Florida Condemnation Law

<center> <h2> DR. EVELYN LOPEZ-BRIGNONI, et al., vs FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, et al.,</center>

Miami, Florida - Liability Attorney, destruction of healthy residential citrus trees<br> <br> <br> This case arises from the destruction of healthy residential citrus trees located<br> within 1900 feet of a citrus tree infected with citrus canker, a bacterial infection<br> causing lesions on the leaves, stems, and fruit. These healthy trees were destroyed<br> by the Department as part of the CC... More...

$0 (10-06-2020 - FL)
<center> <h2> B. ADAM BERLIN, et al. vs DEPT. OF TRANSPORTATION </h2> </center>

<center><P><font color=”FF0000”><h2><br> Need help finding a lawyer for a condemnation case in Florida? <br> <br> Call 918-582-6422. It's Free.<br> </font><br> </h2><br> </center><br> After a stipulated final judgment was entered in a condemnation case, appellants filed a claim for attorneys’ fees. The appellee Department of Transportation moved to strike the claim on grounds it failed t... More...

$0 (01-09-2020 - FL)
<center> <h2> Richard L. Fowler v. Caliber Homes Loans, Inc. </h2> </center>

<center><br> <img width="300" src="http://www.flsd.uscourts.gov/sites/flsd/files/2015WebCourthouse15.gif"><br> </center><br> <br> When an individual takes out a mortgage, he or she secures the loan with real property. To protect its security interest, lenders usually require borrowers to maintain hazard insurance in an amount that is at least equal to the loan’s unpaid principal balance. Should ... More...

$0 (10-02-2018 - FL)
<Center> <h2> Paul Chmielewski, et al. v. The City of St. Pete Beach <P> <img width="200" src="http://www.flmd.uscourts.gov/sites/flmd/files/images/court/tampa.png"> <P> Middle District of Florida Federal Courthouse - Tampa, Florida </h2> </center>

In this appeal of an inverse condemnation action, Defendant-Appellant the City of St. Pete Beach (“the City”) challenges a jury verdict in favor of Plaintiffs Katherine A. Chmielewski and Paul Chmielewski, as personal representative of the estate of Chester Chmielewski (“the Chmielewskis”). The underlying dispute involves a beachfront parcel, owned by the Chmielewskis, which experienced si... More...

$0 (05-21-2018 - FL)
<center> <h2> Raymond Berthiaume v. David T. Smith and City of Key West <P> <img width="300" src="http://www.ca11.uscourts.gov/sites/default/files/images/atl_tuttle_bldg.jpg"> <P> Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia </h2> </center>

Defendants David T. Smith and the City of Key West (collectively “defendants”) moved for panel rehearing of an opinion originally filed on October 5, 2017 and reported at __ F. App’x __, 2017 WL 4422465. Defendants also moved for publication of the opinion. We grant in part and deny in part the defendants’ motion for panel rehearing, grant the defendants’ motion for publication of the op... More...

$0 (12-11-2017 - FL)
Ann Teitelbaum v. South Florida Water Management District

Ann Teitelbaum and a group of private property owners (“the Plaintiffs”)<br> appeal the trial court’s order granting final summary judgment against their claims<br> for inverse condemnation and de facto constitutional takings, which they pursued<br> under a theory of “condemnation blight.” However, Florida law is quite clear that<br> condemnation blight, while relevant to the valuation o... More...

$0 (07-08-2015 - FL)
United State of America v. Louis Ruggiero

Louis Ruggiero pleaded guilty to producing child pornography, in violation<br> of 18 U.S.C. § 2251(a). As a condition of that plea, he reserved the right to appeal<br> the district court’s denial of his motion to dismiss the indictment. On appeal, he<br> contends that § 2251(a), both facially and as applied, is unconstitutional under the<br> Fifth and Sixth Amendments because it does ... More...

$0 (06-30-2015 - FL)
Katherine A. Chmielewski v. City of St. Pete Beach, Florida

Chester J. and Katherine A. Chmielewski, the original parties in this case,1<br> appeal the trial court's order granting, with prejudice, the City of St. Pete Beach's motion<br> to dismiss their complaint for failure to state a cause of action. The Chmielewskis had<br> filed suit to secure the disclosure of public records. We have jurisdiction, see Fla. R.<br> App. P. 9.030(b)(1)(A), and reverse.<... More...

