Inverse Condemnation

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

• United States v. Dickinson
  152 F.2d 865· 4th Cir.· 1946-01-04 ·cited 12×
  When the government takes part of a landowner's property, it must compensate for not only the part taken but also for damage to the remaining land, including the cost of reasonable protective measures.
• Monroe Cnty. v. Thora Ambrose
  866 So. 2d 707· Fla. 3d DCA· 2003-12-10 ·cited 11×
  Monroe County appealed a summary judgment granting vested property rights to landowners based solely on their pre-1979 recordation of land parcels in an area designated as critical state concern. The Florida appellate court reversed, holding that recordation alone is insufficient
• Lilia Cordones v. Brevard Cnty.
  781 So. 2d 519· Fla. 5th DCA· 2001-04-06 ·cited 11×
  Property owners appealed a trial court's order granting Brevard County temporary easements over their beachfront parcels for a shore protection project. The Fifth District affirmed the condemnation on necessity and valuation grounds but remanded to add a fifty-year duration limit
• Fla. Power Corp. v. Silver Lake Homeowners Ass'n
  727 So. 2d 1149· Fla. 5th DCA· 1999-03-26 ·cited 11×
  The Florida District Court of Appeal reversed a summary judgment, holding that Florida Power Corporation (FPC) did not exceed the scope of its 1948 easement by replacing wooden H-frame structures with modern steel monopole structures to support its power lines. The court found th
• State v. Lakewood Travel Park, Inc.
  580 So. 2d 230· Fla. 4th DCA· 1991-05-08 ·cited 11×
  In this inverse condemnation case, the Florida Department of Transportation appeals a judgment requiring it to institute condemnation proceedings against Lakewood Travel Park. The court held that DOT's construction of Interstate 595 substantially diminished the property's right o
• Dep't of Agric. & Consumer Servs. v. Schick
  553 So. 2d 361· Fla. 1st DCA· 1989-12-07 ·cited 11×
  The Department of Agriculture appealed two judgments awarding attorney's fees to prevailing inverse condemnation plaintiffs. The court reversed because the trial court failed to provide specific findings of fact supporting the application of contingency risk multipliers to the fe
• Morton P. MacLEOD v. Cnty. OF Santa Clara
  749 F.2d 541· 9th Cir.· 1984-12-10 ·cited 11×
  The denial of a permit to harvest timber did not constitute a compensable taking because it did not interfere with the primary uses or investment-backed expectations of the property, even if it prevented the 'highest and best use'.
• Sederquist v. City OF Tiburon
  765 F.2d 756· 9th Cir.· 1984-10-31 ·cited 11×
  The denial of a permit to pave a private driveway does not constitute a taking of property without just compensation under the Fifth and Fourteenth Amendments.
• Falls Riverway Realty, Inc. v. The City OF Niagara Falls
  732 F.2d 38· 2d Cir.· 1984-04-09 ·cited 11×
  A property owner is entitled to compensation for unsuitable access resulting from a public project, even without a direct taking of their property, and the suitability of access is a factual question rarely resolved by summary judgment.
• Albrecht v. State
  444 So. 2d 8· Fla.· 1984-01-12 ·cited 11×
  The Florida Supreme Court held that property owners who exhausted judicial review of a denied development permit may separately bring an inverse condemnation claim in circuit court, as inverse condemnation constitutes a distinct cause of action from challenging the administrative
• Pinellas Cnty. v. Brown
  420 So. 2d 308· Fla. 2d DCA· 1982-07-07 ·cited 11×
  Pinellas County denied a building permit to landowners Brown and Hughes for a use permitted by the existing zoning ordinance, citing a conflict with the county's comprehensive land use plan. The court reversed a damages judgment, holding that the county's temporary denial of the
• State v. Scott
  418 So. 2d 1032· Fla. 2d DCA· 1982-07-02 ·cited 11×
  A dispute over rent between a landlord and a government tenant after a lease termination, where the government continues to occupy the premises during negotiations, does not constitute a constitutional taking.
• Stokes v. The City OF Jacksonville
  276 So. 2d 200· Fla. 1st DCA· 1973-03-29 ·cited 11×
  Property owners appealed the City of Jacksonville's denial of their rezoning application from single-family residential to commercial intensive classification. The court held that where municipal actions have fundamentally changed neighborhood character through highway expansion
• Wilson v. State Rd. Dep't of Fla.
