Severance Damages

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

• Seminole Cnty. v. Sanford Court Invs., Ltd.
  743 So. 2d 1165· Fla. 5th DCA· 1999-10-22 ·cited 2×
  In this eminent domain appeal, Seminole County challenged a jury award of business damages to tenants whose leases were terminated by the property owner after a partial taking. The Fifth District reversed the business damages award, holding that tenants can only recover damages f
• Grandpa's Park, Inc. v. State
  726 So. 2d 789· Fla. 1st DCA· 1998-12-04 ·cited 2×
  Grandpa's Park appeals a final judgment in an eminent domain case where the Department of Transportation took 0.665 acres for I-295 expansion near Jacksonville. The court upheld the trial court's exclusion of evidence regarding alleged down-zoning and diminution in value of the r
• Hershel L. Davis v. State
  717 So. 2d 61· Fla. 2d DCA· 1998-05-29 ·cited 2×
  The court held that the admission of irrelevant and prejudicial testimony regarding family disputes and the improper impeachment of an expert witness constituted reversible error.
• City OF Ocala v. RED OAK Farm, Inc.
  673 So. 2d 86· Fla. 5th DCA· 1996-04-12 ·cited 2×
  The dissenting opinion argues that the trial court did not err in excluding evidence of FPC easements, as this evidence was irrelevant and potentially confusing to the jury in a condemnation case.
• Hubschman v. The Bd. OF Cnty. Comm'rs OF Collier Cnty.
  610 So. 2d 691· Fla. 2d DCA· 1992-12-18 ·cited 2×
  In a condemnation proceeding, the Board of County Commissioners took property from the Hubschmans, awarding them $70,000 as full compensation. The Hubschmans appealed, claiming their losses were worth $300,000. The District Court of Appeal reversed and remanded because the trial
• Maury L. Carter v. City OF ST. Cloud & E.C. Kiekhaefer
  598 So. 2d 179· Fla. 5th DCA· 1992-05-01 ·cited 2×
  The court held that a retired judge, whose assignment order had expired, lacked jurisdiction to rule on a motion for costs filed years later. The court also affirmed the trial court's award of expert witness fees, finding sufficient evidence supported the reasonableness of the fe
• Capo Inv. Grp. Corp. v. State
  578 So. 2d 513· Fla. 3d DCA· 1991-04-30 ·cited 2×
  Capo Investment Group appealed a non-final quick-take order in an eminent domain proceeding, challenging the Department of Transportation's good faith estimate of property value. The court affirmed, holding that the DOT's estimate was made in good faith based on a valid appraisal
• Palm Beach Cnty. v. Tessler
  518 So. 2d 970· Fla. 4th DCA· 1988-01-20 ·cited 2×
  Palm Beach County appeals an inverse condemnation judgment awarding compensation to commercial property owners whose direct access to their business was eliminated by a county-constructed retaining wall as part of a road project. The Fourth District affirmed, holding that blockin
• United States v. 2
  836 F.2d 498· 10th Cir.· 1988-01-04 ·cited 2×
  The court held that the commission neither increased the taken estate nor diverged from the district court's instructions on severance damages, and that its fact-finding was not clearly erroneous.
• Fla. Power & Light Co. v. Roberts
  490 So. 2d 969· Fla. 5th DCA· 1986-06-05 ·cited 2×
  Florida Power & Light Company appealed a jury verdict awarding severance damages to property owners based on evidence that high-voltage transmission lines posed health hazards and diminished adjacent property values. The court rejected the outdated "majority rule" from Casey v. F
• Winooski Hydroelectric Co. v. Five Acres OF Land IN East Montpelier AND Berlin
  769 F.2d 79· 2d Cir.· 1985-07-30 ·cited 2×
  The court held that the exclusion of expert testimony based on speculative future income, the denial of severance damages, and the jury instruction on the burden of proof were all proper.
• United States v. 57.09 Acres OF Land
  757 F.2d 1025· 9th Cir.· 1985-04-09 ·cited 2×
  The court held that the expert's valuation of the leasehold was improper because it assumed lease renewal and included income derived from the government project, but that the government waived its right to appeal the jury's consideration of business losses.
