Severance Damages

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

• Niagara Mohawk Power Corp. v. Fed. Power Comm'n
  379 F.2d 153· D.C. Cir.· 1967-05-18 ·cited 112×
  The Federal Power Commission has statutory authority to assign an effective date earlier than the license issuance date for projects operated without a license, as a reasonable exercise of its implied powers.
• Baetjer v. United States
  143 F.2d 391· 1st Cir.· 1944-06-26 ·cited 77×
  The court held that integrated use, not physical contiguity, is the test for determining if separate land parcels constitute a single tract for severance damages in eminent domain cases. It also found that evidence of business losses due to over-capacity, if it reflects a depreci
• Daniels v. State Rd. Dep't of Fla.
  170 So. 2d 846· Fla.· 1964-09-30 ·cited 74×
  The Florida Supreme Court held that constitutional Section 29 of Article XVI, which restricts eminent domain takings by private corporations and individuals, does not apply to state agencies or political subdivisions. The court upheld a statute allowing enhancement in value of re
• Int'l Paper Co. v. United States
  227 F.2d 201· 5th Cir.· 1955-11-23 ·cited 70×
  The court held that severance damages to a non-contiguous paper mill could not be awarded because the evidence failed to establish that the taking of timber lands damaged the mill's market value, especially when replacement land was available.
• United States v. Sowards
  370 F.2d 87· 10th Cir.· 1966-12-19 ·cited 68×
  The court held that the landowner's opinion testimony regarding the value of the coal, based on a speculative calculation of tonnage multiplied by a unit price without competent supporting data, lacked probative value and was insufficient to sustain the jury's award.
• United States v. Becktold Co.
  129 F.2d 473· 8th Cir.· 1942-07-13 ·cited 64×
  The court held that heavy machinery and equipment installed in a building for a permanent business operation, under Missouri law, constitute part of the realty and must be included in the condemnation compensation. The court also held that evidence of reproduction cost less depre
• City OF Tampa v. The Tex. Co.
  107 So. 2d 216· Fla. 2d DCA· 1958-06-13 ·cited 57×
  The City of Tampa appeals a condemnation award for taking small corner parcels of property containing filling stations. The court addresses two novel questions: whether property owners can recover consequential damages from public improvements on separate public land, and whether
• State of Fla. Dep't OF Transp. v. Stubbs
  285 So. 2d 1· Fla.· 1973-06-27 ·cited 56×
  The Florida Supreme Court affirmed the District Court's reversal of a trial court's exclusion of severance damages evidence in a condemnation case where the state's construction of Interstate 295 placed the Stubbs' property in a cul-de-sac by rerouting access via an overpass. The
• Atl. Coast Line R. Co. v. United States
  132 F.2d 959· 5th Cir.· 1943-01-13 ·cited 54×
  The court held that the exclusion of the real estate agent's testimony regarding the land's value for industrial purposes was an error, and that evidence of speculative value for undeveloped land should be considered by the jury.
• Division of Administration v. Cap. Plaza, Inc.
  397 So. 2d 682· Fla.· 1981-04-16 ·cited 53×
  The Florida Supreme Court held that property owners have no compensable interest in traffic flow and therefore cannot recover severance damages when road construction merely redirects traffic patterns rather than physically taking land or directly impairing access. The court quas
• United States v. Waymire
  202 F.2d 550· 10th Cir.· 1953-02-28 ·cited 52×
• Houston Tex. GAS & OIL Corp. v. Hoeffner
  132 So. 2d 38· Fla. 2d DCA· 1961-06-30 ·cited 51×
  The court held that the trial judge did not abuse his discretion in refusing to allow the condemnor to amend its petition late in the proceedings or in refusing to admit evidence regarding the condemnor's non-binding policy on land use.
• United States v. Honolulu Plantation Co.
  182 F.2d 172· 9th Cir.· 1950-04-24 ·cited 49×
  A lessee cannot claim severance damages for condemned land in which they have no legal interest, especially when lease agreements explicitly reserve all condemnation compensation to the lessor.
