Severance Damages

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

• The State of Fla. Dep't OF Transp. v. Denmark
  366 So. 2d 476· Fla. 4th DCA· 1979-01-10 ·cited 13×
  The Florida Department of Transportation (DOT) appealed an order granting landowners' motion for judgment notwithstanding the verdict, which increased severance damages awarded by a jury. The appellate court reversed, holding that the landowners waived their right to challenge th
• United States ex rel. & for Use of Tenn. Valley Auth. v. Powelson
  118 F.2d 79· 4th Cir.· 1941-03-10 ·cited 13×
  The court held that the trial court erred in awarding $100,000 in severance damages for transmission lines, as this was covered by a prior agreement, and affirmed the remaining award.
• Fla. Inland Navigation Dist. v. Humphrys
  616 So. 2d 494· Fla. 5th DCA· 1993-03-12 ·cited 12×
  Florida Inland Navigation District appeals an attorney's fees award of $347,800 in an eminent domain proceeding. The appellate court affirmed the trial court's application of section 73.092 and the benefits-based approach to calculating fees, but reversed and reduced the award by
• Trailer Ranch, Inc. v. City OF Pompano Beach
  500 So. 2d 503· Fla.· 1986-12-24 ·cited 12×
  The Florida Supreme Court held that a condemning authority seeking a permanent underground utility easement is entitled to introduce its plans and specifications into evidence at trial to show the jury the extent and manner of the taking, as such evidence is binding on the condem
• United States v. 6
  680 F.2d 396· 5th Cir.· 1982-07-14 ·cited 12×
  The court affirmed the jury's condemnation award, finding no merit in the landowners' claims of bad faith or insufficient evidence, and that the jury was properly instructed.
• Miller v. The United States
  531 F.2d 510· Ct. Cl.· 1976-03-17 ·cited 12×
  The Secretary of the Interior validly modified the park boundaries to exclude certain lands nunc pro tunc, meaning they are deemed never to have been taken.
• United States v. 158.24 Acres OF Land
  515 F.2d 230· 5th Cir.· 1975-06-30 ·cited 12×
  The court held that the trial court did not err in excluding speculative evidence regarding the highest and best use of the condemned land and in applying the before-and-after measure of damages.
• Jones v. City OF Tallahassee
  304 So. 2d 528· Fla. 1st DCA· 1974-12-05 ·cited 12×
  In an eminent domain proceeding, the City of Tallahassee sought to acquire a permanent easement for electric transmission lines across the appellants' property. The appellate court affirmed the trial court's valuation of the easement at $63,200 (approximately 75% of fee simple va
• State v. Shaw
  303 So. 2d 75· Fla. 1st DCA· 1974-11-19 ·cited 12×
  The court held that the jury verdict in the eminent domain proceeding was binding on the value of the home, entitling Shaws to the replacement housing allowance, and that Shaws were entitled to attorneys' fees for the subsequent suit and appeal.
• United States v. 1
  503 F.2d 764· 3d Cir.· 1974-09-03 ·cited 12×
  The court held that the Government did not lose title to the 5.8 acres it purchased and later sold to Layton, and that Layton is entitled to land that reemerged outside of that parcel.
• Walters v. The State Rd. Dep't of Fla.
  239 So. 2d 878· Fla. 1st DCA· 1970-09-17 ·cited 12×
  Landowners appealed from a jury verdict in a condemnation proceeding, challenging the admissibility of the State Road Department's appraiser testimony regarding property value. The court held that the appraiser's valuation methodology was so speculative and conjectural, based on
• United States v. Certain Parcels OF Land Located IN Fairfax AND Loudoun Counties
  384 F.2d 677· 4th Cir.· 1967-10-20 ·cited 12×
  The court affirmed the award of severance damages, finding the commission's report sufficiently specific and the commissioner's qualifications proper.
• United States v. Wateree Power Co. & Millwood Co. (Tracts Nos. N-1327
  220 F.2d 226· 4th Cir.· 1955-03-07 ·cited 12×
  The court held that commissioners were not in error in considering the potential for industrial use and severance damages when determining just compensation, as long as such potential affects market value.
