Power Of Eminent Domain

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

• Shavers v. Duval Cnty.
  73 So. 2d 684· Fla.· 1954-06-11 ·cited 96×
  A mortgagee made a defendant in a condemnation proceeding sought attorney's fees and future interest payments beyond the condemnation date. The Florida Supreme Court held that mortgagees, having only a lien and not a proprietary interest in the property, are not entitled to attor
• 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
• 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,
• The Fla. S. R.R. Co. v. Hill
  40 Fla. 1· Fla.· 1898-01-01 ·cited 34×
  The Florida Supreme Court held that landowners whose property is taken by a railroad company without formal condemnation proceedings may enforce an equitable lien for just compensation against the property itself in equity court, rather than seeking an injunction to stop the rail
• Inland Waterway Develop. v. City of Jacksonville
  38 So. 2d 676· Fla.· 1948-12-17 ·cited 29×
  This case involves a city's eminent domain proceeding to acquire land for an electric generating plant. The appellate court affirmed the lower court's decision, holding that the city had the authority to condemn the land and that the defendants failed to demonstrate an abuse of d
• Fountain v. Metro. Atlanta Rapid Transit Auth.
  678 F.2d 1038· 11th Cir.· 1982-06-18 ·cited 26×
  The court held that federal courts have subject matter jurisdiction over claims alleging a taking of property for public use without just compensation, even if the entity lacks eminent domain power, but that abstention is appropriate pending resolution of a parallel state court a
• Thompson v. Charlie Squibb et ux.
  183 So. 2d 30· Fla. 2d DCA· 1966-01-21 ·cited 25×
  Thompson owned a portion of a lot in a residential subdivision subject to restrictive covenants requiring residential-only use. She constructed a roadway across her lot to connect the Thompson Estates subdivision with the neighboring Mobile Home Estates. The trial court granted a
• Broward Cnty. & State Rd. Dep't of Fla. v. Bouldin
  114 So. 2d 737· Fla. 2d DCA· 1959-09-25 ·cited 24×
  Broward County and Florida's State Road Department sought to widen a public road from 18 feet to 24 feet, encroaching 3 feet onto adjacent private property owned by Bouldin. The court upheld the injunction requiring the county to either remove the encroaching pavement or condemn
• Fla. Power & Light Co. v. Rader
  306 So. 2d 565· Fla. 4th DCA· 1975-01-24 ·cited 20×
  Florida Power & Light Company (FP&L) appealed a judgment requiring it to commence condemnation proceedings for an easement over property containing its electric transmission lines. The court reversed, holding that FP&L's unrecorded easement was enforceable against the current own
• City OF Dania v. Cent. & S. Fla. Flood Control Dist.
  134 So. 2d 848· Fla. 2d DCA· 1961-05-17 ·cited 20×
  The City of Dania sought certiorari review of an interlocutory order in an eminent domain action where the Central and Southern Florida Flood Control District sought to condemn city property used as a garbage dump. The court held that a flood control district lacks statutory auth
• Fitchik v. NEW Jersey Transit Rail Operations, Inc.
  873 F.2d 655· 3d Cir.· 1989-04-17 ·cited 17×
  The Eleventh Amendment does not preclude railroad workers from suing NJTRO in federal court under FELA because NJTRO, a subsidiary of NJT, is not an alter ego of the state of New Jersey.
• Citadel Corp. v. Puerto RICO Hwy. Auth.
  695 F.2d 31· 1st Cir.· 1982-12-22 ·cited 16×
  Damage actions against governmental entities for land use policies are not cognizable in federal court, even if the regulation constitutes an unconstitutional taking.
• Joint Ventures, Inc. v. Dep't OF Transp.
  519 So. 2d 1069· Fla. 1st DCA· 1988-01-29 ·cited 15×
  Section 337.241(2)–(3) of the Florida Statutes is constitutional because, although the administrative remedy in subsection (3) may be inadequate in individual cases, the Fifth Amendment and the Florida Constitution guarantee landowners a fundamental right to pursue inverse condem
• State Rd. Dep't OF Fla. v. Southland, Inc.
