Severance Damages

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

• Odell O. Sasnett v. Tampa Elec. Co.
  513 So. 2d 157· Fla. 2d DCA· 1987-08-12 ·cited 6×
  The court held that the appellant lacks standing to challenge the constitutionality of the statute and that the right to business damages is a matter of legislative grace, not constitutional entitlement.
• State v. Fortune Fed. Sav. & Loan Ass'n
  507 So. 2d 1172· Fla. 2d DCA· 1987-05-29 ·cited 6×
  The Florida Department of Transportation sought to take an entire property parcel under section 337.27(3) to minimize acquisition costs, but the court held the statute unconstitutional as it permitted taking property beyond what was necessary for the public purpose, violating Flo
• Howard Johnson Co. v. Division of Administration
  450 So. 2d 328· Fla. 4th DCA· 1984-05-23 ·cited 6×
  Howard Johnson Company appeals a condemnation proceeding in which it sought business damages for temporary loss of revenue during highway construction. The court affirmed the lower court's denial of business damages, holding that losses caused by construction activities and tempo
• Division OF Administration v. Denmark
  356 So. 2d 15· Fla. 4th DCA· 1978-01-17 ·cited 6×
  The court held that the attorney's fee awarded in an eminent domain proceeding was excessive and constituted an abuse of discretion.
• Tuttle v. Division OF Administration
  327 So. 2d 841· Fla. 1st DCA· 1976-02-05 ·cited 6×
  In a condemnation case where the state took property containing a leased sundries store, the court affirmed a jury verdict awarding $12,550 in business damages despite the owner's expert testimony suggesting damages of $64,000 or more. The court held that when the condemning auth
• Duval Prods., Inc. v. City OF Tampa
  307 So. 2d 493· Fla. 2d DCA· 1975-02-07 ·cited 6×
  A Florida property owner sought to rezone a substandard lot from residential (R-3) to commercial (C-1) to construct a billboard, arguing the zoning restriction was unconstitutional. The court affirmed the denial of rezoning, holding that because the property resulted from a conde
• United States v. 2
  471 F.2d 320· 5th Cir.· 1972-12-18 ·cited 6×
  The court held that the district court erred in finding the Canal Authority possessed a compensable interest in the federal condemnation proceeding's subject property, and thus Ocala Manufacturing should receive the full federal judgment award.
• Ozark Real Est. Co. v. United States
  377 F.2d 88· 8th Cir.· 1967-05-16 ·cited 6×
  The court held that the commission's report sufficiently revealed its reasoning and that the landowner could not challenge a procedural method it agreed to.
• United States v. Mattox
  375 F.2d 461· 4th Cir.· 1967-03-08 ·cited 6×
  A landowner is not entitled to severance damages for a diminished value of remaining property if that diminution is speculative and occurred before the landowner purchased the property, especially when the purchase occurred after a government project that rendered the contemplate
• S. Amusement Co. v. United States
  265 F.2d 34· 5th Cir.· 1959-03-24 ·cited 6×
  The court held that the trial court properly excluded speculative evidence regarding potential future uses of the condemned land and that the landowner was not entitled to interest on deposited funds due to their own inaction.
• United States v. Kooperman
  263 F.2d 331· 2d Cir.· 1959-02-03 ·cited 6×
  The court held that the trial court's finding of highest and best use was not clearly erroneous and that severance damages were correctly denied.
• Joynt v. Orange Cnty.
  701 So. 2d 1249· Fla. 5th DCA· 1997-12-05 ·cited 5×
  In this eminent domain case, the Florida appellate court addresses whether the term "right-of-way" in the business damages statute is limited to road takings or can include drainage facility easements. The court reverses the trial court's restrictive interpretation and holds that
• Taylor v. State
  701 So. 2d 610· Fla. 2d DCA· 1997-10-29 ·cited 5×
  The court held that the trial court erred in excluding the landowner's claim for severance damages, as the proffered expert testimony was sufficient to invoke an exception to the general rule.
• Limmiatis v. The Canal Auth. of the State of Fla.