• State v. L.N. Murray
  670 So. 2d 977· Fla. 1st DCA· 1996-01-19 ·cited 10×
  In this eminent domain case, the Department of Transportation appealed a jury award of severance and business damages to restaurant owners whose parking lot was partially taken for road expansion. The court affirmed the exclusion of the Department's cost-to-cure testimony regardi
• Mainer v. Canal Auth. OF the State of Fla.
  467 So. 2d 989· Fla.· 1985-04-18 ·cited 10×
  The Florida Supreme Court held that once a governmental entity acquires land in fee simple through condemnation, purchase, or donation in good faith for a public purpose, the former owner cannot recover the land merely because the intended public use is abandoned or never complet
• United States v. 38.60 Acres OF Land
  625 F.2d 196· 8th Cir.· 1980-07-07 ·cited 10×
  The court held that claims for impaired drainage and scattering of debris on property outside the flowage easement are not compensable as severance damages in a condemnation action, as they constitute claims for inverse condemnation.
• Bryant v. Division OF Administration
  355 So. 2d 841· Fla. 1st DCA· 1978-03-01 ·cited 10×
  The court held that the trial court did not err in allowing an engineer to testify regarding construction plans and that a jury instruction requiring a finding of severance damages before awarding business damages was proper under the circumstances.
• Division OF Administration v. Grant Motor Co.
  345 So. 2d 843· Fla. 2d DCA· 1977-05-04 ·cited 10×
  This case addresses whether a property owner in an eminent domain taking can recover attorney's fees and appraiser's costs incurred in an administrative appeal seeking relocation benefits under federal law. The Florida court held that such costs are not recoverable because the re
• Stubbs v. State of Fla. Dep't OF Transp.
  265 So. 2d 425· Fla. 1st DCA· 1972-08-10 ·cited 10×
  In a condemnation case involving property taken for highway construction, the court reversed the trial court's exclusion of evidence regarding severance damages. The court held that property owners are entitled to recover severance damages when the taking of a road impairs access
• United States v. Evans
  380 F.2d 761· 10th Cir.· 1967-07-14 ·cited 10×
  The court held that noncontiguous tracts used as a single economic unit can be considered a single tract for condemnation damages, and the commissioners' report was not defective.
• Keller St. Dev. Co. v. Commissioner OF Internal Revenue
  323 F.2d 166· 9th Cir.· 1963-09-26 ·cited 10×
  The court held that a threat of condemnation with compensation does not give rise to an obsolescence deduction, but obsolescence can be recognized within a single taxable year if property becomes useless due to external forces.
• Claude Parks and wife v. United States
  293 F.2d 482· 5th Cir.· 1961-07-19 ·cited 10×
  The court held that the district court did not err in setting aside the first commission's award and affirming the second commission's award, as the appellants failed to demonstrate reversible error.
• United States v. Chamberlain Wholesale Grocery Co. & W. G. Cozard
  226 F.2d 492· 8th Cir.· 1955-11-02 ·cited 10×
  The court held that Rule 71A(h) vests broad discretion in the District Court to choose between a jury trial or a commission to determine just compensation in condemnation cases, and no abuse of discretion was found in denying the government's demand for a jury trial.
• 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.
• Dean v. State Rd. Dep't of Fla.
  165 So. 2d 257· Fla. 3d DCA· 1964-06-16 ·cited 9×
  In a condemnation proceeding involving property seized by the State Road Department of Florida for road construction, a jury awarded the Church of the Brethren $24,500 in compensation. The trial judge granted a new trial, but the appellate court reversed, holding that the verdict
• Marcel Castin and Carl Wesley v. Fla. Dep't OF Agric. & Consumer Servs.
  901 So. 2d 1020· Fla. 4th DCA· 2005-05-18 ·cited 8×
  The court affirmed class certification in the Mendez citrus canker case but affirmed denial of certification in the Castin case, holding that individual damages calculations for severance, fruit loss, and aesthetic values precluded class treatment.
