Severance Damages

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

• Fla. Power & Light Co. v. S.B. Jennings
  518 So. 2d 895· Fla.· 1987-09-03 ·cited 22×
  The Florida Supreme Court addressed whether evidence of public fear regarding health hazards from high-voltage transmission lines is admissible in eminent domain proceedings to support property damage valuations. The Court held that public fear affecting market value is admissibl
• United States v. 101.88 Acres OF Land
  616 F.2d 762· 5th Cir.· 1980-05-05 ·cited 22×
  An appellate court may review an interlocutory order in a condemnation proceeding if it is collateral, separable, and fundamental to the further conduct of the case, even if it does not dispose of the entire action.
• Reginald C. Kendry et ux. v. Division OF Administration
  366 So. 2d 391· Fla.· 1978-12-07 ·cited 22×
  The Florida Supreme Court addressed whether property owners can recover severance damages when the state violates restrictions in a perpetual easement by partially taking property. The Court held that landowners are entitled to severance damages for harm to the remainder of their
• United States v. Winnebago Tribe OF Nebraska
  542 F.2d 1002· 8th Cir.· 1976-09-29 ·cited 22×
  The court held that the United States lacked authority to condemn tribal lands held in trust under a treaty without express congressional intent to abrogate the treaty, and that severance damages for groundwater rise constituted a taking compensable under the Tucker Act, not a ma
• United States v. 1
  498 F.2d 1298· 8th Cir.· 1974-06-20 ·cited 22×
  The court held that the trial court properly determined that the condemned tracts and Parcel A constituted a single unit for valuation purposes and that its findings on before-taking and after-taking values were supported by substantial evidence and not clearly erroneous.
• Morgan v. United States
  356 F.2d 17· 8th Cir.· 1966-02-07 ·cited 22×
  The court held that even if a commission's report predates the Merz decision, it can be affirmed if it sufficiently demonstrates fairness, safeguards against bias, and reveals the evaluation process, especially when the landowners fail to make specific objections.
• United States v. Lewis
  308 F.2d 453· 9th Cir.· 1962-07-10 ·cited 22×
  A commission's report in a condemnation case must provide sufficient detail for the district court to review factual disputes and valuation principles, and the district court abuses its discretion by ruling on objections without a transcript when the objections require examinatio
• United States v. The Bd. OF Educ. OF THE Cnty. OF Mineral
  253 F.2d 760· 4th Cir.· 1958-02-27 ·cited 22×
  The court held that the cost of acquiring substitute property is a proper measure of just compensation when the condemned property has no market value for its highest and best use.
• Cade v. United States
  213 F.2d 138· 4th Cir.· 1954-05-10 ·cited 22×
  The court held that excluding expert testimony on the value of specific components of condemned land, such as a rock deposit, was an error that prejudiced the landowner.
• Naegele Outdoor Advertising, Inc. v. City OF Durham
  844 F.2d 172· 4th Cir.· 1988-04-15 ·cited 21×
  The court affirmed the dismissal of the First Amendment claim, finding the ordinance constitutional, but vacated the dismissal of the Fifth Amendment takings claim, remanding for further factual development.
• United States v. 87.30 Acres OF Land
  430 F.2d 1130· 9th Cir.· 1970-08-06 ·cited 21×
  The court held that the cost of relocating an elevator, potential port site value based on a revocable permit, and severance damages to non-contiguous land owned by third parties are not compensable in a federal eminent domain proceeding.
• Division of Administration v. Frenchman, Inc.
  476 So. 2d 224· Fla. 4th DCA· 1985-08-07 ·cited 20×
  The Florida Fourth District Court of Appeal reversed a jury award of $190,000 in severance damages in a condemnation case involving the state's taking of a strip of land from a golf course, holding that the trial court erred by permitting cost-to-cure testimony without first esta
• LEE Cnty. v. The Exch. Nat'l Bank OF Tampa
  417 So. 2d 268· Fla. 2d DCA· 1982-05-28 ·cited 20×
  Lee County appealed a condemnation judgment awarding severance damages to a landowner whose 127 acres were taken as part of an airport buffer zone. The court held that severance damages for diminution in value caused by proximity to the airport on other condemned land are not rec
• The Canal Auth. of the State of Fla. v. Ocala Mfg.
  332 So. 2d 321· Fla.· 1976-04-14 ·cited 20×
  The Florida Supreme Court reversed the District Court of Appeal's decision holding the Canal Authority liable for attorney's fees and costs incurred by Ocala Manufacturing in federal condemnation proceedings. The Court held that the Canal Authority acted within its statutory auth
• State of Fla. Dep't OF Transp. & Volusia Cnty. v. Byrd
  254 So. 2d 836· Fla. 1st DCA· 1971-11-30 ·cited 20×
  The State of Florida and Volusia County appealed a jury verdict awarding severance damages to property owners whose motel property was partially taken for highway widening. The court affirmed the judgment, holding that expert testimony suggesting the property owners could mitigat
• John E. Hill and his wife v. Marion Cnty.