• United States v. 5.00 Acres OF Land
  731 F.2d 1207· 5th Cir.· 1984-05-14 ·cited 2×
  The district court violated this court's mandate by conducting new evidentiary hearings after being instructed to rule based on the existing record.
• United States v. 760.807 Acres OF Land
  731 F.2d 1443· 9th Cir.· 1984-05-01 ·cited 2×
  The court held that while the jury instruction on severance damages was erroneous, no reversible error occurred because the landowners failed to present sufficient evidence that the taking of the ESHZ caused a diminution in the market value of the remainder.
• United States v. 57.09 Acres OF Land
  706 F.2d 280· 9th Cir.· 1983-05-16 ·cited 2×
  Owners of condemned easements are entitled to severance damages for the diminution in value of the properties served by those easements, even if they do not own the underlying fee.
• A-B Cattle Co. v. The United States
  621 F.2d 1099· Ct. Cl.· 1980-04-30 ·cited 2×
  The court held that plaintiffs' motion to amend their petition should be denied because the proposed amendments were based on theories of liability (fifth amendment taking and breach of contract) that failed to state a valid claim, primarily due to the Colorado Supreme Court's ru
• Williams v. Jacksonville Elec. Auth.
  250 So. 2d 652· Fla. 1st DCA· 1971-07-27 ·cited 2×
  In this condemnation case, the Florida District Court of Appeal affirmed the exclusion of comparative sales evidence from distant counties to establish severance damages to property near electric transmission lines, finding that such property is not sufficiently unique to justify
• Stack v. State Rd. Dep't of Fla.
  237 So. 2d 240· Fla. 1st DCA· 1970-07-14 ·cited 2×
  The court held that the trial court erred in precluding cross-examination on the highest and best use of the land and in striking testimony relevant to severance damages.
• United States v. Easements AND Rights-Of-Way
  409 F.2d 660· 6th Cir.· 1969-04-09 ·cited 2×
  The court held that incidental damages to land outside the easement boundaries, caused by the construction and maintenance of high-tension electric transmission lines, are compensable.
• City OF Thibodaux v. La. Power & Light Co.
  373 F.2d 870· 5th Cir.· 1967-03-06 ·cited 2×
  The court held that capitalizing present income is a proper method for valuing a franchise when no comparable sales exist, but compensation for future growth under a franchise is not permissible as a matter of law.
• Renedo v. Dade Cnty.
  139 So. 2d 698· Fla. 3d DCA· 1962-04-10 ·cited 2×
  In an eminent domain proceeding where Dade County took a five-foot strip of land to widen a street, the trial court reduced jury awards for severance damages to the remaining properties. The appellate court reversed, holding that the jury's awards were supported by expert testimo
• United States v. Mills
  237 F.2d 401· 8th Cir.· 1956-10-24 ·cited 2×
  The court held that while the government's legal position regarding the definition of a 'tract' was correct, the district court's error in excluding evidence and refusing a jury instruction was not prejudicial in this case.
• Demetria Sifuentes v. United States
  168 F.2d 264· 1st Cir.· 1948-06-02 ·cited 2×
  The court held that the landowners failed to establish error regarding the consideration of capitalized rental value for condemned land. However, the case must be remanded for findings on severance damages related to an easement and the splitting of the farm unit.
• Dep't OF Transp. v. Butler Carpet Co.
  231 So. 3d 499· Fla. 2d DCA· 2017-05-31 ·cited 1×
  The Department of Transportation appeals judgments awarding damages to Butler Carpet Company and CHK, LLC for inverse condemnation claims arising from a U.S. 19 reconstruction project in Pinellas County. The court affirms awards for physical takings of portions of the properties
• Orange Cnty. v. Beryle S. Buchman
  81 So. 3d 520· Fla. 5th DCA· 2012-02-03 ·cited 1×
  Orange County appeals a final judgment in an eminent domain case awarding severance damages to property owners whose 77-acre tract was partially taken. The appellate court reverses on the issue of severance damages, finding the trial court improperly instructed the jury to disreg
• Rorabeck's Plants & Produce, Inc. v. The Sch. Dist. OF Palm Beach Cnty.