• Wilson v. United States
  350 F.2d 901· 10th Cir.· 1965-09-01 ·cited 48×
  The court held that a commission's findings in a condemnation case are binding on the trial court unless clearly erroneous, and that taking more land than strictly necessary for a public use is permissible if done within authorized discretion and without bad faith.
• Westchester Cnty. Park Comm'n v. United States
  143 F.2d 688· 2d Cir.· 1944-06-05 ·cited 48×
  The court held that the trial court's valuation was supported by substantial evidence and that any procedural errors in admitting testimony were harmless.
• Mulkey v. Division of Administration
  448 So. 2d 1062· Fla. 2d DCA· 1984-03-21 ·cited 45×
  In this eminent domain case, the court reversed a jury award of severance and business damages where the state took approximately 26% of a parcel containing a convenience store and vacant lot. The court held that the trial court erroneously admitted expert testimony based on trea
• Boynton v. The Canal Auth. of the State of Fla.
  311 So. 2d 412· Fla. 1st DCA· 1975-04-24 ·cited 45×
  In this eminent domain case involving the Canal Authority's acquisition of land for the Rodman Pool project, the court reversed a judgment awarding compensation for the taking of 540 acres because expert appraisal testimony lacked a rational, explainable basis and improperly char
• R. J. Widen Co. v. The United States & Commonwealth OF Mass.
  357 F.2d 988· Ct. Cl.· 1966-03-18 ·cited 44×
  The court held that the government's actions constituted a taking of plaintiff's real estate and water rights, for which compensation has been paid, but that incidental damages to personal property and business were not compensable under the Fifth Amendment. The court also awarde
• United States v. 91.90 Acres OF Land
  586 F.2d 79· 8th Cir.· 1978-11-06 ·cited 42×
  The court held that the trial court committed plain error by admitting evidence of consequential damages and improperly aggregating valuation components, necessitating a new trial.
• Taylor v. Bd. OF Pub. Instruction OF Duval Cnty.
  131 So. 2d 504· Fla. 1st DCA· 1961-06-27 ·cited 42×
  An interlocutory order in a law action, other than one relating to venue or personal jurisdiction, is not reviewable by certiorari if a full and adequate remedy exists by appeal after final judgment.
• City OF Fort Lauderdale v. Casino Realty, Inc.
  313 So. 2d 649· Fla.· 1975-02-26 ·cited 41×
  The Florida Supreme Court reversed the District Court of Appeal's holding that Article X, Section 6 of the Florida Constitution requires separate jury verdicts for each owner with separate interests in property condemned in eminent domain proceedings. The Court held that a single
• Belvedere Dev. Corp. v. Dep't of Transp.
  476 So. 2d 649· Fla.· 1985-07-11 ·cited 39×
  The Florida Supreme Court held that riparian rights are property rights that cannot be severed from riparian lands by condemnation without compensation or the property owner's consent. While riparian rights may be separated from upland through bilateral agreement in voluntary tra
• City OF Hollywood v. Jarkesy
  343 So. 2d 886· Fla. 4th DCA· 1977-02-18 ·cited 39×
  The City of Hollywood appealed a trial court's order granting a new trial in an eminent domain proceeding, challenging the court's determination that the jury's verdict on severance damages was inadequate. The Fourth District Court of Appeal reversed, finding the trial court acte
• Division OF Administration v. Samter
  393 So. 2d 1142· Fla. 3d DCA· 1981-02-03 ·cited 38×
  The Florida Department of Transportation appeals a $15,000 jury award for severance damages to property condemned for interstate highway construction. The court reverses, holding that the expert appraiser's testimony was inadmissible because it relied on sales of fundamentally no
• Cent. & S. Fla. Flood Control Dist. v. WYE River Farms, Inc.
  297 So. 2d 323· Fla. 4th DCA· 1974-06-07 ·cited 36×
  The Fourth District Court of Appeal reversed the trial court's dismissal of a condemnation action brought by the Central and Southern Florida Flood Control District to acquire land for a federally authorized flood control project. The court held that a condemning authority need n
• Sys. Components Corp. v. Fla. Dep't OF Transp.