• State v. Narendra M. Patel
  768 So. 2d 1173· Fla. 2d DCA· 2000-09-15 ·cited 8×
  The court held that fees for obtaining a non-monetary benefit in an eminent domain case should be based on defeating a whole take, not on the value of the benefit itself, and that expert witness fees for litigating the amount of attorneys' fees are not compensable.
• Dep't OF Transp. v. Rogers
  705 So. 2d 584· Fla. 5th DCA· 1997-11-14 ·cited 8×
  The Florida Department of Transportation appeals a jury verdict in an eminent domain case awarding $705,000 for a condemned Subway restaurant property. The appellate court reverses, holding that testimony regarding projected lost profits of the business was improper business dama
• City OF Tallahassee v. Boyd
  616 So. 2d 1000· Fla. 1st DCA· 1993-02-17 ·cited 8×
  The City of Tallahassee appealed a jury verdict awarding business damages to Weaver Oil Company in an eminent domain action. The court reversed, holding that Weaver Oil failed to allege a sufficient basis for statutory business damages under Florida law because the alleged loss o
• Division OF Administration v. Saemann
  399 So. 2d 359· Fla. 4th DCA· 1981-04-01 ·cited 8×
  The Florida Department of Transportation appealed a judgment in an eminent domain case where a trial court struck the Department's appraiser testimony regarding the value of condemned property because the Department failed to present evidence on severance damages. The appellate c
• United States v. 97.19 Acres OF Land
  582 F.2d 878· 4th Cir.· 1978-09-19 ·cited 8×
  The court held that the trial court erred by excluding evidence of the value of the condemned parcel and severance damages, preventing the landowner from presenting her theory of compensation.
• Division OF Administration v. W. Palm Beach Garden Club
  352 So. 2d 1177· Fla. 4th DCA· 1977-07-26 ·cited 8×
  The Florida Department of Transportation appeals from a condemnation judgment awarding $644,275 for land taken and $1,700,000 in severance damages for Dreher Park in West Palm Beach. The court affirms the land value award but reverses the severance damages award, holding that mer
• Stubbs v. State
  332 So. 2d 155· Fla. 1st DCA· 1976-05-24 ·cited 8×
  The court held that expert testimony based on a misconception of the law or not related to the date of taking should be stricken, and a jury verdict of zero damages was improper when substantial damages were evident.
• United States v. 10.0 Acres
  533 F.2d 1092· 9th Cir.· 1976-02-17 ·cited 8×
  The court held that the destruction of an exclusive easement by the government, which diminishes the value of the dominant estate, constitutes a compensable taking of the easement holder's property interest.
• United States v. 105.40 Acres OF Land
  471 F.2d 207· 7th Cir.· 1972-08-09 ·cited 8×
  The court held that the district court erred in ruling as a matter of law that the condemned parcels could not be considered an integral part of the owner's larger tract for valuation purposes.
• Peebles v. The Canal Auth. of the State of Fla.
  254 So. 2d 232· Fla. 1st DCA· 1971-11-02 ·cited 8×
  The court held that it was reversible error to deny a motion to strike an appraiser's testimony that was based on an assumption of access inconsistent with the condemnation order.
• Boney v. State
  250 So. 2d 650· Fla. 1st DCA· 1971-07-27 ·cited 8×
  In an eminent domain case involving the taking of property for Interstate Highway 1-295, the court reversed a trial court's remittitur that reduced a jury verdict from $5,500 to $525, holding that the property owners were entitled to compensation for severance damages resulting f
• United States v. Cleveland Smith
  307 F.2d 49· 5th Cir.· 1962-07-11 ·cited 8×
  The government cannot escape its obligation to pay for destroyed property rights by cunningly drafting a declaration of taking that ostensibly excludes them.
• Cole Inv. Co. v. United States
  258 F.2d 203· 9th Cir.· 1958-07-21 ·cited 8×
  The court held that the offer of proof regarding severance damages was properly rejected because the appellant failed to demonstrate unity of use and a decrease in the market value of the remaining property.