  853 So. 2d 473· Fla. 4th DCA· 2003-07-02 ·cited 1×
  The School District of Palm Beach County exercised eminent domain to take a 24.88-acre property owned by Rorabeck's Plants and Produce for an elementary school. Rorabeck challenged the taking of the entire tract, arguing that 2.5 acres were intended for law enforcement use and th
• Circle K Gen., Inc. v. Hillsborough Cnty.
  524 So. 2d 1143· Fla. 2d DCA· 1988-05-13 ·cited 1×
  Circle K General appeals a trial court's denial of severance damages in an eminent domain case involving a partial taking of its property by Hillsborough County. The court affirmed, holding that the county was not equitably estopped from denying access to Anderson Road because Ci
• Upton v. State of Fla. Dep't OF Transp.
  270 So. 2d 470· Fla. 1st DCA· 1972-12-19 ·cited 1×
  In this condemnation case, the First District Court of Appeal reversed a jury verdict and remanded for a new trial, finding that the jury erred by ignoring unrebutted testimony on business damages caused by the taking of a right of way through the appellants' farm, and that the t
• Tidewater Preserve Master Ass'n, Inc. v. Fla. Dept. of Transp.
  Fla. 2d DCA· 2021-12-17
  This case concerns whether the Florida Department of Transportation (FDOT) acted in good faith when estimating the value of property for a "quick take" eminent domain proceeding. The appellate court affirmed the trial court's decision, finding no evidence that FDOT's appraisal wa
• Neighborhood Planning Co., LLC v. State of Fla. Dep't of Transp.
  Fla. 3d DCA· 2020-07-29
  The appellate court affirmed in part and reversed in part a trial court's order denying a motion for a new trial in an eminent domain case. The court found no abuse of discretion in limiting expert testimony but reversed regarding severance damages for a cell tower setback.
• Berlin v. Dept. of Transp.
  Fla. 4th DCA· 2020-01-08
  A motion to strike under Florida Rule of Civil Procedure 1.140(f) tests only the legal sufficiency of a pleading and cannot be granted where the pleading presents a bona fide issue of fact requiring evidentiary resolution. The trial court erred in striking appellants' motion for
• City OF Sunny Isles Beach v. Cavalry Corp.
  208 So. 3d 1247· Fla. 3d DCA· 2017-01-25
  The City of Sunny Isles Beach appealed the denial of its motion for new trial in an eminent domain case where a jury awarded the property owner $855,000 in compensation for a taking of canal property, rejecting the City's contention that conceptual site plans depicting a private
• Orange Cnty. v. Beryle S. Buchman
  183 So. 3d 457· Fla. 5th DCA· 2016-01-08
  In this eminent domain case, Orange County sought to recover from an additur imposed by the trial judge on a jury verdict awarding severance damages to property owners. The court affirmed the additur, holding that a trial judge may correct a jury verdict when its component findin
• In & for Sussex Cnty.
  Del. Super. Ct.· 2015-11-18
  The Delaware Superior Court granted the Plaintiff's motion in limine, excluding sections of the Defendant's 'Owner Opinion of Market Value' and a letter from the Defendant's expert witness. The court found that the Defendant's owner opinion improperly incorporated expert testimon
• City OF Jacksonville v. Westland Park Assocs., II
  Fla. 1st DCA· 2007-02-12
  Severance damages are not available for reduced access attributable to median construction within the government's existing right-of-way, even if part of a larger project that includes a taking.
• Dep't OF Transp. v. RFT P'ship
  906 So. 2d 1161· Fla. 2d DCA· 2005-06-29
  The Department of Transportation appeals a trial court's award of $217,000 in attorneys' fees to RFT Partnership's lawyers for achieving a nonmonetary benefit in an eminent domain proceeding. The court reverses, holding that the lawyers' efforts to improve a road intersection did
• Chuck Blankenship v. Dep't OF Transp.
  890 So. 2d 1130· Fla. 5th DCA· 2004-12-03
  In an eminent domain proceeding involving a direct taking, a property owner may present evidence of flooding damage to remainder property as a consequential damage claim and need not wait to bring an inverse condemnation action after flooding actually occurs.