  14 So. 3d 967· Fla.· 2009-07-09 ·cited 35×
  The Florida Supreme Court resolved a conflict between appellate districts on whether business damages in eminent domain cases should account for actual post-relocation operations. The Court held that when a business relocates following a partial taking, business damages must be m
• United States v. Smith
  355 F.2d 807· 5th Cir.· 1966-02-01 ·cited 34×
  The court held that evidence of unexercised options to purchase land is inadmissible to establish market value in a condemnation proceeding, and an expert's opinion based on such options is incompetent to support a jury verdict.
• Dep't of Transp. v. Jirik
  498 So. 2d 1253· Fla.· 1986-12-11 ·cited 33×
  The Florida Supreme Court held that vacant urban property platted into separate lots is presumptively treated as separate units for inverse condemnation purposes, rather than as a single tract. The court resolved a conflict between district courts regarding whether contiguous pla
• Evans v. United States
  326 F.2d 827· 8th Cir.· 1964-01-30 ·cited 32×
  Jury verdicts within the range of valuation testimony are conclusive and will not be disturbed as inadequate, and evidence of prior private sales by a witness is inadmissible without a proper foundation.
• United States v. Buhler
  305 F.2d 319· 5th Cir.· 1962-07-06 ·cited 32×
  The court held that the commission erred in valuing airfield improvements based on reproduction costs without sufficient evidence of demand, and in assuming residential use for severance damages when the land was leased for farming.
• Ala. Power Co. v. Fed. Energy Regulatory Comm'n
  685 F.2d 1311· 11th Cir.· 1982-09-17 ·cited 31×
  The court held that the municipal preference in section 7(a) of the Federal Power Act applies to all competitive relicensing cases, including those where the original licensee is also an applicant, and that this preference operates in a tie-breaker situation.
• United States v. 429.59 Acres OF Land
  612 F.2d 459· 9th Cir.· 1980-01-25 ·cited 30×
  The court held that the Commission's findings regarding the highest and best use of the property as a marina, the valuation of the property as an economic unit, and the interest rate for the deficiency award were not clearly erroneous and were supported by the record.
• Coast Indian Community v. The United States
  550 F.2d 639· Ct. Cl.· 1977-02-23 ·cited 30×
  The court held that the plaintiffs, as beneficial owners of the Ranchería, possess a compensable interest in the land, and the BIA's sale of the right-of-way for inadequate consideration constituted a breach of fiduciary duty, not a Fifth Amendment taking.
• Burkhart v. United States
  210 F.2d 602· 9th Cir.· 1954-02-15 ·cited 30×
  The court held that the judgment was not final and therefore not appealable because the district court failed to make an express determination and direction under Rule 54(b) regarding the adjudication of less than all claims.
• Williams v. State of Fla. Dep't OF Transp.
  579 So. 2d 226· Fla. 1st DCA· 1991-04-29 ·cited 28×
  In this eminent domain case, Williams Communications challenged a jury verdict awarding severance and business damages following the Department of Transportation's taking of parking lot property. The appellate court reversed and remanded for a new trial, finding that the trial co
• Miller v. The United States
  620 F.2d 812· Ct. Cl.· 1980-04-16 ·cited 28×
  The court affirmed the trial judge's findings on timber volume, severance damages, and litigation expenses, but modified the interest rate.
• United States v. 3
  416 F.2d 65· 8th Cir.· 1969-10-07 ·cited 28×
  The court held that landowner opinion testimony on land value, even if not strictly based on market price or comparable sales, is admissible and can support jury awards if it has some foundation in the owner's familiarity with the property.
• United States v. Buhler
  254 F.2d 876· 5th Cir.· 1958-04-29 ·cited 28×
  The court held that while a jury trial is generally the norm in condemnation cases, the district court did not abuse its discretion in appointing a commission due to the exceptional character of the property, but the commission's findings were inadequate for review.
• Fla. Dep't OF Transp. v. Armadillo P'rs, Inc.
