Inverse Condemnation

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

• United States v. Wood
  466 F.2d 1385· 9th Cir.· 1972-08-21 ·cited 6×
  The court held that while the Government's failure to join indispensable parties prevents it from quieting title to an easement, it is still entitled to affirmative relief, including injunction and damages, to protect its possessory rights over the road. The court also found that
• Roman v. Mariano Acosta Velarde
  428 F.2d 129· 1st Cir.· 1970-05-26 ·cited 6×
  The Federal Tort Claims Act (FTCA) does not provide a supplementary forum for claims of permanent land takings, which should be pursued under the Tucker Act.
• Hancock v. Wilford J. Piper and Alida Piper
  219 So. 2d 746· Fla. 2d DCA· 1969-03-07 ·cited 6×
  The Pipers conveyed a 100-foot right-of-way to Collier County in 1955 based on the County's promise to construct an 80-foot drainage canal. When the County constructed only an uneven ditch and later refused to build the promised canal, the Pipers sued. The trial court ordered the
• The Nat'l Bd. OF the Young Men's Christian Ass'ns v. The United States
  396 F.2d 467· Ct. Cl.· 1968-06-14 ·cited 6×
  The court held that the government's use of private buildings as a place of refuge and defense for troops, which led to enemy attack and destruction, constituted a compensable taking.
• Bornholdt v. S. Pac. Co.
  327 F.2d 18· 9th Cir.· 1964-01-24 ·cited 6×
  The court held that leasing a portion of the property for parking, which did not interfere with railroad operations or future expansion, did not constitute a cessation of use for railroad purposes under the deed's forfeiture provision.
• I. Robert Wright and wife v. United States
  279 F.2d 517· Ct. Cl.· 1960-06-08 ·cited 6×
  The United States is liable for the taking of an avigation easement over plaintiffs' property due to low-altitude jet flights, even when conducted by the Air National Guard with government support and permission.
• State of Cal. v. United States Dist. Court in & for S. Dist. of Cal.
  213 F.2d 818· 9th Cir.· 1954-06-03 ·cited 6×
  The court held that the circumstances did not warrant the issuance of extraordinary writs (prohibition or mandamus) to annul the district court's order joining the United States as a party or to dismiss actions against other petitioners.
• Hussey v. Collier Cnty.
  158 So. 3d 661· Fla. 2d DCA· 2014-11-14 ·cited 5×
  Property owners challenged a county's amendment to its comprehensive land use plan that redesignated their rural property as Sending Lands, prohibiting mining and restricting development. The court reversed dismissal of their Bert J. Harris Private Property Rights Act claim, find
• Judkins v. Walton Cnty.
  128 So. 3d 62· Fla. 1st DCA· 2013-07-15 ·cited 5×
  Shari Judkins appealed a summary judgment dismissing her inverse condemnation claim against Walton County based on the statute of limitations. The court affirmed, holding that the stabilization doctrine from United States v. Dickinson does not apply because the extent of the prop
• Galleon BAY Corp. v. Bd. OF Cnty. Comm'rs OF Monroe Cnty.
  105 So. 3d 555· Fla. 3d DCA· 2012-12-05 ·cited 5×
  Galleon Bay Corporation sought inverse condemnation for regulatory taking of its property in Monroe County, Florida. After decades of litigation, the appellate court reversed the trial court's judgment denying liability, finding that the ROGO ordinance and related regulations had
• Honorable Rick Scott v. Galaxy Fireworks, Inc.
  111 So. 3d 898· Fla. 2d DCA· 2012-12-05 ·cited 5×
  Florida appealed a trial court judgment awarding Galaxy Fireworks $1 million in damages for inverse condemnation based on Executive Order 98-165, which temporarily banned fireworks sales during a fire emergency. The appellate court reversed, holding that the temporary sales prohi
• Fla. Dep't OF Agric. & Consumer Servs. v. Lopez-Brignoni
  114 So. 3d 1138· Fla. 3d DCA· 2012-09-12 ·cited 5×
  The Florida Department of Agriculture appeals a trial court order certifying a class of Miami-Dade County homeowners seeking compensation for destruction of healthy residential citrus trees under the Citrus Canker Eradication Program. The Third District affirms the class certific
• Fla. Dep't of Agric. & Consumer Servs. v. COX
  54 So. 3d 1026· Fla. 4th DCA· 2011-01-26 ·cited 5×
  The Department of Agriculture is not the prevailing party entitled to costs in an inverse condemnation action where it was defeated on liability and damages, despite the plaintiffs seeking more than the awarded amount.