  238 So. 2d 163· Fla. 1st DCA· 1970-07-30 ·cited 20×
  In an eminent domain condemnation proceeding for a highway right-of-way, landowners appealed from a judgment that excluded expert testimony using the 'cost to cure' method to calculate severance damages. The court held that the constitutional requirement of 'full compensation' ma
• United States v. Lambert
  146 F.2d 469· 2d Cir.· 1944-12-29 ·cited 20×
  The court held that the trial judge could assess the award without commissioners, and that the award amount was not clearly erroneous, considering the specific facts and applicable law.
• Broward Cnty. v. Bharat Patel
  641 So. 2d 40· Fla.· 1994-05-19 ·cited 18×
  The Florida Supreme Court held that in eminent domain proceedings involving severance damages, evidence that future zoning variances could mitigate losses is admissible, but only if the party demonstrates a reasonable probability the variance will be granted, and the evidence mus
• 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
• United States v. 20.53 Acres OF Land
  478 F.2d 484· 10th Cir.· 1973-05-15 ·cited 18×
  The court held that the Commission's findings were insufficient for review because they failed to explain the reasoning, valuation methods, and pathway to the award, violating the standards set in United States v. Merz.
• Benerofe v. State Rd. Dep't of Fla.
  217 So. 2d 838· Fla.· 1969-01-15 ·cited 18×
  The Florida Supreme Court discharged a writ of certiorari, affirming that the condemnation of fee simple title in a strip of land for a state highway does not automatically extinguish an abutting landowner's easement rights of ingress and egress. The court held that such easement
• United States v. Leila Brown Birnbach
  400 F.2d 378· 8th Cir.· 1968-09-16 ·cited 18×
  The court held that landowners are not entitled to severance damages based on the enhancement value of riparian rights when the government takes land for navigation purposes, as these rights are subordinate to the government's superior interest in navigation.
• State OF Cal. v. United States
  395 F.2d 261· 9th Cir.· 1968-05-22 ·cited 18×
  The court held that the State of California is entitled to compensation for condemned underwater parcels, even if substitute facilities are not required, and that the measure of compensation should consider any profitable uses of the land that remain after dedication.
• Vinny C. Smith v. City OF Tallahassee
  191 So. 2d 446· Fla. 1st DCA· 1966-10-04 ·cited 18×
  The court held that the trial court erred in allowing cross-examination suggesting the property owners could bridge over a drainage easement, as such privileges must be formally established in the condemnation proceedings.
• United States v. Vater
  259 F.2d 667· 2d Cir.· 1958-09-26 ·cited 18×
  The court held that the district judge erred by deciding just compensation issues on the record made before commissioners without a full trial de novo, violating due process.
• Miller v. United States
  137 F.2d 592· 3d Cir.· 1943-08-13 ·cited 18×
  The court held that a jury verdict in a condemnation case, supported by substantial evidence and approved by the trial court, is conclusive on appeal, even if arguably against the weight of the evidence. Speculative claims, like a "mental hazard" from a dam, are not compensable d
• 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
• L.N. Murray v. Dep't OF Transp.
  687 So. 2d 825· Fla.· 1997-01-30 ·cited 16×
  The Florida Supreme Court held that in eminent domain cases involving partial takings of established businesses, business damages need not be calculated using a rigid formula requiring all fixed expenses to be deducted from lost sales. Instead, courts may permit expert testimony
• United States v. 33.5 Acres OF Land
  789 F.2d 1396· 9th Cir.· 1986-05-19 ·cited 16×
  The court held that evidence of potential noxious weed infestation, affecting market value at the time of taking, is admissible as severance damages in a condemnation proceeding.
• Division OF Administration v. Jirik
  471 So. 2d 549· Fla. 3d DCA· 1985-05-14 ·cited 16×
  Florida's Department of Transportation appeals an inverse condemnation judgment finding that construction of a retaining wall along a public road constituted a taking of Clara Jirik's property by substantially diminishing access to one of her three platted lots. The court affirms
• United States v. 8.41 Acres OF Land
  680 F.2d 388· 5th Cir.· 1982-07-14 ·cited 16×
  The court held that the condemned strips of land were not constructively severed from the parent tracts and that the before-and-after valuation method, based on the highest and best use as industrial sites, should be applied.
• United States v. Benning
  330 F.2d 527· 9th Cir.· 1964-02-14 ·cited 16×
  The court held that the Commission's determination of highest and best use, considering reasonable future probability of residential development, and the allowance of severance damages based on that probability, were not clearly erroneous.
• United States v. Pope & Talbot, Inc.
  293 F.2d 822· 9th Cir.· 1961-06-14 ·cited 16×
  The court held that severance damages are recoverable for the diminution in market value of remaining lands caused by the use to which the taken portion is put, but not for damages arising from the government's use of its own adjoining lands. The court also held that increased fi
• United States v. The Meadow Brook Club
  259 F.2d 41· 2d Cir.· 1958-08-06 ·cited 16×
  The court held that the trial judge committed multiple errors in assessing the value of condemned land, warranting reversal and a new trial.
