Unity Of Use

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

• Baetjer v. United States
  143 F.2d 391· 1st Cir.· 1944-06-26 ·cited 77×
  The court held that integrated use, not physical contiguity, is the test for determining if separate land parcels constitute a single tract for severance damages in eminent domain cases. It also found that evidence of business losses due to over-capacity, if it reflects a depreci
• 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
• 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.
• 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
• 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.
• State v. C.G. Schindler, Jr.
  604 So. 2d 565· Fla. 2d DCA· 1992-08-28 ·cited 9×
  The Florida Department of Environmental Regulation appealed a partial summary judgment finding it liable for inverse condemnation of 1.85 acres of submerged wetland property. The court reversed, holding that the entire 3.5-acre parcel (1.65 acres uplands and 1.85 acres submerged
• 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.
• 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
• 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
• 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
• 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.
• 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.
• 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
• 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.