Order Of Taking

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

• The Canal Auth. of the State of Fla. v. Miller
  243 So. 2d 131· Fla.· 1970-12-16 ·cited 79×
  The Florida Supreme Court addressed whether the Canal Authority of Florida adequately demonstrated the necessity to take fee simple title (rather than just an easement) for the Cross Florida Barge Canal project. The Court held that a condemning authority must initially prove reas
• City OF Jacksonville v. Griffin
  346 So. 2d 988· Fla.· 1977-03-31 ·cited 50×
  The Florida Supreme Court held that a city seeking to condemn property under eminent domain need only present evidence showing reasonable necessity for the taking, not evidence pinpointing the specific need for the particular parcel sought. The Court rejected an overly restrictiv
• The Canal Auth. of the State of Fla. v. Litzel
  243 So. 2d 135· Fla.· 1970-12-16 ·cited 34×
  The Florida Supreme Court reversed the District Court of Appeal and upheld the Canal Authority's taking of fee simple title to the Litzels' land for the Cross Florida Barge Canal project. The Court held that a condemning authority need only show reasonable necessity for a taking,
• Couse v. The Canal Auth. of the State of Fla.
  209 So. 2d 865· Fla.· 1968-05-01 ·cited 26×
  The Florida Supreme Court held that it has jurisdiction to review by certiorari an interlocutory order of taking in an eminent domain proceeding, despite the order not being final, because such review is necessary to the Court's prescribed constitutional jurisdiction to decide ap
• Canney v. City OF ST. Petersburg
  466 So. 2d 1193· Fla. 2d DCA· 1985-04-03 ·cited 18×
  In this eminent domain case, the court reversed a judgment that reduced Canney's condemnation award by deducting funds paid to subsequent property owners. The court held that Canney, as the original owner at the time of taking, was entitled to all severance damages except those a
• 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
• 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.
• The Sch. Bd. OF Broward Cnty. v. C.E. Viele
  459 So. 2d 354· Fla. 4th DCA· 1984-10-31 ·cited 16×
  A condemning authority's decision on property necessity will not be overruled if it acted legally, in good faith, and did not abuse its discretion. The trial court erred by applying an incorrect legal standard and substituting its judgment for the condemning authority's.
• Chipola Nurseries, Inc. v. Division of Administration
  294 So. 2d 357· Fla. 1st DCA· 1974-03-28 ·cited 16×
  Chipola Nurseries and other landowners challenged an eminent domain taking of their properties for a three-mile segment of Interstate 10, arguing the Department of Transportation selected the route in bad faith and without proper study of alternatives. The court affirmed the tria
• Jones v. City OF Tallahassee
  304 So. 2d 528· Fla. 1st DCA· 1974-12-05 ·cited 12×
  In an eminent domain proceeding, the City of Tallahassee sought to acquire a permanent easement for electric transmission lines across the appellants' property. The appellate court affirmed the trial court's valuation of the easement at $63,200 (approximately 75% of fee simple va
• The Canal Auth. of the State of Fla. v. Miller
  230 So. 2d 193· Fla. 1st DCA· 1969-12-30 ·cited 12×
  The Canal Authority appealed a trial court's refusal to enter a supplemental order of taking for fee simple title to land needed for the Cross-Florida Barge Canal, arguing it had broad discretion to determine what estate was necessary. The court affirmed, holding that while conde
• City OF Dania v. Broward Cnty.
  658 So. 2d 163· Fla. 4th DCA· 1995-07-19 ·cited 11×
  The court held that a city's alleged loss of tax base and prior infrastructure expenditures do not constitute a direct legal effect on the eminent domain compensation judgment, thus not entitling the city to intervene. Similarly, alleged violations of development review statutes
• Fla. Water Servs. Corp. v. Utils. Comm'n
  790 So. 2d 501· Fla. 5th DCA· 2001-06-22 ·cited 10×
  Florida Water Services Corporation appeals a quick-take eminent domain order allowing the Utilities Commission to condemn the Sugar Mill water and sewer system. The court affirmed, holding that the Commission's appraisal by a non-licensed engineer was valid, no amendment to the d
• State v. Barbara's Creative Jewelry, Inc.