• Cozette R. Drake v. Walton Cnty.
  6 So. 3d 717· Fla. 1st DCA· 2009-04-14 ·cited 5×
  Drake appeals a judgment for Walton County in an inverse condemnation case involving the diversion of floodwaters across her property. The court reverses in part, holding that the County's diversion of water constitutes a taking requiring compensation, and that section 252.43(6)
• Levy Cnty. v. Ellis Diamond and Barbara Diamond
  7 So. 3d 564· Fla. 1st DCA· 2009-03-03 ·cited 5×
  The appellate court reversed the trial court's denial of a motion to transfer venue, holding that state agencies can waive their home venue privilege.
• Russo Assocs., Inc. v. City of Dania Beach Code Enf't Bd.
  920 So. 2d 716· Fla. 4th DCA· 2006-02-08 ·cited 5×
  The court held that the Harris Private Property Protection Act's one-year provision is a pre-suit condition, not a statute of limitations, and the four-year statute of limitations for inverse condemnation applies.
• State v. Mied, Inc.
  869 So. 2d 13· Fla. 1st DCA· 2004-02-27 ·cited 5×
  The Florida Agency for Health Care Administration appeals a $20 million jury verdict in favor of MIED, Inc. for breach of a Medicaid Provider Agreement and equitable estoppel. The appellate court reverses, holding that MIED's breach of contract claims fail as a matter of law due
• Cent. Fla. Invs., Inc. v. Orange Cnty. Code Enf't Bd.
  790 So. 2d 593· Fla. 5th DCA· 2001-08-03 ·cited 5×
  Central Florida Investments and affiliated entities appealed the dismissal of their lawsuit against Orange County for failure to exhaust administrative remedies before challenging the County's denial of their amendment request to operate motorized boats and jet skis on Big Sand L
• State v. Suit City OF Aventura
  774 So. 2d 9· Fla. 3d DCA· 2000-07-19 ·cited 5×
  The Florida Department of Transportation appeals a trial court's inverse condemnation ruling that found the DOT's road improvement project at the intersection of Ives Dairy Road and Biscayne Boulevard caused a compensable taking by substantially diminishing access to an adjacent
• State v. Firstmerit Bank
  711 So. 2d 1217· Fla. 2d DCA· 1998-05-08 ·cited 5×
  The Florida Department of Transportation appeals a trial court's finding that it is liable for a bank's moving expenses incurred in anticipation of a highway project that would affect the bank's leased premises. The court reverses, holding that equitable estoppel is an affirmativ
• Basic Energy Corp. v. State of Fla. Dep't OF Corr.
  709 So. 2d 124· Fla. 1st DCA· 1998-03-11 ·cited 5×
  Basic Energy Corporation challenged an order determining the date of appropriation in an eminent domain proceeding brought by the Department of Corrections to acquire title to property after the DOC had already constructed a prison on it. The court affirmed that "appropriation" u
• Reynolds v. Cnty. OF Volusia
  659 So. 2d 1186· Fla. 5th DCA· 1995-08-18 ·cited 5×
  Property owners in a beachfront subdivision sought inverse condemnation against Volusia County after the County regulated public use of sandy beach in front of their lots. The court affirmed denial of the inverse condemnation claim, holding that the original 1889 plat dedication
• Barima Inv. Co., Inc. v. United States
  771 F. Supp. 1187· S.D. Fla.· 1991-08-08 ·cited 5×
  The court held that the plaintiff's inverse condemnation claim was not ripe for adjudication because the plaintiff failed to utilize available state procedures for obtaining compensation.
• Morton v. Gardner
  513 So. 2d 725· Fla. 3d DCA· 1987-09-29 ·cited 5×
  The Mortons challenged the seizure of their fishing vessel under Florida's Contraband Forfeiture Act, arguing that because the vessel was returned after the State failed to prove it carried contraband, they were entitled to tort damages and inverse condemnation compensation for 1
• Temistocles Ramirez de Arellano v. Caspar W. Weinberger
  724 F.2d 143· D.C. Cir.· 1983-12-22 ·cited 5×
  The court held that while the case is not a nonjusticiable political question, injunctive and declaratory relief are inappropriate due to foreign affairs concerns and the availability of monetary relief under the Tucker Act.