• United States v. Jones Beach State Parkway Auth.
  255 F.2d 329· 2d Cir.· 1958-05-14 ·cited 8×
  The court held that the trial court correctly determined just compensation by valuing the condemned land based on its highest and best use (residential) and then deducting the depreciation caused by existing easements and restrictions, rather than valuing it as if dedicated to pa
• Puget Sound Power & Light Co. v. Pub. Util. Dist. NO. 1 OF Whatcom Cnty.
  123 F.2d 286· 9th Cir.· 1941-10-24 ·cited 8×
  The court held that the public utility district's taking of properties was a public necessity and that the trial court did not err in its rulings on evidence or jury instructions regarding just compensation.
• Causeway Vista, Inc. v. State
  918 So. 2d 352· Fla. 2d DCA· 2005-12-14 ·cited 7×
  In this eminent domain case, Causeway Vista challenged a jury verdict awarding it no severance damages after the state condemned part of its property. The court affirmed the taking order but reversed and remanded for a new trial on severance damages only, finding the zero verdict
• K-Mart Corp. v. State
  636 So. 2d 131· Fla. 2d DCA· 1994-04-22 ·cited 7×
  K-Mart Corporation appealed the dismissal of its claims in an eminent domain action where the Department of Transportation partially took leased property for highway construction. The court reversed, holding that K-Mart's lease agreement permitted it to recover compensation for t
• Leeds v. City OF Homestead
  407 So. 2d 920· Fla. 3d DCA· 1981-11-17 ·cited 7×
  In an eminent domain case, the trial court denied Leeds' request to recover engineer expert witness fees as costs. The appellate court affirmed, holding that because the engineer's testimony addressed damages from the faulty construction of a sewerage lift station (a tort claim)
• Scutti v. State Rd. Dep't of Fla.
  220 So. 2d 628· Fla. 4th DCA· 1969-03-27 ·cited 7×
  The Scuttis challenged a waiver of damages they signed under pressure from Palm Beach County to obtain an occupancy permit for their building. The Fourth District Court of Appeal reversed the trial court's judgment upholding the waiver, finding it void and unenforceable because t
• Sabal Trail Transmission, LLC v. 2.468 Acres of Land in Levy Cnty. Fla.
  59 F.4th 1158· 11th Cir.· 2023-02-03 ·cited 6×
  A natural gas company sought to condemn property in Florida for a pipeline easement under the federal eminent domain power granted by the Natural Gas Act, resulting in a dispute over whether federal or state law determines the measure of compensation the company must pay to the l
• State v. Tire Ctrs., LLC
  895 So. 2d 1110· Fla. 4th DCA· 2005-01-26 ·cited 6×
  Florida DOT appeals a trial court's exclusion of evidence regarding mitigation of business damages in an eminent domain case involving a partial taking of Tire Centers' property. The court affirms, holding that business damages under Florida's eminent domain statute cannot be mit
• Trinity Temple Church OF GOD IN Christ, Inc. v. Orange Cnty.
  681 So. 2d 765· Fla. 5th DCA· 1996-09-12 ·cited 6×
  Trinity Temple Church of God in Christ challenged an order denying business damages for a partial taking of its property by Orange County. The court held that churches are not entitled to business damages under Florida's condemnation statute because they are not 'businesses' with
• Broward Cnty. v. Carney
  586 So. 2d 425· Fla. 4th DCA· 1991-09-04 ·cited 6×
  Broward County appeals from a trial court's order requiring it to deposit funds in excess of its good faith estimate of value in an eminent domain proceeding involving three single-family home parcels. The court affirms, holding that the order of taking determines the right to im
• United States v. 27.93 Acres OF Land
  924 F.2d 506· 3d Cir.· 1991-01-29 ·cited 6×
  The court held that the district court did not abuse its discretion in denying discovery requests for the government's motive and prior appraisals, nor in excluding evidence of commercial value and internal valuations, as the DiSantos failed to demonstrate a reasonable probabilit