  728 So. 2d 240· Fla. 4th DCA· 1998-06-24 ·cited 10×
  In this eminent domain case, the Florida Department of Transportation sought to take an entire commercial property under section 337.27(2) to avoid higher acquisition costs from a partial taking and associated business damages. The Fourth District Court of Appeal held that the co
• Couse v. The Canal Auth. of the State of Fla.
  194 So. 2d 301· Fla. 1st DCA· 1967-01-31 ·cited 10×
  Petitioners sought certiorari review of an order of taking in an eminent domain proceeding. The court held that while orders of taking are generally interlocutory and not appealable, certiorari is available where a justiciable issue regarding the legality of the taking is timely
• Wilson v. Jacksonville Expressway Auth.
  110 So. 2d 707· Fla. 1st DCA· 1959-04-14 ·cited 10×
  This case involves an interlocutory appeal concerning orders in condemnation proceedings. The court dismissed the appeal because interlocutory appeals are generally not permitted in actions at law, and condemnation proceedings are considered actions at law.
• The Canal Auth. OF the State of Fla. v. Joyce G. Mainer (formerly Joyce Elaine Gay)
  440 So. 2d 1304· Fla. 5th DCA· 1983-10-13 ·cited 8×
  The Canal Authority of Florida appealed from judgments ordering it to return lands and repay purchase prices in condemnation cases after the Cross Florida Barge Canal project was abandoned. The court reversed, holding that the Canal Authority could retain fee simple interests acq
• City OF Clearwater v. Janet Land Corp.
  343 So. 2d 853· Fla. 2d DCA· 1976-12-08 ·cited 8×
  In an eminent domain proceeding, the City of Clearwater sought certiorari review of a trial court order that set aside its Order of Quick Taking on jurisdictional grounds. The District Court of Appeal held that the trial court lacked authority to vacate the order and that the pro
• Camp Phosphate Co. v. Marion Cnty.
  194 So. 2d 302· Fla. 1st DCA· 1967-01-31 ·cited 8×
  The court held that an interlocutory appeal from an order of taking in an eminent domain proceeding is not available, but will treat the appeal as a petition for writ of certiorari if a justiciable issue is shown.
• Fla. Power Corp. v. Griffin
  150 So. 2d 270· Fla. 2d DCA· 1963-01-30 ·cited 8×
  Florida Power Corporation appealed a condemnation judgment awarding just compensation to landowners. After affirmance and issuance of mandate, landowners filed a motion to quash the trial court's disbursement order, claiming it failed to award interest on the judgment as required
• Causeway Vista, Inc. v. State
  918 So. 2d 352· Fla. 2d DCA· 2005-12-14 ·cited 7×
  In this eminent domain case, Causeway Vista challenged a jury verdict awarding it no severance damages after the state condemned part of its property. The court affirmed the taking order but reversed and remanded for a new trial on severance damages only, finding the zero verdict
• Reese v. State
  743 So. 2d 1227· Fla. 4th DCA· 1999-11-17 ·cited 6×
  Property lessees appealed the trial court's denial of attorney's fees based on profits earned during an extended possession period following condemnation of their leased Shell station. The court affirmed, holding that profits derived from the lessees' own business operations do n
• Orlando/Orange Cnty. Expressway Auth. v. Orange N. Assocs.
  590 So. 2d 1099· Fla. 5th DCA· 1991-12-27 ·cited 6×
  The court held that a landowner need only show an invasion of a property right to establish a taking, not necessarily damages prior to the order of taking.
• Broward Cnty. v. Carney
  586 So. 2d 425· Fla. 4th DCA· 1991-09-04 ·cited 6×
  Broward County appeals from a trial court's order requiring it to deposit funds in excess of its good faith estimate of value in an eminent domain proceeding involving three single-family home parcels. The court affirms, holding that the order of taking determines the right to im
• State of Fla. Dep't OF Natural Res. v. Hudson Pulp & Paper Corp.
  363 So. 2d 822· Fla. 1st DCA· 1978-09-18 ·cited 6×
  The Florida Department of Natural Resources sought to condemn subsurface oil, gas, and mineral rights owned by Ford through eminent domain to preserve a freshwater recharge area. The trial court granted Ford's summary judgment for full compensation based on his alleged ownership
• 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
• Pichowski v. Fla. GAS Transmission Co.