• Nutt v. Orange Cnty.
  769 So. 2d 453· Fla. 5th DCA· 2000-10-06
  The court held that a landowner whose property was partially condemned cannot recover severance damages based on speculation about future governmental action that might affect the remaining property. The court distinguished between compensation for known and imminent improvements
• M.J. Stavola Farms, Inc. v. Dep't of Transp.
  742 So. 2d 391· Fla. 5th DCA· 1999-08-27
  In this eminent domain case, the Florida Department of Transportation condemned 40.8 acres containing a limerock mine. The Fifth District Court of Appeal addressed the valuation of land damages to the fee owner and business damages to the lessee, ultimately affirming the jury's l
• State v. Michelin
  702 So. 2d 1326· Fla. 4th DCA· 1997-12-10
  Florida DOT's appeal is granted and the case is reversed for new trial because severance damages attributable to the owner's need to comply with handicapped parking regulations are not compensable under eminent domain law.
• Manso v. Patrick
  121 F. Supp. 862· S.D. Fla.· 1997-09-09
  The court held that the Parole Commission's interpretation of the special parole statute, allowing a violator to be reparoled to the remainder of the original special parole term, is reasonable and entitled to deference.
• Dep't OF Transp. v. Winter Park Golf Club, Inc.
  687 So. 2d 970· Fla. 5th DCA· 1997-02-18
  The Florida Department of Transportation appealed a trial court's award of attorney's fees and appraisal fees in an aborted eminent domain action where DOT took and then relinquished a sidewalk easement from Winter Park Golf Club property. The appellate court affirmed the award a
• Tampa-Hillsborough Cnty. Expressway Auth. for the use & benefit of the State of Fla. v. Marcelino Casiano-Torres
  659 So. 2d 1125· Fla. 2d DCA· 1995-07-26
  In an eminent domain case, the State of Florida appealed a jury verdict awarding business and severance damages to the property owners. The appellate court affirmed the award, holding that the trial court properly submitted to the jury the factual question of whether the business
• Dep't OF Transp. v. Joost P. Zyderveld
  647 So. 2d 308· Fla. 5th DCA· 1994-12-16
  The Florida Department of Transportation (DOT) appealed a summary judgment and inverse condemnation award granted to a property owner, Zyderveld. The appellate court reversed, finding that the trial court erred by preventing DOT from presenting evidence that Zyderveld did not suf
• Fla. Dep't OF Revenue v. A. Duda & Sons, Inc.
  608 So. 2d 881· Fla. 5th DCA· 1992-10-30
  The Florida Department of Revenue appealed a trial court judgment that invalidated documentary stamp tax assessments on property deeds conveyed to public entities under threat of condemnation. The appellate court reversed, holding that the statutory language was unambiguous and t
• United States v. 99.66 Acres OF Land
  970 F.2d 651· 9th Cir.· 1992-07-23
  The court held that the district court did not abuse its discretion in excluding speculative valuation testimony and severance damages, nor in denying a new trial, and that the lienholder could be held liable for restitution of overpaid estimated compensation.
• Sec. First Fed. Sav. & Loan Ass'n v. State
  580 So. 2d 879· Fla. 1st DCA· 1991-06-03
• Jacksonville Transp. Auth. v. ASC Assocs.
  559 So. 2d 330· Fla. 1st DCA· 1990-04-03
  Jacksonville Transportation Authority appeals a condemnation judgment awarding the landowner over $2.4 million for property taken for the Automated Skyway Express System. The court reverses and remands for a new trial because the landowner's attorney improperly presented testimon
• Virgin Islands Urban Renewal Bd. v. 17
  753 F.2d 308· 3d Cir.· 1985-01-31
  The court held that the district court erred in confirming the award without allowing the Board an opportunity to present evidence regarding the existence of a pre-existing road easement, and remanded for further proceedings.
• United States v. 79.20 Acres OF Land
  710 F.2d 1352· 8th Cir.· 1983-07-06
  The court held that the trial court erred by excluding evidence of the value of a previously granted government easement and by admitting testimony regarding damages to land outside the condemned area and the cost of replacing a well for which compensation was already paid.