Per Se Taking

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

• Tampa-Hillsborough Cnty. Expressway Auth. v. A.G.W.S. Corp.
  608 So. 2d 52· Fla. 2d DCA· 1992-09-23 ·cited 28×
  The dissenting opinion argues that a landowner is not entitled to just compensation for a temporary taking caused by a map of reservation unless the landowner proves a substantial deprivation of economically beneficial use of the land. The dissent contends that the Florida Suprem
• Sperry Corp. & Sperry World Trade, Inc. v. The United States
  853 F.2d 904· Fed. Cir.· 1988-08-10 ·cited 10×
  The court held that the deduction from Sperry's Iran-United States Claims Tribunal award, mandated by the Iran Claims Settlement Act, constituted a taking of private property for public use without just compensation, violating the Fifth Amendment.
• Pinewood Ests. OF Mich. & Philou Assocs., Ltd. v. Barnegat Twp. Leveling Bd.
  898 F.2d 347· 3d Cir.· 1990-03-07 ·cited 8×
  The court held that a state action permanently removing a landlord's right to evict a tenant constitutes a per se taking under Loretto.
• Teitelbaum v. S. Fla. Water Mgmt. Dist.
  176 So. 3d 998· Fla. 3d DCA· 2015-09-30 ·cited 6×
  Property owners in the Bird Drive Basin appealed a summary judgment dismissing their inverse condemnation and constitutional takings claims based on a theory of "condemnation blight." The court held that while condemnation blight is relevant to valuation in established taking cas
• Nixon v. United States
  978 F.2d 1269· D.C. Cir.· 1992-11-17 ·cited 5×
  The court held that former President Nixon had a compensable property interest in his presidential papers, and the Presidential Recordings and Materials Preservation Act (PRMPA) constituted a per se taking requiring just compensation.
• State v. Miccosukee Vill. Shopping Ctr.
  621 So. 2d 516· Fla. 1st DCA· 1993-07-07 ·cited 4×
  The Florida Department of Transportation appealed a summary judgment in an inverse condemnation case, challenging the trial court's finding that the mere inclusion of property within a reservation map constituted a per se taking. The First District Court of Appeal reversed, adopt
• Gulf Power Co. v. United States
  998 F. Supp. 1386· N.D. Fla.· 1998-03-06 ·cited 2×
  The court held that the Pole Attachment Act's mandatory access provision constitutes a per se taking under the Fifth Amendment because it requires utilities to grant access, thereby divesting them of their right to exclude, and that the FCC cannot determine just compensation for
• Certain Interested Underwriters AT Lloyd's London Subscribing TO Certificate No. TPCLDP217477 v. City OF ST. Petersburg
  864 So. 2d 1145· Fla. 2d DCA· 2003-12-31 ·cited 1×
  This case addresses whether property owners can pursue takings claims under state or federal constitutions when police destroy private property while executing a valid search warrant. The Florida appellate court holds that incidental property damage from lawful government actions
• Epoch Props., Inc. v. City of Palmetto
  M.D. Fla.· 2025-03-04
  The court held that Epoch has standing as a real party in interest and sufficiently alleged equitable title, but dismissed Epoch's per se takings claim because the property retained some economic value.
• Clewiston Commons LLC v. City of Clewiston
  M.D. Fla.· 2024-04-23
  A property owner sued the City of Clewiston and municipal officials over a zoning dispute involving its mobile home park, which was rezoned from residential to commercial in 2007, and the subsequent issuance of termination notices demanding cessation of the non-conforming use. Th
• Orlando BAR Grp., LLC v. Desantis
  Fla. 5th DCA· 2022-06-03
  Temporary COVID-19 executive orders restricting bar operations and alcohol sales constitute regulatory takings subject to the Penn Central balancing test, not per se physical takings, and under Penn Central do not amount to compensable takings because the restrictions were tempor
• Hunt v. State
  Fla. 1st DCA· 2021-01-28
  This case concerns whether a state law banning bump-fire stocks constitutes a "taking" of private property without just compensation. The court held that such a ban, enacted for public safety, is a valid exercise of the state's police power and not a compensable taking of persona
• Dep't OF Transp. v. Joost P. Zyderveld
  647 So. 2d 308· Fla. 5th DCA· 1994-12-16
  The Florida Department of Transportation (DOT) appealed a summary judgment and inverse condemnation award granted to a property owner, Zyderveld. The appellate court reversed, finding that the trial court erred by preventing DOT from presenting evidence that Zyderveld did not suf