  117 So. 2d 512· Fla. 1st DCA· 1960-01-21 ·cited 15×
  The Florida Department of State Roads sought to acquire by eminent domain property owned by Southland, Inc. for a right-of-way for a limited-access interstate highway (State Road 9). The trial court dismissed the condemnation proceeding, finding no public necessity at the time be
• Young v. Harris
  599 F.2d 870· 8th Cir.· 1979-06-13 ·cited 14×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the appellants failed to show a likelihood of success on the merits regarding violations of federal statutes and failed to demonstrate irreparable harm.
• Nat'l Labor Relations Bd. v. Natchez Trace Elec. Power Ass'n
  476 F.2d 1042· 5th Cir.· 1973-04-19 ·cited 14×
  An electric power association incorporated under Mississippi law is not a political subdivision of the state for purposes of the National Labor Relations Act, and thus is subject to the Board's jurisdiction.
• Alford v. Finch
  155 So. 2d 790· Fla.· 1963-06-28 ·cited 14×
  The Florida Supreme Court held that the Game and Fresh Water Fish Commission violated landowners' constitutional rights by prohibiting hunting on their private property without compensation, even though the Commission has broad authority to regulate game and establish refuges on
• Hunter Giers Hicks v. United States
  266 F.2d 515· 6th Cir.· 1959-05-13 ·cited 14×
  The court held that testimony regarding erosion damage was admissible, but the landowner failed to prove increased river current caused by tree cutting. Incidental damages for the power lines' impact on market value were awarded.
• Plains Elec. Generation & Transmission Coop., Inc. v. Pueblo OF Laguna & United States
  542 F.2d 1375· 10th Cir.· 1976-10-15 ·cited 13×
  The dissenting judge would affirm the trial court's decision, disagreeing with the majority's interpretation of statutory repeal.
• Reubin O'D. Askew v. Taylor
  299 So. 2d 72· Fla. 1st DCA· 1974-07-25 ·cited 12×
  The Florida Supreme Court affirmed a trial court order requiring the Trustees of the Internal Improvement Fund to approve a fill permit for submerged land in Lake Worth that had been sold to a riparian owner in 1967. The court held that the State's sale of the land implicitly aut
• Gulf Power Co. v. Stack
  296 So. 2d 572· Fla. 1st DCA· 1974-06-25 ·cited 12×
  Gulf Power Company appealed a circuit court judgment dismissing its eminent domain action and denying its right to condemn property owned by the Stacks and Mayos. The court affirmed, holding that Gulf failed to comply with Florida's mandatory statutory requirement that a condemna
• 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
• Nat'l R.R. Passenger Corp. v. TWO Parcels OF Land ONE 1691 SQ. Foot More OR Less Parcel OF Land IN the Town OF NEW London
  822 F.2d 1261· 2d Cir.· 1987-06-30 ·cited 9×
  The court held that Amtrak's condemnation of property for a service road, as part of a cooperative agreement with the city, was within its statutory authority, and that federal law, not state law, governed the measure of just compensation to avoid frustrating federal objectives.
• Philadelphia Nat'l Bank & Philadelphia Nat'l Corp. v. United States
  666 F.2d 834· 3d Cir.· 1981-12-11 ·cited 9×
  Interest paid on obligations of Temple University is not tax-exempt because the university is neither a "political subdivision" of the state nor an entity that issued bonds "on behalf of" the State of Pennsylvania.
• In re Penn Cent. Transp. Co.
  570 F.2d 1189· 3d Cir.· 1978-02-03 ·cited 8×
  The court held that it has jurisdiction over the appeals and that reorganization courts must identify escrow accounts on a case-by-case basis to determine if they qualify as 'cash and other current assets' under the Rail Act.
• United States v. NEW York
  348 F.2d 151· 1st Cir.· 1965-07-15 ·cited 8×
  The court held that the reorganization court's exclusive jurisdiction does not deprive a district court of jurisdiction over a federal condemnation suit for land located within its district, even without the reorganization court's consent.
• State v. Fla. Inland Navigation Dist.
  97 Fla. 839· Fla.· 1929-05-17 ·cited 8×
  The Florida Supreme Court upheld the validation of $1,887,000 in bonds issued by the Florida Inland Navigation District for purchasing an inland waterway canal and securing right-of-way property. Although the court initially found statutory defects regarding the sequencing of rig
• Anderson v. Town OF Groveland
  113 So. 2d 569· Fla. 2d DCA· 1959-07-08 ·cited 7×
  Anderson sought an injunction to prevent the Town of Groveland from taking land he claimed to own, which was platted as a street. The trial court dismissed his fourth amended complaint for failure to state a cause of action, but the appellate court reversed, holding that the comp
• In re Chicago
  739 F.2d 1169· 7th Cir.· 1984-06-28 ·cited 6×
  The court held that the district court abused its discretion by denying the state leave to condemn the abandoned rail line and by declaring the state could not exercise eminent domain power. The court vacated an order regarding the trustee's duty to remove bridges and crossings.