$0 (08-27-2014 - FL)
Charles and Virginia Barnes v. The District Board of Trustees of St. Johns River State College, Florida

A state college’s stormwater management system is the focus of this dispute. Charles and Virginia Barnes sued the District Board of Trustees of St. Johns River<br> State College for damages to their property from water alleged to have overflown from a retention pond on the District’s campus. The trial court ruled the District was entitled to immunity under section 373.443, Florida St... More...

$0 (08-12-2014 - FL)
Gordon Beyer v. City of Marathon

Gordon Beyer and Molly Beyer (“the Beyers”) seek to reverse a final summary judgment in favor of the City of Marathon and third-party defendant, the State of Florida, on the appellants’ inverse condemnation suit. We affirm. In 1970, the Beyers purchased the undeveloped nine-acre offshore island, Bamboo Key. At the time of purchase, the property was undeveloped and under the juri... More...

$0 (11-08-2013 - FL)
Alachua Land Investors, LLC v. City of Gainesville

Alachua Land Investors, LLC (ALI), appeals a final judgment entered in favor of City of Gainesville (City) on ALI’s action for inverse condemnation. ALI contends that the trial court’s ruling on ripeness constitutes error as a matter of law because ALI filed a meaningful application and obtained a final decision from the City. Given ALI’s failure to satisfy the ripeness requir... More...

$0 (01-31-2013 - FL)
City of Boynton Beach v. Frank Janots

The City of Boynton Beach (the “City”) appeals the trial court’s denial of its motion to use proceeds from a taking to satisfy an outstanding code enforcement lien. We reverse.<br><br>The facts below are undisputed. Theodore Ryan owned two parcels of property within the City’s jurisdictional limits. One was his homestead property (“Parcel 1”), and one was a va... More...

$0 (10-10-2012 - FL)
Lee County Electric Cooperative, Inc. v. City of Cape Coral

Several years ago the City of Cape Coral began a construction project to rework an intersection. The plan required the expansion of an existing road into a public utility easement where Lee County Electric Cooperative ("LCEC") had placed its electric lines. Thus, LCEC was forced to relocate its lines to another public utility easement. The parties disagreed about which of them was responsible for ... More...

$0 (08-29-2012 - FL)
Terrell Patton Youngblood, Jr. v. Angela Marie Fasick Youngblood

We previously affirmed the final order in this postjudgment family law proceeding. At that time, we remanded Angela Youngblood's motion for appellate attorney's fees to the circuit court to determine whether she was entitled to an award of fees and, if so, to award them in a reasonable amount. Pursuant to Florida Rule of Appellate Procedure 9.400(c), Terrell Youngblood seeks review of the court's ... More...

$0 (06-13-2012 - FL)
Pinellas County v. Donna K. Baldwin

Donna K. Baldwin filed an action in Hillsborough County against Pinellas County (the County) for the inverse condemnation of her land located wholly within Hillsborough County. The County moved to dismiss the action for improper venue, claiming its home venue privilege. The circuit court denied the motion, and the County appeals.1 Because Ms. Baldwin's complaint for inverse condemnation invoked th... More...

$0 (01-20-2012 - FL)
Michael J. MIckel v. Robert J. Norton

Michael and Barbara Mickel appeal from a final judgment granting permanent injunctive relief to their neighbors, Robert and Mary Norton. We reverse.<br><br>This dispute arose when the Mickels installed a six-foot-high vinyl fence along the property line between their home and the Nortons' home. The Nortons sued the Mickels alleging the fence constituted a private nuisance and that it violated thei... More...

$0 (09-23-2011 - FL)
Arlene Pecora v. Bret Berlin

Arlene Pecora appeals from a final summary judgment determining that she was not entitled to exercise a right of first refusal in the sale, by a court-appointed receiver, of Signature Grand, a catering facility located in Broward County. We affirm, holding that, given the nature of the sale, and the express language of the agreement creating the right of first refusal, the trial court was correct ... More...