  857 So. 2d 219· Fla. 2d DCA· 2003-08-08 ·cited 4×
  Florida Gas Transmission Company sought to use quick-take eminent domain procedures under chapter 74 to acquire property for a natural gas pipeline. The court held that FGTC, as a private wholesale natural gas transmission company, does not qualify as a public utility corporation
• City OF Cocoa v. Holland Props., Inc.
  625 So. 2d 17· Fla. 5th DCA· 1993-09-03 ·cited 4×
  The City of Cocoa appeals the trial court's denial of an order of taking for Holland Properties' land needed for water well sites. The appellate court reverses, holding that Cocoa satisfied its burden of establishing reasonable necessity for the taking through the state water man
• Maples v. State
  588 So. 2d 25· Fla. 1st DCA· 1991-10-21 ·cited 4×
  The court affirmed an order of taking for real property, finding that the landowners' challenge to the taking based on the Department of Transportation's alleged failure to meet permitting requirements was not properly preserved for appeal.
• Dep't of Transp. v. Heathrow Land & Dev. Corp.
  579 So. 2d 183· Fla. 5th DCA· 1991-04-11 ·cited 4×
  The Florida Department of Transportation appealed an order requiring it to compensate a billboard owner for the taking of his advertising sign during an eminent domain proceeding to enlarge an Interstate 4 interchange. The court held that the Federal Uniform Relocation Assistance
• State v. Young
  539 So. 2d 596· Fla. 2d DCA· 1989-03-10 ·cited 4×
  The Florida Department of Transportation appealed a directed verdict granted in favor of property owners challenging a condemnation action. The court reversed, holding that DOT presented sufficient evidence of reasonable necessity for taking the property to widen an unsafe bridge
• Jacksonville Transp. Auth. v. Cont'l Equities, Inc.
  462 So. 2d 74· Fla. 1st DCA· 1985-01-03 ·cited 4×
  Jacksonville Transportation Authority appeals a summary judgment finding that Continental Equities has an equitable interest in land that JTA condemned and must compensate. The court reverses, holding that Continental's claim is barred by res judicata and collateral estoppel base
• Division OF Administration v. Decker
  450 So. 2d 1220· Fla. 2d DCA· 1984-05-23 ·cited 4×
  The Department of Transportation appealed a trial court's award of $205,000 in attorneys' fees to property owners during a pending eminent domain proceeding before its conclusion. The court reversed, holding that attorneys' fees in eminent domain cases must be determined only aft
• Canal Auth. OF the State OF Fla. v. Harbond, Inc.
  433 So. 2d 1345· Fla. 5th DCA· 1983-07-07 ·cited 4×
  The Canal Authority of Florida appeals a trial court's decision rescinding a 1965 final judgment in an eminent domain proceeding on grounds of constructive fraud. The court reverses, holding that a final condemnation judgment can only be collaterally attacked for extrinsic fraud,
• Broward Cnty. v. Greyhound Rent-A-Car, Inc.
  435 So. 2d 309· Fla. 4th DCA· 1983-07-06 ·cited 4×
  Broward County's appeal of a condemnation order is granted because the trial court ordered deposit of funds for property not alleged to be condemned, constituting fundamental error despite the county's procedural waiver.
• Behm v. Division OF Administration
  366 So. 2d 828· Fla. 4th DCA· 1979-01-24 ·cited 4×
  In this eminent domain case, the court held that a condemnee is not entitled to interest on a final judgment for the period during which an unsuccessful appeal was pending. The court rejected the condemnee's constitutional arguments and affirmed the trial court's order limiting i
• Cement Prods. Corp. OF Sarasota, Inc. v. Division OF Administration
  363 So. 2d 866· Fla. 2d DCA· 1978-11-01 ·cited 4×
  Cement Products Corporation sought certiorari review of an eminent domain order of taking issued by the trial court. The appellate court dismissed the petition as untimely filed, holding that an unauthorized motion for rehearing of an interlocutory order does not toll the 30-day
• Hodges v. Jacksonville Transp. Auth.
  353 So. 2d 1211· Fla. 1st DCA· 1977-12-23 ·cited 4×
  Property owners challenged an eminent domain Order of Taking by the Jacksonville Transportation Authority for a highway realignment. The court partially granted certiorari, finding violations of statutory requirements for municipal consent and failure to adequately justify reason
• Silver Springs, Inc. v. The Canal Auth. of the State of Fla.