  253 So. 2d 912· Fla. 1st DCA· 1971-11-02 ·cited 5×
  In an eminent domain proceeding, the court affirmed the jury's award of $16,850.00 for land taken, finding no reversible error in the admission of testimony regarding enhancement of the remaining property.
• Benerofe v. State Rd. Dep't of Fla.
  210 So. 2d 28· Fla. 1st DCA· 1968-05-07 ·cited 5×
  In a condemnation action, the court upheld the trial court's ruling that a property owner could not introduce evidence of severance damages for loss of access where no limited access highway was being constructed and no actual taking of ingress or egress rights had occurred or wa
• Dep't OF Transp. v. Fisher
  958 So. 2d 586· Fla. 2d DCA· 2007-06-27 ·cited 4×
  The Florida District Court of Appeal reversed a summary judgment awarding inverse condemnation damages to property owners whose car wash property was relocated from direct highway access to a frontage road during U.S. 19 reconstruction. The court held that the change in access, w
• Dep't OF Transp. v. Duplissey
  751 So. 2d 117· Fla. 5th DCA· 2000-01-07 ·cited 4×
  In this eminent domain case, the Florida Fifth District Court of Appeal reversed a trial court's order granting a new trial on severance damages, holding that a jury may award severance damages less than both the condemnor's good faith deposit and the condemnee's expert testimony
• C.E. Huffman Trucking, Inc. v. RED Cedar Corp.
  723 So. 2d 296· Fla. 2d DCA· 1998-10-28 ·cited 4×
  Red Cedar Corporation sued Manatee County and C.E. Huffman Trucking after the County demolished Red Cedar's building without proper notice. The trial court entered partial summary judgments finding both defendants liable and awarded Red Cedar $440,000 in damages. The appellate co
• City Nat'l Bank OF Fla. v. Dade Cnty.
  715 So. 2d 350· Fla. 3d DCA· 1998-08-12 ·cited 4×
  In an eminent domain case, a landowner appealed the trial court's exclusion of a conceptual site plan as evidence to support severance damages claims when the county condemned a small triangular portion of the owner's property. The court affirmed, holding that unapproved conceptu
• Brevard Cnty. v. Canaveral Props., Inc.
  658 So. 2d 590· Fla. 5th DCA· 1995-07-07 ·cited 4×
  Brevard County appeals a jury verdict awarding severance damages to property owners in an eminent domain case involving the condemnation of land for highway extension. The appellate court reverses, holding that the evidence was insufficient to establish that 660 acres subdivided
• Orlando/Orange Cnty. Expressway Auth. v. Latham
  643 So. 2d 10· Fla. 5th DCA· 1994-08-26 ·cited 4×
  The Expressway Authority appeals a jury verdict awarding $2 million in severance damages in a condemnation proceeding. The court reversed because the trial judge improperly excluded the Authority's expert testimony rebutting the claimant's severance damage theory, denying the Aut
• Partyka v. Fla. Dep't of Transp.
  606 So. 2d 495· Fla. 4th DCA· 1992-10-21 ·cited 4×
  In an eminent domain action where the State condemned part of Partyka's property for road widening, the trial court excluded her site plan exhibits and gave improper jury instructions on severance damages. The Fourth District reversed and remanded for a new trial, holding that si
• United States v. 50.50 Acres OF Land
  931 F.2d 1349· 9th Cir.· 1991-05-01 ·cited 4×
  The court held that interest on deposited funds is only required if government action delays disbursement, and that the landowners were not the prevailing party under the EAJA for cost awards. The court also found the district court erred in determining the interest rate and awar
• Dade Cnty. v. Midic Realty, Inc.
  551 So. 2d 499· Fla. 3d DCA· 1989-08-01 ·cited 4×
  In a condemnation case involving a 327 square foot taking from a 1.4-acre parcel of nine contiguous lots, the Third District Court of Appeal reversed a jury verdict awarding $145,600 in compensation and severance damages, finding that while the trial court properly allowed the tr
• Roadway Express, Inc. v. Dade Cnty.
