by commercial fishermen alleging breach of contract and constitutional violations arising from the state's net buy-back assistance program. The court affirmed that venue was
• Sierra Lake Reserve v. The City OF Rocklin
  938 F.2d 951· 9th Cir.· 1991-07-09 ·cited 13×
• Atl. Int'l Inv. Corp. v. State
  478 So. 2d 805· Fla.· 1985-08-30 ·cited 13×
  Atlantic International Investment Corporation sued for inverse condemnation after state agencies denied and delayed permits for its planned residential subdivision development. The Florida Supreme Court held that while Atlantic could bring its taking claim in circuit court despit
• City OF ST. Petersburg v. Wall
  475 So. 2d 662· Fla.· 1985-06-20 ·cited 13×
  The Florida Supreme Court resolved a conflict between two district court decisions regarding whether a municipality can be held liable for damages caused by an automatic stay of a trial court judgment in an unsuccessful eminent domain action. The Court held that while a city cann
• Raskiewicz v. The Town OF NEW Boston
  754 F.2d 38· 1st Cir.· 1985-02-07 ·cited 13×
  The court held that the plaintiff failed to present genuine issues of material fact to support his federal claims, and thus summary judgment for the defendants was appropriate. The court also affirmed the award of attorneys' fees and costs to the defendants.
• Pirolo v. City OF Clearwater
  711 F.2d 1006· 11th Cir.· 1983-08-12 ·cited 13×
  The court held that the district court erred in granting summary judgment on appellants' section 1983 claims, as issues of material fact remained regarding whether the city violated due process and impaired contractual obligations.
• LEE Cnty. v. T & H Assocs., Ltd.
  395 So. 2d 557· Fla. 2d DCA· 1981-02-11 ·cited 13×
  Lee County condemned 19.8 acres of leased land for a sewage facility, taking immature Jubilee watermelon crops planted by the lessees Biggar and Kelly. The court awarded the lessees $99,400 for the value of their leasehold interest based on prospective crop yield and market condi
• Wilfong v. The United States
  480 F.2d 1326· Ct. Cl.· 1973-07-13 ·cited 13×
  The court held that the plaintiff's claim of inverse condemnation failed because the overflights were not permanent or of indefinite duration, and the plaintiff did not prove timely complaints to allow for abatement.
• Paran Moody et ux. v. The Jacksonville
  20 Fla. 597· Fla.· 1884-01-01 ·cited 13×
  The Florida Supreme Court held that a railroad company cannot appropriate a landowner's property for construction without prior legislative authorization for eminent domain and without ensuring just compensation before taking possession. The court invalidated the statutory provis
• Pasco v. City OF Oldsmar
  953 So. 2d 766· Fla. 2d DCA· 2007-04-20 ·cited 12×
  The Pascos sued the City of Oldsmar after the city paved a road that cut diagonally across their property. The city sought summary judgment based on statutory dedication under Florida law, claiming the road was presumptively dedicated after four years of continuous maintenance. T
• Patchen v. Fla. Dep't of Agric. & Consumer Servs.
  906 So. 2d 1005· Fla.· 2005-04-14 ·cited 12×
  The Florida Supreme Court held that the Department of Agriculture's destruction of healthy residential citrus trees within a 1900-foot radius of infected trees does not preclude homeowners from recovering compensation under a 2002 statutory remedial scheme, distinguishing this ca
• Osceola Cnty. v. Best Diversified, Inc.
  830 So. 2d 139· Fla. 5th DCA· 2002-09-27 ·cited 12×
  The court held that it lacks jurisdiction to hear the interlocutory appeal because the relevant appellate rule was repealed and the Florida Constitution does not authorize legislative grants of interlocutory appeal rights.
• Patchen v. State of Fla. Dep't OF Agric. & Consumer Servs.
  817 So. 2d 854· Fla. 3d DCA· 2002-03-06 ·cited 12×
  Property owners appealed a summary judgment dismissing their inverse condemnation claim for the state's destruction of healthy citrus trees on their residential property. The court affirmed, holding that under established precedent, destroyed citrus trees within a disease-control
• Fla. Dep't OF Agric. v. GO Bungee, Inc.
  678 So. 2d 920· Fla. 5th DCA· 1996-08-30 ·cited 12×
  The Florida Department of Agriculture appeals from a partial summary judgment finding liability in an inverse condemnation claim by Go Bungee, Inc., without making specific fact findings or addressing the Department's affirmative defenses. The appellate court reverses and remands
• Heckman v. City OF Oakland Park
  644 So. 2d 525· Fla. 4th DCA· 1994-09-14 ·cited 12×
  The Heckmans appealed a summary judgment dismissing their cross-claims against the City of Oakland Park based on the statute of limitations. The court affirmed dismissal of two counts based on a February 17, 1988 accrual date, but reversed and remanded a third count involving an
• Fla. Game & Fresh Water Fish Comm'n v. Flotilla, Inc.
