Order Of Taking

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

• Sw. Fla. Water Mgmt. Dist. v. Shea
  86 So. 3d 582· Fla. 2d DCA· 2012-04-27 ·cited 1×
  The court held that contesting an order of taking is not a supplemental proceeding under section 73.092(2), Florida Statutes, and thus attorney's fees cannot be awarded under that provision for such actions.
• Dames v. 926 Co., Inc.
  925 So. 2d 1078· Fla. 4th DCA· 2006-03-15 ·cited 1×
  In this eminent domain apportionment case, the court reversed the trial court's denial of the Dames' claim for compensation based on their leasehold interest in property taken by the Delray Beach Community Redevelopment Agency. The court held that the Dames had a compensable leas
• Rorabeck's Plants & Produce, Inc. v. The Sch. Dist. OF Palm Beach Cnty.
  853 So. 2d 473· Fla. 4th DCA· 2003-07-02 ·cited 1×
  The School District of Palm Beach County exercised eminent domain to take a 24.88-acre property owned by Rorabeck's Plants and Produce for an elementary school. Rorabeck challenged the taking of the entire tract, arguing that 2.5 acres were intended for law enforcement use and th
• Thirrel A. Altman, Jr. v. Brevard Cnty.
  Fla. 5th DCA· 2024-10-04
  Property owners appealed an Order of Taking granting Brevard County a perpetual easement over their beachside properties for a beach renourishment project. The dissent argues the trial court erred in interpreting the federal agreement's requirement for public use and access to ap
• Hubbard Invs., Inc. v. Brevard Cnty.
  Fla. 5th DCA· 2020-07-10
  Hubbard Investments appealed a trial court's order granting Brevard County easements for a shore protection project. The appellate court reversed, finding the County's petition defective due to unclear property descriptions and a failure to establish reasonable necessity for the
• Calhoun v. Volusia Cnty.
  26 So. 3d 624· Fla. 5th DCA· 2009-12-31
  A law firm and related service providers appealed a dismissal of their suit seeking attorney's fees and costs incurred by property owners in defending against a threatened county road widening project. The court affirmed, holding that Florida's eminent domain statute does not aut
• City of Hollywood Cmty. Redev. Agency v. 1843, LLC
  980 So. 2d 1138· Fla. 4th DCA· 2008-03-26
  The City of Hollywood Community Redevelopment Agency appealed the trial court's dismissal of its eminent domain petition to condemn a commercial property owned by the Mach family as part of an urban redevelopment project. The appellate court reversed, holding that the CRA present
• Rawls v. Leon Cnty.
  974 So. 2d 543· Fla. 1st DCA· 2008-02-13
  Helen Rawls appealed an order of taking by Leon County to condemn her property for road construction. The court affirmed the condemnation, holding that the County presented substantial competent evidence of reasonable necessity for taking the property, including testimony on cost
• Simmons v. Dep't of Env't Prot.
  849 So. 2d 415· Fla. 2d DCA· 2003-07-09
  Property owners challenged an order of taking in an eminent domain proceeding, arguing the Department of Environmental Protection failed to comply with presuit negotiation requirements and failed to provide a good faith estimate based on valid appraisal. The court affirmed the or
• City OF Sunrise v. Hy Steinberg
  563 So. 2d 704· Fla. 4th DCA· 1990-03-21
  The City of Sunrise appeals an order allowing property owner Steinberg to withdraw a statutory deposit from court registry in a condemnation proceeding. The court affirms, holding that the City failed to sufficiently demonstrate entitlement to a portion of the deposit based on a
• The Hous. Auth. OF the City OF Fort Lauderdale v. State of Fla. Dep't OF Transp.
  385 So. 2d 690· Fla. 4th DCA· 1980-06-18
  The Housing Authority appealed a trial court's order allowing the Florida Department of Transportation to condemn two small parcels of property adjacent to a public housing project for highway improvements. The court affirmed, holding that the doctrine of prior public use does no
• Fla. E. Coast Ry. Co. v. City OF Miami
  372 So. 2d 152· Fla. 3d DCA· 1979-06-12
  Florida East Coast Railway Company appeals a trial court order authorizing the City of Miami to condemn railroad property for a public park. The court upholds Miami's statutory authority to condemn the property and rejects the railroad's affirmative defense that the property is n
• City of Lakeland v. Bunch
  39 Fla. Supp. 185· Polk Cty. Cir. Ct.· 1973-09-26
  A Florida circuit court struck down statutory provisions allowing municipalities to obtain orders of taking in eminent domain proceedings without providing landowners prior notice and hearing before the city commission's decision. The court held that these procedures violated due
• Valleybrook Developers, Inc. v. Gulf Power Co.
  272 So. 2d 167· Fla. 1st DCA· 1973-01-25
  Valleybrook Developers challenged an order of taking issued by the trial court in an eminent domain proceeding by Gulf Power Company. The Florida appellate court held that common law certiorari is the proper procedure to review orders of taking, and reversed the order because the
• Lake Cnty. v. Vickers
  36 Fla. Supp. 61· Lake Cty. Cir. Ct.· 1971-04-26
  Lake County sought to condemn a 170-foot strip of land along the Dora Canal for park purposes, but the court limited the taking to 120 feet, balancing the county's preservation goals against the private owner's development rights. The case establishes that public necessity—not me
• Raymond A. Clouse and his wife v. Marion Cnty.
  214 So. 2d 364· Fla. 1st DCA· 1968-09-26
  Property owners challenged Marion County's condemnation of their land for a borrow pit and haul road, arguing the County should take only an easement rather than fee simple title. The appellate court held that evidence of the State Road Department's original intent to obtain mere