• 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
• Withlacoochee River Elec. Coop., Inc. v. Tampa Elec. Co.
  115 So. 2d 9· Fla. 2d DCA· 1959-09-30 ·cited 6×
  Tampa Electric Company sought a temporary restraining order against Withlacoochee River Electric Cooperative to prevent it from providing electric service to customers in a rural area, claiming the cooperative's actions exceeded its corporate authority. The Florida District Court
• Sys. Components Corp. v. Dep't OF Transp.
  985 So. 2d 687· Fla. 5th DCA· 2008-07-03 ·cited 3×
  System Components Corporation appeals a jury verdict in an eminent domain case, claiming it should recover the full value of its business ($2,394,964) rather than the jury-awarded damages ($1,347,911) that accounted for mitigation through relocation and continued operations. The
• Boston & Me. Corp. v. Interstate Commerce Comm'n & United States
  925 F.2d 427· D.C. Cir.· 1991-02-01 ·cited 2×
  The court denied petitions for rehearing, finding that a recent statutory amendment did not alter the prior interpretation of Amtrak's condemnation authority under 45 U.S.C. § 562(d).
• City OF Centralia v. Fed. Energy Regulatory Comm'n
  799 F.2d 475· 9th Cir.· 1986-09-04 ·cited 2×
  The court held that the Federal Energy Regulatory Commission did not abuse its discretion in favoring an exemption application over a permit application, applying the 'adequate utilization' standard, and finding sufficient property rights documentation, affirming the grant of the
• Griffin v. City OF Jacksonville
  314 So. 2d 605· Fla. 1st DCA· 1975-06-24 ·cited 2×
  Property owners challenged a city's exercise of eminent domain to acquire their industrial fence manufacturing business as part of a neighborhood redevelopment plan. The court held that a city must demonstrate specific necessity for taking a particular parcel, not merely adopt a
• Nat'l Labor Relations Bd. v. The Natural Gas Util. Dist. of Hawkins Cnty.
  427 F.2d 312· 6th Cir.· 1970-03-17 ·cited 2×
  The dissenting judge would grant enforcement of the Board's finding that the District is an 'employer' under the Act.
• Ga. S. & Fla. Ry. Co. v. Duval Connecting R.R. Co.
  187 So. 2d 405· Fla. 1st DCA· 1966-06-09 ·cited 2×
  A circuit court cannot condition a supersedeas bond in an eminent domain proceeding on the landowner paying the condemnor's attorney's fees if the landowner does not defeat the condemnation claim.
• Cline v. Kan. GAS & Elec. Co.
  260 F.2d 271· 10th Cir.· 1958-10-22 ·cited 2×
  The court held that a foreign corporation authorized to do business in Kansas, operating as a public utility, can exercise the power of eminent domain for necessary public purposes, and the description in the condemnation petition was not fatally vague.
• 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
• Boston & Me. Corp. v. Interstate Commerce Comm'n & United States
  911 F.2d 743· D.C. Cir.· 1990-08-10
  The court held that the Commission failed to adequately assess whether Amtrak's condemnation of trackage rights was necessary to meet its passenger service obligations.
• Drayton v. United States
  801 F.2d 117· 3d Cir.· 1986-09-11
  The court held that the 8% interest component of the Certificates of Value is taxable as ordinary income, not eligible for non-recognition under § 374(c) or § 337.
• Consol. Gas Co. of Fla. v. City Gas Co.
  623 F. Supp. 1357· S.D. Fla.· 1985-10-04
  The court denied all three motions for summary judgment, finding material issues of fact in dispute regarding market definition, monopoly power, intent, and antitrust injury.
• Application of KEY W. Ferry Corp.
  43 Fla. Supp. 6· Fla. P.S.C.· 1975-09-30
  The commission held that the proposed service, despite a demonstrated need, did not qualify as a "ferry service" under Chapter 347, Florida Statutes, and therefore could not be granted an exclusive franchise.