• Dade City v. Simpson
  290 So. 2d 530· Fla. 2d DCA· 1974-02-06 ·cited 5×
  In this inverse condemnation case, the court reversed the trial court's finding that a property owner acquired title to a road that ran through her property. The court held that parol evidence cannot be used to interpret the general term "all roads and streets" in a deed exclusio
• Choctawhatchee Elec. Coop., Inc. v. James E. Moore and wife
  220 So. 2d 20· Fla. 1st DCA· 1969-02-27 ·cited 5×
  In this inverse condemnation case on second appeal, the court affirmed the trial court's determination that Choctawhatchee Electric Cooperative held an eight-foot-wide easement over the Moores' land. The court applied the principle that the burden on the servient estate must not
• Benerofe v. State Rd. Dep't of Fla.
  210 So. 2d 28· Fla. 1st DCA· 1968-05-07 ·cited 5×
  In a condemnation action, the court upheld the trial court's ruling that a property owner could not introduce evidence of severance damages for loss of access where no limited access highway was being constructed and no actual taking of ingress or egress rights had occurred or wa
• Cent. & S. Fla. Flood Control Dist. v. Scott
  169 So. 2d 368· Fla. 2d DCA· 1964-12-04 ·cited 5×
  Residents of the unincorporated town of Olga sought a mandatory injunction requiring the state and county to replace a public bridge removed during a river-widening project and relocated five miles away. The court reversed dismissal and held that plaintiffs failed to state a caus
• Campbell v. State of Fla. Dep't of Transp.
  267 So. 3d 541· Fla. 1st DCA· 2019-03-28 ·cited 4×
  Competent, substantial evidence supported the trial court's finding that FDOT continuously and uninterruptedly maintained the subject property for four years beginning no later than May 22, 2007, causing title to vest in FDOT on May 22, 2011, under section 95.361, Florida Statute
• Polk Cnty. v. Highlands-In-The-Woods, L.L.C.
  227 So. 3d 161· Fla. 2d DCA· 2017-05-19 ·cited 4×
  Polk County appeals the denial of its motion for attorney fees under section 768.79, Florida Statutes, following summary judgment in its favor against Highlands-in-the-Woods in a takings and inverse condemnation case. The court reverses, holding that Polk County's settlement prop
• Annex Indus. Park, LLC v. City OF Hialeah
  218 So. 3d 452· Fla. 3d DCA· 2017-04-12 ·cited 4×
  Annex Industrial Park appealed the trial court's dismissal of its amended third-party complaint against the City of Hialeah and denial of leave to amend. The appellate court reversed, holding that the trial court abused its discretion by denying Annex leave to amend its complaint
• Brevard Cnty. v. Morehead
  181 So. 3d 1229· Fla. 5th DCA· 2015-12-18 ·cited 4×
  Brevard County sought a writ of prohibition to prevent a trial court from proceeding with breach of implied contract, quantum meruit, and unjust enrichment claims. The appellate court granted the petition, finding that the County retained sovereign immunity because no express wri
• Beyer v. City OF Marathon
  197 So. 3d 563· Fla. 3d DCA· 2013-11-06 ·cited 4×
  The court held that the Beyers were not deprived of all economically beneficial use of their property, thus affirming the summary judgment.
• Pinellas Cnty. v. Baldwin
  80 So. 3d 366· Fla. 2d DCA· 2012-01-20 ·cited 4×
  Pinellas County challenged venue in an inverse condemnation suit filed by Ms. Baldwin in Hillsborough County for alleged unlawful flooding of her property. The court affirmed the denial of the County's motion to dismiss, holding that the sword-wielder exception to the home venue
• Beyer v. City OF Marathon & The State of Fla.
  37 So. 3d 932· Fla. 3d DCA· 2010-06-09 ·cited 4×
  Gordon and Molly Beyer challenged the City of Marathon's denial of their beneficial use determination (BUD) for Bamboo Key, an offshore island property that became unbuildable under the 1996 Comprehensive Plan's bird rookery designation. The trial court granted summary judgment b
• Fla. Dep't OF Env't Prot. v. West
  21 So. 3d 96· Fla. 3d DCA· 2009-10-21 ·cited 4×
  The Florida Department of Environmental Protection appealed jury verdicts awarding compensation to property owners for the state's taking of two parcels of land in Key Largo. The court affirmed, holding that compensation must be based on the property's value considering the highe
• Dep't OF Transp. v. Fisher
  958 So. 2d 586· Fla. 2d DCA· 2007-06-27 ·cited 4×
  The Florida District Court of Appeal reversed a summary judgment awarding inverse condemnation damages to property owners whose car wash property was relocated from direct highway access to a frontage road during U.S. 19 reconstruction. The court held that the change in access, w
• Savage v. Palm Beach Cnty.
