Unity Of Ownership

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

• Mulkey v. Division of Administration
  448 So. 2d 1062· Fla. 2d DCA· 1984-03-21 ·cited 45×
  In this eminent domain case, the court reversed a jury award of severance and business damages where the state took approximately 26% of a parcel containing a convenience store and vacant lot. The court held that the trial court erroneously admitted expert testimony based on trea
• Dep't of Transp. v. Jirik
  498 So. 2d 1253· Fla.· 1986-12-11 ·cited 33×
  The Florida Supreme Court held that vacant urban property platted into separate lots is presumptively treated as separate units for inverse condemnation purposes, rather than as a single tract. The court resolved a conflict between district courts regarding whether contiguous pla
• The Cnty. OF Volusia v. Niles
  445 So. 2d 1043· Fla. 5th DCA· 1984-01-26 ·cited 27×
  Volusia County appealed a trial court's grant of a new trial on severance damages in a condemnation case. The court held that the trial judge abused its discretion by ordering a new trial based on the jury's zero damage verdict, as the jury was not instructed on nominal damages a
• Procacci v. Zacco
  324 So. 2d 180· Fla. 4th DCA· 1975-12-26 ·cited 24×
  The court held that the phrase 'subject to' in a deed, without more, is insufficient to reserve an easement, especially in the absence of supporting facts and circumstances indicating such intent.
• Am. Sav. & Loan Ass'n v. Cnty. OF Marin
  653 F.2d 364· 9th Cir.· 1981-04-06 ·cited 23×
  The court held that the case is ripe for adjudication without requiring the landowner to submit a development plan, and that trial on the question of taking should proceed forthwith.
• 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.
• City OF Riviera Beach v. Shillingburg
  659 So. 2d 1174· Fla. 4th DCA· 1995-08-16 ·cited 19×
  The City of Riviera Beach amended its comprehensive land use plan to designate submerged lands owned by Shillingburg and Taylor as "special preservation," precluding development. The trial court found this constituted a compensable regulatory taking, but the appellate court rever
• Town OF Jupiter v. Alexander
  747 So. 2d 395· Fla. 4th DCA· 1998-09-16 ·cited 16×
  This inverse condemnation appeal concerns whether a temporary regulatory taking occurred when a municipality delayed development approval for two years. The court held that the owner's two non-contiguous parcels must be treated as a single integrated tract for takings analysis, a
• 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.
• 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
• MAY v. Nev. Irrigation Dist.
  600 F.2d 1280· 9th Cir.· 1979-07-17 ·cited 12×
  The court held that the language in the 1918 agreement was insufficient to overcome the presumption of a joint right under California Civil Code § 1431, and that the water rights were severable and extinguished with the easement.
• Abe Stein and Alice N. Stein v. Darby
  126 So. 2d 313· Fla. 1st DCA· 1961-01-24 ·cited 11×
  In this second appeal of a boundary dispute, the Florida District Court of Appeal upheld the constitutionality of Florida Statute Section 704.01(2), which provides a statutory way of necessity allowing landlocked property owners to obtain easements across neighboring property for
• Palm Beach Polo, Inc. v. The Vill. OF Wellington
  918 So. 2d 988· Fla. 4th DCA· 2006-01-18 ·cited 9×
  Palm Beach Polo challenges a trial court judgment enforcing a 1972 Planned Unit Development (PUD) agreement requiring it to preserve Big Blue Reserve, a 92-acre undeveloped natural area in Wellington, Florida. Polo argues the preservation requirements constitute an unconstitution
• 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
• Avery L. Tyler and Florence Tyler v. Price
  821 So. 2d 1121· Fla. 4th DCA· 2002-06-19 ·cited 5×
  The Fourth District Court of Appeal reversed a trial court's judgment that extinguished an easement across real property based on the doctrine of merger of title. The court held that merger cannot occur when the ownership of the dominant and servient estates is unequal in the qua
• 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
• 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
• United States Env't Prot. Agency v. NEW Orleans Pub. Serv., Inc.
  826 F.2d 361· 5th Cir.· 1987-09-03 ·cited 4×
  The court held that the transformers were component parts of the building under Louisiana law, thus becoming immovables and the property of the building owner, not NOPSI.
• 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.
• United States v. O'Connell
  496 F.2d 1329· 2d Cir.· 1974-05-16 ·cited 4×
  The court held that New York law governs the determination of implied easements in FHA foreclosure sales and that sufficient unity of interest among corporations dominated by the same individual may support an implied easement, even if the conveyance was involuntary.
• Hidalgo Cnty. Water Control & Improvement Dist. NO. 16 v. Leonard J. Hippchen and wife
  233 F.2d 712· 5th Cir.· 1956-05-31 ·cited 4×
  The court held that the language in the deed was not effective to reserve or except an easement for the construction of an irrigation canal and barrow ditch for the benefit of the defendant.
• Ocean Palm Golf Club P'ship v. The City OF Flagler Beach
  139 So. 3d 463· Fla. 5th DCA· 2014-05-30 ·cited 3×
  Ocean Palm Golf Club Partnership appealed a trial court judgment dismissing its inverse condemnation claim against the City of Flagler Beach. The court affirmed, holding that the City's refusal to amend the comprehensive plan from recreational to low-density residential did not c
• 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.
• Lake Lincoln, LLC v. Manatee Cnty.
  355 So. 3d 493· Fla. 2d DCA· 2023-01-13 ·cited 1×
  The appellate court reversed a lower court's decision that the entire 1,124-acre development of regional impact (DRI) was the "relevant parcel" for a takings claim. The court held that the 10.32-acre parcel owned by Lake Lincoln was the correct relevant parcel, allowing the takin
• 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
• KOS 11838, LLC v. City of Panama City Beach
  326 So. 3d 1173· Fla. 1st DCA· 2021-08-19
  This case involves a constitutional challenge to a city ordinance that limited the number of low-speed vehicles (LSVs) available for rent. The court affirmed the lower court's decision, finding the ordinance did not violate equal protection or substantive due process rights.
• Lacy v. Seegers
  445 So. 2d 400· Fla. 5th DCA· 1984-02-16
  The court held that an easement was not extinguished by merger because unity of title, required for merger, never existed as the properties were held by different ownership entities.
• Motel 6, Inc. v. Ira Vernon Pfile
  718 F.2d 80· 3d Cir.· 1983-09-30
  The court held that the Pfiles subjected their property to an open, visible, continuous, and permanent easement for sewage treatment in favor of the motel, and thus Motel 6 is entitled to an implied easement.