$0 (03-30-2011 - FL)
Roy Hansen v. City of Deland

Roy Hansen, Jane Hansen, and Clifford D. Bergeron (collectively "landowners") appeal the trial court's final judgment, which ruled that they failed to prove that the City of Deland ("City") had engaged in a taking of their properties. Finding no error, we affirm.<br> <br> The landowners owned property located in an unincorporated area of Volusia County, near the Cross Creek Subdivision in Deland, ... More...

$0 (02-26-2010 - FL)
System Components Corporation v. Florida Department of Transportation

In this case, we review System Components Corp. v. Department of Transportation, 985 So. 2d 687 (Fla. 5th DCA 2008), in which the Fifth District Court of Appeal certified that its decision directly conflicts with the decision of the Fourth District Court of Appeal in State Department of Transportation v. Tire Centers, LLC, 895 So. 2d 1110 (Fla. 4th DCA 2005). We thus possess and exercise our discr... More...

$0 (07-09-2009 - FL)
Gil Eriksen Properties, LLC v. Pompano Beach Community Redevelopment Agency

The appellant property owner raises several issues in this eminent domain proceeding; however, the owner’s failure to timely raise the issues in the trial court precludes relief.<br><br>After the appellee agency filed this suit involving two properties of the owner, an agreed order of taking was entered, providing for stipulated values for both pieces. The agency deposited the correct amoun... More...

$0 (01-05-2009 - FL)
Rodney Shands, et al. v. City of Marathon, etc.

Rodney Shands, Robert Shands, Kathryn Shands Edwards, and Thomas Shands, [collectively, “the Shands”] seek to reverse a final order granting the City of Marathon’s [“City”] motion to dismiss in an inverse condemnation case. The trial court’s order dismissed the Shands’ state claim finding the cause of action to be a facial taking brought beyond the appl... More...

$0 (12-31-2008 - FL)
Thomas F. Collins, et al. v. Monroe County and The State of Florida

Thomas F. Collins and Patricia Collins, Donald Davis, Aurelia Del Valle and Maria Del Valle, Hill Family Investments, Inc., Richard J. Johnson and Joann C. Johnson, Robert A. Lomrance, Joseph Magrini and Elda S. Magrini, Keith P. Radenhausen, Frank J. Schnieder, Mary Ann Ricklin, Rosemary Riordan, Hubert Tost and Marilyn Tost, and Samuel I. Burstyn, P.A., [collectively, “the Landowners�... More...

$0 (12-31-2008 - FL)
Jimmy T. and Nancy A. Bauknight, et al. v. Monroe County

The plaintiffs property owners appeal a final summary judgment entered in favor of defendant Monroe County on the owners’ claim for compensation for the temporary taking of their respective properties. We agree with the trial court that the owners are not entitled to compensation and affirm the summary judgment.<br><br>The Bauknights, Mr. Skaggs, and the Rocketts each purchased a vacant lot... More...

$0 (09-17-2008 - FL)
Young Apartments, Inc. v. Town of Jupiter, Florida, et al.

Plaintiffs-appellants Young Apartments, Inc. ("Young Apartments") appeals a district court order dismissing several of its equal protection claims under 42 U.S.C. § 1983 ("§ 1983") against defendants-appellees Town of Jupiter, Florida ("Jupiter"), Jupiter Town Manager Andrew D. Lukasik ("Lukasik") and Jupiter Building Official Robert Lecky ("Lecky"), as well as a breach of contract claim ag... More...

$0 (06-11-2008 - FL)
Brevard County v. Michael Blasky

<P>Brevard County sought to acquire 32.7 acres of swampland from Michael Blasky by condemnation. Blasky sought $1.7 million in compensation for the property taken by the County and the County sought to pay him $86,000 for the property.... More...

$122000000 (07-25-2006 - FL)
Charles Vavrus v. Palm Beach Gardens

<P>Inverse condemnation claim by Charles Vavrus agains the city of Palm Beach Cardens for damages he claimed that he sustained as a result of restrictions to his right to farm a 4,700-acre ranch next to the future Scripps Florida site. In 1999 Vavrus was ordered to stop logging without permission. In the mean time, City officials were seeking state and county permits for a project to build a biote... More...