  201 So. 2d 619· Fla. 1st DCA· 1967-08-01 ·cited 11×
  A genuine issue of material fact existed regarding whether the defendants took the plaintiffs' property, and this issue should have been decided by a jury, not by summary judgment.
• Rosenbaum v. State Rd. Dep't & Levy Cnty.
  129 Fla. 723· Fla.· 1937-10-28 ·cited 11×
  This case concerns whether property owners can seek equitable relief, specifically a lien, when a government entity appropriates their land for public use without full payment. The court held that equity is the proper venue to establish such a lien.
• Fla. Fish & Wildlife Conservation Comm'n v. Daws
  256 So. 3d 907· Fla. 1st DCA· 2018-08-16 ·cited 10×
  The Florida Fish and Wildlife Conservation Commission (FWC) appeals a trial court order granting a temporary injunction requiring the FWC to abate nuisances from deer dog hunting on adjacent private property, where hunters and their dogs occasionally trespass onto private landown
• Finr II, Inc. v. Hardee Cnty.
  164 So. 3d 1260· Fla. 2d DCA· 2015-06-10 ·cited 10×
  FINR II, Inc. appeals the dismissal of its Bert Harris Act claim against Hardee County, alleging that the county's approval of reduced mining setbacks on adjacent property inordinately burdened FINR's rehabilitation facility and diminished its property value by $38 million. The c
• Galaxy Fireworks, Inc. v. The Honorable Jeb Bush
  927 So. 2d 995· Fla. 2d DCA· 2006-04-07 ·cited 10×
  A trial court errs in granting summary judgment when there exists a material factual dispute concerning whether an executive order precluding transportation of property constitutes a taking requiring compensation.
• State v. S.W. Anderson, Inc.
  744 So. 2d 1098· Fla. 1st DCA· 1999-10-06 ·cited 10×
  In this inverse condemnation case, the Florida Department of Transportation appealed a trial court judgment awarding compensation to S.W. Anderson, Inc. for alleged loss of access to its property resulting from construction of a new bridge and realignment of State Road 79. The ap
• Assocs. OF Meadow Lake, Inc. v. City OF Edgewater
  706 So. 2d 50· Fla. 5th DCA· 1998-01-23 ·cited 10×
  Associates of Meadow Lake appeals summary judgment dismissing its inverse condemnation claim against the City of Edgewater based on temporary flooding caused by defective construction of a nearby park. The court holds that Florida recognizes compensable temporary takings and that
• Diamond K Corp. v. Leon Cnty.
  677 So. 2d 90· Fla. 1st DCA· 1996-07-25 ·cited 10×
  Diamond K Corporation sued Leon County and the Florida Department of Transportation in inverse condemnation, claiming that dredging activities, development, and culvert installation caused flooding that deprived it of beneficial use of its property. The court affirmed the trial c
• Fla. Agency for Health Care Admin. v. ST. John Med. Plans, Inc.
  674 So. 2d 911· Fla. 3d DCA· 1996-06-05 ·cited 10×
  Florida Agency for Health Care Administration (AHCA) appealed the denial of its motion for change of venue after St. John Medical Plans sued it for wrongfully terminating St. John's Medicaid contract. The court reversed in part, holding that venue for claims against AHCA must be
• Barnes v. City OF Dunedin & Pinellas Cnty.
  666 So. 2d 574· Fla. 2d DCA· 1996-01-19 ·cited 10×
  Homeowners appealed a trial court's order awarding costs to the City of Dunedin and Pinellas County following the homeowners' voluntary dismissal of their nuisance and inverse condemnation claims. The appellate court affirmed the timeliness of the cost motions but remanded to str
• State v. Foster F. Burgess
  667 So. 2d 267· Fla. 1st DCA· 1995-09-05 ·cited 10×
  The Department of Environmental Protection appeals a trial court's grant of partial summary judgment finding that DEP's denial of a dredge and fill permit constituted a regulatory taking of Burgess's property. The appellate court reverses, holding that genuine issues of material
• Norbert C. Pearson v. City OF Grand Blanc
  961 F.2d 1211· 6th Cir.· 1992-03-10 ·cited 10×
  The Sixth Circuit affirmed the district court's grant of summary judgment, holding that the denial of a zoning change application was not arbitrary and capricious under substantive due process, as it was rationally related to legitimate zoning concerns like traffic and over-comme
• MacEne v. MJW, Inc.
