Severance Damages

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

• United States v. 2.33 Acres OF Land
  704 F.2d 728· 4th Cir.· 1983-04-11
  The dissenting judge holds that the Commissioners' award, including severance damages, was proper and did not overcompensate the landowners.
• Drey v. United States
  705 F.2d 965· 8th Cir.· 1983-02-24
  The court held that the valuation of property donated for a charitable contribution is determined by the property's fair market value, not by severance damages to adjacent land as in eminent domain cases.
• Wash. Metro. Area Transit Auth. v. ONE Parcel OF Land IN Montgomery Cnty.
  691 F.2d 702· 4th Cir.· 1982-10-19
  The court held that the impact of planned road extensions, even if acquired by a separate governmental entity, should be considered when calculating condemnation awards to avoid a windfall and ensure fair compensation.
• Belvedere Dev. Corp. & Colonnades, Inc. v. Division OF Administration
  413 So. 2d 847· Fla. 4th DCA· 1982-05-12
  Belvedere Development Corporation and Colonnades, Inc. appealed a jury verdict in an eminent domain case, challenging awards of $2,385 and $15,800 respectively for condemned riparian lands. The court affirmed, holding that riparian rights may be severed from riparian lands and th
• United States v. 452.876 Acres OF Land
  667 F.2d 442· 4th Cir.· 1981-12-23
  The court held that the commission's reports and the district court's confirmation orders were insufficient because they lacked the necessary detail to determine if the findings were clearly erroneous.
• The State of N.M. v. The United States
  665 F.2d 1023· Ct. Cl.· 1981-11-18
  The court held that the plaintiff was not entitled to recover damages or federal participation in the cost of acquiring parcel 2-2-EL, as the claims of 'uneconomic remnant,' 'excess land,' and 'compensable severance damages' were not supported by the facts or applicable law.
• United States v. 45.50 Acres OF Land
  634 F.2d 405· 8th Cir.· 1980-11-28
  The court held that the trial court lacked jurisdiction to award severance damages for the potential flooding of an access road not located on or adjacent to the condemned property.
• Rollins v. Division OF Administration
  373 So. 2d 386· Fla. 4th DCA· 1979-07-18
  In a condemnation case involving Interstate 95 construction, the Fourth District Court of Appeal reversed a jury verdict denying severance damages to property owners, finding that the trial court improperly allowed opposing counsel to argue speculative future road construction wi
• Graphic Press, Inc. v. Commissioner OF Internal Revenue
  523 F.2d 585· 9th Cir.· 1975-09-19
  The court held that compensation received for relocation costs in a condemnation award, even if characterized as separate from the property value, qualifies for nonrecognition of gain under I.R.C. § 1033 if reinvested in similar property.
• Whitehead v. Fla. Power & Light Co.
  318 So. 2d 154· Fla. 2d DCA· 1975-08-08
  Landowners appealed a jury verdict awarding $27,000 for a utility easement condemned across their 80-acre rock and sand quarry. The court affirmed, holding that the trial judge properly denied opening and closing arguments (under a Supreme Court prospective-application ruling), p
• United States v. 308.56 Acres OF Land
  520 F.2d 660· 8th Cir.· 1975-07-02
  The court held that a contract for deed for real property is unenforceable if it fails to specify an ascertainable price or consideration, rendering it invalid under the Statute of Frauds.
• Nichols v. Division OF Administration
  294 So. 2d 675· Fla. 1st DCA· 1974-05-02
  The court held that a new trial is warranted because the jury awarded no severance damages despite uncontradicted evidence of such damages.
• City OF Jacksonville v. Yerkes
  282 So. 2d 645· Fla. 1st DCA· 1973-09-04
  The City of Jacksonville appealed a directed verdict awarding $17,000 in severance damages for property condemned for a sewer lift station. The court affirmed, holding that the trial judge properly struck the city's appraiser's testimony on enhancement damages because the statute
• United States v. 29.24 Acres OF Land
  460 F.2d 248· 5th Cir.· 1972-02-23
  The court held that a prior settlement judgment with the State of Texas, which included damages for the taking of land for a highway, precluded the landowners from seeking further severance damages from the United States for a related canal condemnation.
• Boyce v. The United States
  405 F.2d 526· Ct. Cl.· 1968-12-13
  Amounts received by a taxpayer under a claim of right and without restriction as to disposition are taxable in the year of receipt, even if there is a possibility of future repayment.
• Louis Gill AND Sons v. United States
  313 F.2d 416· 9th Cir.· 1962-12-12
  The judgment is vacated and the cause remanded because the Commission's report was inadequate to provide a basis for review by the district court.
• United States v. Chase
  260 F.2d 405· 2d Cir.· 1958-11-03
  The court held that the trial court's valuation of the condemned property was not clearly erroneous, even if it excluded speculative elements like potential sand and gravel profits or fully accounted for all claimed access and proximity damages.
• The ELK Horn Coal Corp. v. United States
  219 F.2d 917· 6th Cir.· 1955-02-15
  The court held that the district court's findings regarding the fair market value of the condemned mineral rights and the lack of severance damages were supported by substantial evidence and not clearly erroneous.