  849 So. 2d 279· Fla.· 2003-04-24 ·cited 27×
  The Florida Supreme Court quashed the Fourth District's decision that excluded expert appraisal testimony regarding severance damages in an eminent domain case involving a partial taking of a shopping center's property. The Court held that an expert appraiser's methodology should
• The Cnty. OF Volusia v. Niles
  445 So. 2d 1043· Fla. 5th DCA· 1984-01-26 ·cited 27×
  Volusia County appealed a trial court's grant of a new trial on severance damages in a condemnation case. The court held that the trial judge abused its discretion by ordering a new trial based on the jury's zero damage verdict, as the jury was not instructed on nominal damages a
• Glessner v. Duval Cnty.
  203 So. 2d 330· Fla. 1st DCA· 1967-10-17 ·cited 27×
  In an eminent domain proceeding to widen a highway, property owners claimed they were entitled to severance damages and business damages when a portion of their perpetual easement (their only semi-trailer access) was taken. The trial court denied both claims. The court reversed,
• Parker v. Armstrong
  125 So. 2d 138· Fla. 2d DCA· 1960-12-07 ·cited 27×
  The Parker court addressed two issues in an eminent domain proceeding: (1) whether a jury may apportion compensation between fee title owners and leaseholders in a single verdict, and (2) whether the property owner or condemning party has the right to open and close the trial. Th
• Transok Pipeline Co. v. Maxwell Darks
  565 F.2d 1150· 10th Cir.· 1977-11-14 ·cited 26×
  The court held that federal jurisdiction under 25 U.S.C. § 357 extends to non-Indian parties with interests in land also held by restricted Indians, and that pendent jurisdiction was properly exercised over state law claims against these non-Indian parties. The court also affirme
• United States v. 63.04
  245 F.2d 140· 2d Cir.· 1957-06-03 ·cited 26×
  The court held that excluding evidence of a sale subsequent to the taking was an abuse of discretion, requiring a new trial on valuation and related severance damages. The court affirmed the finding that defendants did not hold title to the 'bulge' property.
• United States v. Brooklyn Union GAS Co.
  168 F.2d 391· 2d Cir.· 1948-05-19 ·cited 26×
  The court held that the value of a public utility franchise taken in condemnation must be based on its worth as a business, considering its earning capacity, not on reproduction cost of physical facilities, and that evidence of actual post-taking events can inform prospective val
• Division of Administration v. Ness Trailer Park, Inc.
  489 So. 2d 1172· Fla. 4th DCA· 1986-05-28 ·cited 25×
  The Florida Department of Transportation appeals an amended final judgment awarding severance and business damages in a condemnation proceeding for airport expansion. The court reverses the award of severance damages but affirms the business damages award, holding that severance
• Manatee Cnty. v. Harbor Ventures, Inc.
  305 So. 2d 299· Fla. 2d DCA· 1974-12-04 ·cited 24×
  Manatee County appealed a $69,840 attorney fee award in a condemnation proceeding, challenging it as excessive. The court reversed and remanded, holding that while the trial court has discretion in setting fees, the award exceeded reasonable bounds when calculated at over $517 pe
• United States v. 3
  443 F.2d 104· 8th Cir.· 1971-05-27 ·cited 24×
  The district court erred by allowing evidence of flooding beyond the declared taking, as this improperly expanded the scope of the condemnation proceeding and exceeded the court's jurisdiction.
• Jacksonville Expressway Auth. v. Milford
  115 So. 2d 778· Fla. 1st DCA· 1959-10-22 ·cited 24×
  The Jacksonville Expressway Authority appealed a condemnation judgment awarding property owners damages for a change in grade to an abutting street and prorating ad valorem tax liens between the owners and taxing authorities. The court reversed, holding that property owners canno
• Am. Sav. & Loan Ass'n v. Cnty. OF Marin
  653 F.2d 364· 9th Cir.· 1981-04-06 ·cited 23×
  The court held that the case is ripe for adjudication without requiring the landowner to submit a development plan, and that trial on the question of taking should proceed forthwith.