  951 F.2d 700· 6th Cir.· 1991-12-12 ·cited 10×
  A plaintiff claiming a taking without just compensation must first utilize available state inverse condemnation procedures. A procedural due process claim challenging established state procedures does not require pleading inadequacy of state remedies if the procedures themselves
• G.M. Eng'rs & Assocs., Inc. v. W. Bloomfield Twp.
  922 F.2d 328· 6th Cir.· 1990-12-27 ·cited 10×
  The court held that the plaintiff failed to state a claim for a taking without just compensation because they did not exhaust adequate state remedies, and failed to state a procedural due process claim because the alleged deprivation was a random and unauthorized act for which st
• Smithfield Concerned Citizens FOR Fair Zoning v. The Town OF Smithfield
  907 F.2d 239· 1st Cir.· 1990-07-02 ·cited 10×
  A facial substantive due process challenge to a zoning ordinance is ripe for review upon enactment, and such an ordinance will be upheld if it is rationally related to a legitimate governmental objective.
• Namon v. State
  558 So. 2d 504· Fla. 3d DCA· 1990-03-20 ·cited 10×
  Appellants challenged an inverse condemnation claim after being denied permits to fill wetlands on their property in Dade County. The court affirmed summary judgment for the state, holding that appellants had no compensable taking because they purchased unimproved wetland propert
• Pinellas Cnty. v. Ashley
  464 So. 2d 176· Fla. 2d DCA· 1985-02-01 ·cited 10×
  Pinellas County appeals from a judgment finding it liable for inverse condemnation after it denied a landowner's building permit application due to a conflict between the property's zoning classification and the county's comprehensive land use plan. The court reverses, holding th
• Pinellas Cnty. v. Brown
  450 So. 2d 240· Fla. 2d DCA· 1984-04-13 ·cited 10×
  This case concerns whether a potential lease assignee, whose assignment was unreasonably withheld by the county, is entitled to compensation when the county later condemns the leasehold. The court held that the assignee had a property interest sufficient to claim compensation for
• Ocean Acres Ltd. P'ship v. Dare Cnty. Bd. OF Health & Cnty. of Dare
  707 F.2d 103· 4th Cir.· 1983-05-12 ·cited 10×
  The court held that the inverse condemnation claim failed because the septic tank ban was a reasonable measure to protect a public water supply, and the due process claims were barred by the statute of limitations.
• Griffin v. ST. Johns River Water Mgmt. Dist.
  409 So. 2d 208· Fla. 5th DCA· 1982-02-03 ·cited 10×
  Griffin appeals the denial of a permit application by the St. Johns River Water Management District. The court dismisses the appeal without prejudice because Griffin must first exhaust the administrative remedy of discretionary review by the Governor and Cabinet (Land and Water A
• Milens OF California v. Richmond Redev. Agency
  665 F.2d 906· 9th Cir.· 1982-01-11 ·cited 10×
  The court held that the district court erred in applying collateral estoppel to determine liability for inverse condemnation, as the issues were not identical to a prior case, and that compensation for a subsequently acquired parcel is not permissible.
• Cloide C. Branning v. The United States
  654 F.2d 88· Ct. Cl.· 1981-07-01 ·cited 10×
  The court held that the defendant's specific, unusually burdensome aircraft training operations over the plaintiff's land, even at altitudes above 500 feet, constituted a taking of an easement under the Fifth Amendment.
• Loesch v. The United States
  645 F.2d 905· Ct. Cl.· 1981-03-11 ·cited 10×
  The court held that the plaintiffs failed to prove that the construction and operation of the high-lift navigation dams were the direct and proximate cause of the erosion on their lands.
• S. Cal. Fin. Corp. v. The United States
  634 F.2d 521· Ct. Cl.· 1980-09-10 ·cited 10×
  The Court of Claims held that the Air Force lacked the authority to take a permanent or indefinite interest in the land without specific Congressional authorization, and therefore, no compensable taking of a fee or perpetual easement occurred.
• United States v. 38.60 Acres OF Land
  625 F.2d 196· 8th Cir.· 1980-07-07 ·cited 10×
  The court held that claims for impaired drainage and scattering of debris on property outside the flowage easement are not compensable as severance damages in a condemnation action, as they constitute claims for inverse condemnation.