  537 So. 2d 594· Fla. 3d DCA· 1988-11-01 ·cited 4×
  In this eminent domain case, Roadway Express appeals a jury verdict awarding compensation for property taken by Dade County but denying business damages. The court affirmed the award, holding that the jury verdict was supported by substantial competent evidence and that the denia
• State v. SUN Island Boats, Inc.
  510 So. 2d 603· Fla. 3d DCA· 1987-06-09 ·cited 4×
  A lessee is not entitled to separate compensation for business damages or severance damages for personal property loss in an eminent domain case unless the property qualifies as trade fixtures or functional units, or the statute specifically applies to partial takings.
• Fla. Power & Light Co. v. S.B. Jennings
  485 So. 2d 1374· Fla. 1st DCA· 1986-04-04 ·cited 4×
  Florida Power & Light appealed a jury verdict awarding severance damages in an eminent domain proceeding, challenging the trial court's admission of expert testimony about health hazards from high-voltage transmission lines. The First District Court of Appeal affirmed, holding th
• Division OF Administration v. Decker
  450 So. 2d 1220· Fla. 2d DCA· 1984-05-23 ·cited 4×
  The Department of Transportation appealed a trial court's award of $205,000 in attorneys' fees to property owners during a pending eminent domain proceeding before its conclusion. The court reversed, holding that attorneys' fees in eminent domain cases must be determined only aft
• Cap. Plaza, Inc. v. Division OF Administration
  381 So. 2d 1090· Fla. 1st DCA· 1979-10-11 ·cited 4×
  A property owner is entitled to have a jury consider evidence of substantial impairment of access resulting from a median constructed in connection with a road reconstruction project, as part of the owner's severance damages claim in an eminent domain proceeding. Access is a comp
• Garcia v. State of Fla. Dep't OF Transp.
  342 So. 2d 522· Fla. 3d DCA· 1977-02-01 ·cited 4×
  In a condemnation case for a highway expansion, a landowner challenges a jury verdict awarding him $12,734 in severance damages, arguing that the Department of Transportation's expert witness improperly testified to enhancement value without first establishing the existence of se
• State of Fla. Dep't OF Transp. & Pinellas Cnty. v. ABS, Inc.
  336 So. 2d 1278· Fla. 2d DCA· 1976-09-15 ·cited 4×
  The court held that the trial court erred in granting a new trial based on the loss of direct access, as the jury's finding of no substantial severance damages was supported by evidence.
• Tuttle v. Division OF Administration
  336 So. 2d 583· Fla.· 1976-07-08 ·cited 4×
  The court held that a condemnor must pay the lowest estimate of severance damage given by any expert witness, but this rule does not apply to business damages.
• Home Owners OF Winter Haven, Inc. v. Polk Cnty.
  320 So. 2d 480· Fla. 2d DCA· 1975-10-24 ·cited 4×
  A property owner appeals a jury verdict in a condemnation case, arguing the award was inadequate for land taken by Polk County to widen two roadways in front of a shopping center. The court affirms, holding that the jury's verdict was supported by admissible expert testimony usin
• The E. R. Hitchcock Co. v. United States
  514 F.2d 484· 2d Cir.· 1975-04-03 ·cited 4×
  The court held that the portion of a condemnation award attributable to moving expenses qualifies for nonrecognition of gain under the involuntary conversion statute, 26 U.S.C. § 1033.
• Levit v. State
  248 So. 2d 542· Fla. 1st DCA· 1971-03-25 ·cited 4×
• United States upon the relation & for the Use of the Tenn. Valley Auth. v. 137 Acres OF Land
  406 F.2d 1283· 6th Cir.· 1969-02-21 ·cited 4×
  The court held that the landowners are entitled to compensation for the enhancement in value caused by the state's construction of a highway interchange, as this enhancement was not solely attributable to the TVA's dam project.
• Hungerford v. State Rd. Dep't of Fla.