  912 So. 2d 48· Fla. 4th DCA· 2005-08-31 ·cited 4×
  Property owners challenged a judgment in inverse condemnation proceedings where the trial court excluded expert testimony regarding property blight and the suitability of their Unit 11 land for residential development. The appellate court reversed, holding that the exclusion of t
• Leto v. State of Fla. Dep't of Env't Prot.
  824 So. 2d 283· Fla. 4th DCA· 2002-08-21 ·cited 4×
  Property owners appealed a judgment denying their inverse condemnation claim against the Florida Department of Environmental Protection (DEP) for denying a permit to develop two oceanfront lots. The court affirmed the lower court's finding that no unconstitutional taking occurred
• City OF Treasure Island v. Provident Mgmt. Corp. & Laurence N. Belair
  738 So. 2d 357· Fla. 2d DCA· 1999-06-11 ·cited 4×
  On remand from the Florida Supreme Court, the Second District Court of Appeal addressed whether a municipality has liability for wrongful injunction and whether sovereign immunity applies. The court held that wrongful injunction is a tort claim subject to the statutory liability
• C.E. Huffman Trucking, Inc. v. RED Cedar Corp.
  723 So. 2d 296· Fla. 2d DCA· 1998-10-28 ·cited 4×
  Red Cedar Corporation sued Manatee County and C.E. Huffman Trucking after the County demolished Red Cedar's building without proper notice. The trial court entered partial summary judgments finding both defendants liable and awarded Red Cedar $440,000 in damages. The appellate co
• Palm Beach Cnty. v. Cove Club Invs. Ltd.
  692 So. 2d 998· Fla. 4th DCA· 1997-05-07 ·cited 4×
  Palm Beach County condemned a mobile home lot subject to a declaration requiring owners to pay monthly recreation fees to Cove Club Investors. The trial court found this created a compensable property right in Cove Club Investors for inverse condemnation purposes. The appellate c
• McKEE v. City OF Tallahassee
  664 So. 2d 333· Fla. 1st DCA· 1995-12-14 ·cited 4×
  The estate of John McKee, Jr. appealed a dismissal of its inverse condemnation action challenging the City of Tallahassee's development restrictions on property classified as successional forest. The court affirmed the dismissal on ripeness grounds, holding that the estate failed
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  906 F. Supp. 1509· N.D. Fla.· 1995-11-20 ·cited 4×
  The court held that a due process takings claim is not a distinct cause of action but rather a substantive due process claim, and that the property interest at issue must be considered as a whole, not as severable strands.
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  884 F. Supp. 1544· N.D. Fla.· 1995-02-10 ·cited 4×
  The court held that collateral estoppel precluded relitigation of standing for two plaintiffs who were parties to the state litigation, but not for the other plaintiffs who were not parties to the state case.
• New Port Largo, Inc. v. Monroe Cnty.
  873 F. Supp. 633· S.D. Fla.· 1994-12-21 ·cited 4×
  The court held that the plaintiff's Fifth Amendment takings claim was not ripe because it failed to exhaust state remedies for inverse condemnation. However, the due process claims were ripe.
• Dep't OF Transp. v. DiGERLANDO
  638 So. 2d 514· Fla.· 1994-06-09 ·cited 4×
  Landowners are not automatically entitled to per se declarations of taking and jury trials simply because their property is within an invalidated map of reservation.
• Palm Beach Cnty. v. Wright
  641 So. 2d 50· Fla.· 1994-06-02 ·cited 4×
  The Florida Supreme Court held that Palm Beach County's thoroughfare map designating corridors for future roadways is not facially unconstitutional under the takings clause, distinguishing it from the reservation maps invalidated in Joint Ventures, Inc. v. Department of Transport
• Broward Cnty. v. Wakefield
  636 So. 2d 123· Fla. 4th DCA· 1994-04-20 ·cited 4×
  The court held that the trial court erred in excluding expert testimony regarding noise levels, as the ordinance established noise zones for notice purposes, not as conclusive proof of actual noise levels.