• Hilkovsky v. The United States
  504 F.2d 1112· Ct. Cl.· 1974-10-23 ·cited 10×
  The court held that plaintiffs failed to establish a taking of their lands by the United States, and thus their claims were barred by the statute of limitations and collateral estoppel did not apply.
• Rocca v. The United States
  500 F.2d 492· Ct. Cl.· 1974-07-19 ·cited 10×
  The court held that plaintiffs are not entitled to reimbursement for litigation expenses because the taking was a legislative act by Congress, not by a federal agency, and the conditions for reimbursement under the Uniform Relocation Assistance Act were not met. The court affirme
• State of Fla. Dep't OF Transp. v. Fla. E. Coast Ry. Co.
  275 So. 2d 289· Fla. 3d DCA· 1973-03-20 ·cited 10×
  This is the second appeal in an inverse condemnation case where the State of Florida Department of Transportation took property owned by Florida East Coast Railway Company for public highway purposes. The court affirmed the trial court's determination of the property value at $40
• State Rd. Dep't of Fla. v. Harvey
  142 So. 2d 773· Fla. 2d DCA· 1962-06-27 ·cited 10×
  This case involves a property owner's suit against the State Road Department for alleged trespass and taking of land for a road project. The appellate court affirmed the denial of the Department's motion to dismiss but reversed the order transferring the case to the law side for
• Livingston v. Frank
  150 So. 3d 239· Fla. 2d DCA· 2014-07-30 ·cited 9×
  Property owner William Livingston sued to recover investment interest earned on funds the City of Tampa deposited in court registry during quick-take eminent domain proceedings, claiming he had a property interest in those funds and that their diversion to the City constituted an
• ST. Johns River Water Mgmt. Dist. v. Coy A. Koontz, Jr.
  5 So. 3d 8· Fla. 5th DCA· 2009-01-09 ·cited 9×
  The St. Johns River Water Management District appealed a trial court judgment awarding inverse condemnation damages to a property owner whose permit application was denied based on alleged improper exactions. The appellate court affirmed, holding that exactions claims are cogniza
• Suarez v. City OF Tampa
  987 So. 2d 681· Fla. 2d DCA· 2008-02-01 ·cited 9×
  Property owners sued the City of Tampa for dumping garbage on their land in 1965-1966, bringing claims for inverse condemnation, continuing trespass, and statutory relief under Florida's environmental statute. The trial court granted summary judgment on statute of limitations gro
• Trepanier v. Cnty. OF Volusia
  965 So. 2d 276· Fla. 5th DCA· 2007-09-14 ·cited 9×
  Beachfront property owners in Volusia County challenged the county's allowance of public vehicular traffic and parking on their platted beach lots, claiming trespass and inverse condemnation. The appellate court reversed the trial court's summary judgment for the county on prescr
• Palm Beach Polo, Inc. v. The Vill. OF Wellington
  918 So. 2d 988· Fla. 4th DCA· 2006-01-18 ·cited 9×
  Palm Beach Polo challenges a trial court judgment enforcing a 1972 Planned Unit Development (PUD) agreement requiring it to preserve Big Blue Reserve, a 92-acre undeveloped natural area in Wellington, Florida. Polo argues the preservation requirements constitute an unconstitution
• The City OF Pompano Beach v. Yardarm Rest., Inc.
  834 So. 2d 861· Fla. 4th DCA· 2002-10-09 ·cited 9×
  This is an appeal of a trial court judgment finding the City of Pompano Beach liable for violating Yardarm Restaurant's substantive and procedural due process rights under 42 U.S.C. § 1983 by obstructing and delaying the issuance of building permits for a hotel and marina develop
• State v. C.G. Schindler, Jr.
  604 So. 2d 565· Fla. 2d DCA· 1992-08-28 ·cited 9×
  The Florida Department of Environmental Regulation appealed a partial summary judgment finding it liable for inverse condemnation of 1.85 acres of submerged wetland property. The court reversed, holding that the entire 3.5-acre parcel (1.65 acres uplands and 1.85 acres submerged
• Moore v. City OF Costa Mesa
  886 F.2d 260· 9th Cir.· 1989-09-26 ·cited 9×
  The court held that the conditional variance requiring a property owner to deed a portion of his land to the city was not an unconstitutional taking for which compensation was owed, as it did not deny all or substantially all economically viable use of the property.