$0 (06-16-2004 - FL)
<a href="http://199.242.71.206/opinion/2-26-2002/00-4593.pdf" target="_new">Tonay A. Rukab and Aida T. Rukab v. City of Jacksonville Beach, et al.</a>

Tony M. Rukab and Aida T. Rukab, his wife, appeal from an order of taking in an eminent domain action. The court found that the appellees, City of Jacksonville Beach and the Jacksonville Beach Community Redevelopment Agency (the City), had shown a public purpose and reasonable necessity for taking the Rukabs&#8217; property.<P> The Rukabs raise a number of issues on appeal. The issue concernin... More...

$0 (02-26-2002 - FL)
<a href="http://199.242.71.206/opinion/11-26-2001/01-0541.pdf" target="_new">Bradfordville Phipps Limited Partnership v. Leon County, Florida</a>

Bradfordville Phipps Limited Partnership (Partnership), challenges an order rendered by the Second Judicial Circuit Court denying its motion for summary judgment and granting summary judgment in favor of Appellee, Leon County (County). The Partnership, which owns property in a part of Leon County known as the Bradfordville Study Area (BSA), had filed an inverse condemnation action against the ... More...

$0 (11-26-2001 - FL)
<a href="http://www.5dca.org/Opinions/052101/5D99-3314.pdf" target="_new">VLX Properties, Inc. v. Southern States Utilities, Inc.</a>

We grant en banc review of a panel opinion which reversed the trial court's decision that inverse condemnation had not been established because the trial court, the panel determined, had applied the wrong standard. The panel decision was based on our previous decision in this case, VLX Properties, Inc. v. Southern States Utilities, Inc., 701 So. 2d 391 (Fla. 5th DCA 1997), hereinafter referred... More...

$0 (05-22-2001 - FL)
Seminole County v. Sanford Court Investors, Ltd., et al.

Eminent Domain-Landlord Tenant-The plaintiffs filed suit against a landlord for condemnation of a piece of private property for the purpose of street widening and to improve the drainage system. As a result of the condemnation, the renter lost several parking places at their building that used by customers. While the trial for eminent domain was still ongoing, the renters were informed that the... More...

$145000 (10-22-1999 - FL)
Cove Club Investors, Ltd., d/b/a Sandalfood County Club v. Palm Beach County

Inverse Condemnation - On November 21, 1989, Palm Beach County (County) purchased a residential mobile home lot from one Mary B. Herman. This lot was part of a mobile home community known as Sandalfoot Cove. The County acquired the lot through its powers of eminent domain for a road improvement project on Marina Boulevard in Palm Beach County. However, title to the property was subject to a ... More...

$0 (04-08-1999 - FL)
State of Florida Department of Transportation v. Robert J. Skidmore

Condemnation (eminent domain) proceeding by the State of Florida to acquire four parcels of land for right-of-way for the construction of the Roosevelt Bridge in Stuart. The parcels included the Doss Pier. DOT initially offered Skidmore $285,500 for the parcels at issue. In February, 1993, DOT issued its Order of Taking irrespective of the filled lands and deposited $883,950, it good faith estim... More...

$810750 (05-30-1997 - FL)
Nancy Jean Davis v. South Flordia Water Management District, et at.

During a condemnation proceeding involving a large tract of land the defendants attorney injected his personal opinion to the jury, and suggested that the jurors would ultimately pay for the verdict a taxpayers. Plantiff moved for a mistrial on the basis that it improperly suggested that the jurors would pay inflated amount in their role on the mistrial.... More...

$0 (07-08-1998 - FL)
Dade County v. City National Bank of Florida, et al.

Condemnation (eminent domain) for a corner of an undeveloped commercial property held by defendant in trust for street improvements at Northwest 27th Avenue and Nortwest 207th Street. After the taking, the commercial frontage on 27th Avenue was reduced by 116 feet, leaving 494 feet available for development. The trial court refused to allow defendant to introduce a conceptual site plan for the e... More...

$0 (08-12-1998 - FL)
Ptito v. City of Fort Lauderdale

Inverse condemnation - destruction of plaintiff's home without just compensation and without due process of law. Plaintiff's million dollar home which was being built to replace their old home, which was destroyed by fire, was torn down by Defendant.... More...

$823000 (08-31-1998 - FL)
City of Jacksonville Beach v. Michael DeLoach, et al.

Condemnation (eminent domain) - taking of property from 11 people in conjunction with the development of the Ocean Cay.... More...

$385000 (11-26-1997 - FL)