  252 So. 2d 295· Fla. 1st DCA· 1971-09-09 ·cited 4×
  Silver Springs sought certiorari to review a trial court's denial of motions to modify a condemnation order for the Cross Florida Barge Canal project. The appellate court quashed the trial court's orders denying modification of the estate taken and exclusion of a recreational par
• Litzel v. The Canal Auth. of the State of Fla.
  230 So. 2d 164· Fla. 1st DCA· 1969-12-30 ·cited 4×
  The court held that the evidence was insufficient to support the necessity of awarding a fee simple title to the condemnor, departing from the essential requirements of law.
• Trien v. Dade Cnty.
  222 So. 2d 456· Fla. 2d DCA· 1969-05-16 ·cited 4×
  The Florida District Court of Appeal dismissed an interlocutory appeal of an order of taking in an eminent domain proceeding, holding that such orders are not appealable as a matter of right under the former rules of appellate procedure unless they meet the stringent requirements
• McMURRER v. Marion Cnty.
  936 So. 2d 19· Fla. 5th DCA· 2006-06-16 ·cited 3×
  In an eminent domain case, landowners appealed the trial court's reinstatement of a quick-take order after the county failed to deposit the required good-faith estimate within the statutory 20-day deadline. The appellate court reversed, holding that the trial court lacked authori
• City OF Jacksonville v. Twin Rests., Inc.
  953 So. 2d 720· Fla. 1st DCA· 2007-04-09 ·cited 2×
  The City of Jacksonville appeals a jury verdict awarding Twin Restaurants $685,000 in severance damages for a restaurant property affected by median construction on Collins Road. The court reverses, holding that severance damages are unavailable when the claimed damages result fr
• Seminole Cnty. v. Sanford Court Invs., Ltd.
  743 So. 2d 1165· Fla. 5th DCA· 1999-10-22 ·cited 2×
  In this eminent domain appeal, Seminole County challenged a jury award of business damages to tenants whose leases were terminated by the property owner after a partial taking. The Fifth District reversed the business damages award, holding that tenants can only recover damages f
• Sec. Mgmt. Corp. v. State
  718 So. 2d 339· Fla. 4th DCA· 1998-09-23 ·cited 2×
  Security Management Corp. and the Posner trustees challenged a Department of Transportation order taking their property for a state transportation facility. The Fourth District affirmed the taking order, holding that the trial court properly found the department did not abuse its
• Hillsborough Cnty. v. Lutz Realty & Inv. Co.
  553 So. 2d 1320· Fla. 2d DCA· 1989-12-13 ·cited 2×
  Hillsborough County appealed a trial court order that limited its eminent domain taking of adjacent property to Nye Park to only one-half acre for parking, rather than the requested five acres for expanded recreational facilities. The court affirmed, holding that when condemning
• Klatt v. Fla. Power & Light Co.
  414 So. 2d 213· Fla. 4th DCA· 1982-04-14 ·cited 2×
  Florida Power & Light Company sought to condemn a 30-foot strip of the Klatts' and Winchester's property for electrical transmission lines. The court reversed the condemnation order, holding that while the company needed 10 feet, it failed to establish necessity for the additiona
• Niles v. The Cnty. OF Volusia
  405 So. 2d 1046· Fla. 5th DCA· 1981-11-11 ·cited 2×
  Withdrawal of a good faith estimate of value deposited in condemnation proceedings does not automatically dismiss an appeal from an order of taking, as such orders are non-final.
• Ragland v. State of Fla. Dep't OF Transp.
  242 So. 2d 475· Fla. 1st DCA· 1970-12-08 ·cited 2×
  The court held that the petitioner failed to demonstrate that the order of taking for the highway should be delayed or denied, as there was no competent substantial evidence of an arbitrary decision or abuse of discretion.
• Town OF Palm Beach v. City OF W. Palm Beach
  239 So. 2d 835· Fla. 4th DCA· 1970-10-09 ·cited 2×
  The Town of Palm Beach challenged West Palm Beach's use of eminent domain to acquire land within Palm Beach's boundaries for construction of a sewage disposal system with an ocean outfall. The court held that Florida law authorizes municipalities to condemn property in other muni