  212 So. 2d 782· Fla. 2d DCA· 1968-07-17 ·cited 4×
  The Hungerfords appealed a jury verdict awarding them $5,000 in damages for the taking and severance of their property by the State Road Department and Hernando County. The primary issue was whether expert appraisal testimony from the State's witness should have been stricken bec
• United States v. 344.85 Acres OF Land
  384 F.2d 789· 7th Cir.· 1967-06-27 ·cited 4×
  The court held that the district court did not err in refusing the government's proffered jury instruction, as its 'best evidence' language was misleading and the jury instructions provided were adequate.
• United States v. Wake Payne and Delight Payne
  368 F.2d 74· 4th Cir.· 1966-10-19 ·cited 4×
  The court held that the commission's findings regarding damages for a flowage easement were not clearly erroneous and were properly accepted by the district court.
• United States v. Fort Smith River Dev. Corp.
  349 F.2d 522· 8th Cir.· 1965-08-03 ·cited 4×
  The court held that the District Court erred by limiting its consideration of benefits to only navigation, failing to consider other special and direct benefits arising from bank stabilization, channel rectification, and flood control, which were also purposes of the taking.
• Winn v. United States
  272 F.2d 282· 9th Cir.· 1959-11-02 ·cited 4×
  The court held that damages for business loss and loss of access to a limited-access highway are not compensable in this eminent domain action.
• United States v. 2979.72 Acres OF Land
  270 F.2d 707· 4th Cir.· 1959-10-05 ·cited 4×
  The court held that the electric power company is entitled to compensation for the value of its flowage easement, measured by the difference in the fair market value of the land before and after the taking, excluding water power value.
• 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
• Rally's Hamburgers, Inc. v. State
  697 So. 2d 535· Fla. 1st DCA· 1997-06-25 ·cited 3×
  The court held that a factual dispute existed regarding whether the equipment constituted trade fixtures, precluding summary judgment.
• Caspersen v. W. Coast Inland Navigation Dist.
  198 So. 2d 65· Fla. 2d DCA· 1967-04-19 ·cited 3×
  In this condemnation case, the West Coast Inland Navigation District sought to acquire a perpetual easement over approximately 76 acres of the property owner's 400-acre tract to construct and maintain a canal. The jury awarded $59,400 in damages to the property owner, and on appe
• Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake Cnty. Fla.
  947 F.3d 1362· 11th Cir.· 2020-01-22 ·cited 2×
  The court held that a property owner's testimony regarding the value of her land, based on her personal knowledge and experience, is admissible lay opinion testimony. The court also held it lacked jurisdiction to review the award of attorney's fees and costs because the amount ha
• City OF Jacksonville v. Twin Rests., Inc.
  953 So. 2d 720· Fla. 1st DCA· 2007-04-09 ·cited 2×
  The City of Jacksonville appeals a jury verdict awarding Twin Restaurants $685,000 in severance damages for a restaurant property affected by median construction on Collins Road. The court reverses, holding that severance damages are unavailable when the claimed damages result fr
• Dep't OF Transp. v. CNL Income Fund Viii, Ltd.
  823 So. 2d 147· Fla. 5th DCA· 2002-06-14 ·cited 2×
  A property owner's attorney is entitled to fees under section 73.092, Florida Statutes, for obtaining a variance that provides a nonmonetary benefit, even if the benefit reduces the owner's claim against the condemnor.
• Armadillo P'rs, Inc. v. State of Fla. Dep't of Transp.
  780 So. 2d 234· Fla. 4th DCA· 2001-02-14 ·cited 2×
  In this eminent domain appeal, the court reversed a condemnation judgment finding that the DOT's expert improperly calculated severance damages by failing to account for the loss of the Arbor Area and permanent improvements that were converted to parking to mitigate damages, cont
• Miami-Dade Cnty. v. City Nat'l Bank OF Fla.
  761 So. 2d 368· Fla. 3d DCA· 2000-04-12 ·cited 2×
  The trial court erred in awarding attorneys' and expert witness fees that included costs incurred for a speculative severance damages claim that was ultimately excluded.