• Boyd v. United States
  222 F.2d 493· 8th Cir.· 1955-05-11 ·cited 16×
  The court held that landowners are entitled to compensation for the diminished market value of their remaining property only if the specific use of the taken portion of their land directly causes that diminution, not merely the general use of the entire project.
• State v. Weggies Banana Boat
  576 So. 2d 722· Fla. 2d DCA· 1990-12-21 ·cited 15×
  In this eminent domain dispute, the Florida Second District Court of Appeal reversed a trial court's order granting a new trial and reinstated a jury verdict awarding zero business damages to a condemnee whose highway access was altered by the Department of Transportation. The co
• Blockbuster Video, Inc. v. State
  714 So. 2d 1222· Fla. 2d DCA· 1998-08-12 ·cited 14×
  Blockbuster Video appeals a summary judgment denying business damages in an eminent domain proceeding where the DOT took part of its leased property. The court reversed, holding that Blockbuster's modest relocation of its store within the same commercial parcel did not restart th
• Orange Cnty. v. Lust
  602 So. 2d 568· Fla. 5th DCA· 1992-05-08 ·cited 14×
  Orange County challenges a circuit court's order quashing the County's denial of a landowner's rezoning application for a 2,100-square-foot agricultural parcel to heavy commercial zoning for a billboard. The appellate court reverses, holding that the trial court applied the wrong
• Ochoa Realty Corp. v. Faria
  815 F.2d 812· 1st Cir.· 1987-04-06 ·cited 14×
  The court held that the appeal of the remand order is unreviewable, the claims for equitable relief were moot, and the damage claims were premature due to failure to exhaust state remedies.
• United States v. 9.20 Acres OF Land
  638 F.2d 1123· 8th Cir.· 1981-01-07 ·cited 14×
  The court held that the district court's findings were not clearly erroneous and affirmed the judgment awarding $15,000 in just compensation for the condemned land.
• Georgia-Pacific Corp. v. The United States
  640 F.2d 328· Ct. Cl.· 1980-12-17 ·cited 14×
  The court adopted the trial judge's report, modified to exclude compensation for delay in payment and to reflect the court's view on that issue. The court found that the establishment of the park did not depreciate the value of the remaining timberlands.
• United States v. 403.14 Acres OF Land
  553 F.2d 565· 8th Cir.· 1977-04-20 ·cited 14×
  The court held that the commission's report was sufficiently detailed to show its reasoning and that the award was supported by evidence and not clearly erroneous.
• Division OF Administration v. Hillsboro Ass'n, Inc.
  286 So. 2d 578· Fla. 4th DCA· 1973-10-12 ·cited 14×
  The Florida District Court of Appeal reversed a jury verdict awarding consequential damages for seawall destruction in an eminent domain proceeding, holding that damages from construction methods are not recoverable in condemnation suits absent negligence, and that there was insu
• United States v. 967
  447 F.2d 764· 8th Cir.· 1971-08-25 ·cited 14×
  The court held that the cabin barges, despite being difficult to remove, were personal property and not compensable fixtures in the condemnation of the land. The court also found that Section 111 of the Rivers and Harbors and Flood Control Act of 1970 applied to the case, requiri
• LeSUER v. State Rd. Dep't of Fla.
  231 So. 2d 265· Fla. 1st DCA· 1970-02-12 ·cited 14×
  In a condemnation proceeding, the State Road Department and Bay County appealed a jury verdict awarding $20,750 for taking 27 feet of the LeSuers' property used for a scrap metal and auto repair business. The appellate court affirmed, holding that relocation and reconstruction co
• Esse Forrester O'Brien v. United States
  392 F.2d 949· 5th Cir.· 1968-03-22 ·cited 14×
  The court held that while the overall compensation award was largely affirmed, the judgment should be modified to include specific severance damages for the loss of legal access to the new roadway.
• DI Virgilio v. State Rd. Dep't of Fla.
  205 So. 2d 317· Fla. 4th DCA· 1967-11-28 ·cited 14×
  In this eminent domain appeal, the court addresses whether property benefits accruing to one portion of a condemned landowner's property can offset damages to another portion separated by the condemned right-of-way. The court holds that tracts need not be physically contiguous to
• United States v. Certain Land IN the Borough OF Brooklyn
  346 F.2d 690· 2d Cir.· 1965-06-09 ·cited 14×
  The court held that the trial court erred in excluding evidence of the City's acquisition costs and in refusing to consider the cost of substitute playground facilities, requiring a new trial.
• Myra Found. v. United States
  267 F.2d 612· 8th Cir.· 1959-06-17 ·cited 14×
  The court held that the jury's verdict on severance damages was supported by the evidence, and the trial court did not err in its quotient verdict instruction.
• 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.