  636 So. 2d 761· Fla. 2d DCA· 1994-03-16 ·cited 12×
  The Florida Game and Fresh Water Fish Commission appealed a trial court judgment finding it liable for inverse condemnation when discovery of bald eagle nests on a residential development project required creation of habitat preservation zones that restricted development. The app
• 4444 Corp. v. The City OF Orlando
  598 So. 2d 287· Fla. 5th DCA· 1992-05-15 ·cited 12×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact remained regarding whether a taking of property had occurred.
• Schick v. Fla. Dep't OF Agric. & Consumer Servs. & Doyle Conner
  586 So. 2d 452· Fla. 1st DCA· 1991-09-18 ·cited 12×
  Appellants sought attorney's fees for services rendered in a mandamus action to enforce a final inverse condemnation judgment against the Florida Department of Agriculture. The court held that attorney's fees for mandamus proceedings ancillary to condemnation actions are recovera
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  911 F.2d 1331· 9th Cir.· 1990-08-09 ·cited 12×
  Plaintiffs cannot state a claim for relief because the court-imposed injunction, not the 1984 Plan, prevented them from building.
• Est. OF Rose Himelstein v. City OF Fort Wayne
  898 F.2d 573· 7th Cir.· 1990-03-28 ·cited 12×
  The court held that the Himelsteins' federal claims were not ripe for review because they had not pursued available state remedies for inverse condemnation and due process violations.
• State v. MacKay
  544 So. 2d 1065· Fla. 3d DCA· 1989-06-06 ·cited 12×
  The MacKays challenged the Department of Environmental Regulation's denial of their permit to fill submerged portions of their Key West property, claiming it constituted a taking without just compensation. The appellate court reversed the trial court's finding of a taking, holdin
• Trailer Ranch, Inc. v. City OF Pompano Beach
  500 So. 2d 503· Fla.· 1986-12-24 ·cited 12×
  The Florida Supreme Court held that a condemning authority seeking a permanent underground utility easement is entitled to introduce its plans and specifications into evidence at trial to show the jury the extent and manner of the taking, as such evidence is binding on the condem
• Four Seasons Apartment v. City OF Mayfield Heights
  775 F.2d 150· 6th Cir.· 1985-10-21 ·cited 12×
  The court held that plaintiffs' Fifth Amendment taking claim is barred because they failed to utilize available state inverse condemnation procedures, and their Fourteenth Amendment procedural due process claim fails because the permit's rescission was either an unauthorized act
• Skaw v. United States
  740 F.2d 932· Fed. Cir.· 1984-07-23 ·cited 12×
  The court held that the Claims Court erred in granting summary judgment on the discovery issue and in concluding that the enactment of section 708 did not constitute a compensable taking. The court vacated the judgment and remanded the case for further proceedings.
• City OF Port ST. Lucie v. Parks
  452 So. 2d 1089· Fla. 4th DCA· 1984-07-11 ·cited 12×
  The City of Port St. Lucie appealed a finding of inverse condemnation after realigning roads that terminated the Parks' direct access to Port St. Lucie Boulevard, leaving their property accessible only via a dead-end street. The appellate court reversed, holding that the loss of
• Barron Collier v. City OF Springdale
  733 F.2d 1311· 8th Cir.· 1984-05-08 ·cited 12×
  The court held that the availability of adequate state law mechanisms for compensation precludes a claim under 42 U.S.C. § 1983 for a taking of property for public use.
• United States v. 156.81 Acres OF Land
  671 F.2d 336· 9th Cir.· 1982-03-12 ·cited 12×
  The court held that the entry of a condemnation judgment does not constitute a taking of unimproved property, distinguishing it from improved property.
• Foster v. The United States
  607 F.2d 943· Ct. Cl.· 1979-10-17 ·cited 12×
  The court held that the reservation of "other minerals" in the 1942 deed included dolomite, and the government's denial of access to quarry dolomite constituted a permanent taking under the Fifth Amendment.
• United States v. Lincoln Albert Allen
  578 F.2d 236· 9th Cir.· 1978-06-14 ·cited 12×
  The court held that individuals occupying public lands under invalid mining claims are trespassing and must vacate, as such claims do not grant rights contrary to the public's.
• Northcutt v. State Rd. Dep't of Fla.
  209 So. 2d 710· Fla. 3d DCA· 1968-04-23 ·cited 12×
  The Northcutts appealed the dismissal of their inverse condemnation complaint against the State Road Department, alleging that construction and operation of an interstate highway and access roads nearby caused structural damage and noise/vibration injuries to their residential pr
• Smith v. United States
  362 F.2d 366· 9th Cir.· 1966-06-06 ·cited 12×
  The court agreed with the disposition of the Per Curiam opinion and noted additional matters for the lower court to consider upon remand.
• Kate Mock Bacon (1) v. United States
  295 F.2d 936· Ct. Cl.· 1961-11-01 ·cited 12×
  The court held that the substantial interference with the use and enjoyment of plaintiffs' properties due to low, frequent, and noisy jet aircraft flights, particularly after late 1954, constituted a taking under the Fifth Amendment, and the suit was not barred by the statute of