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 estimate of value, in the court registry. By 1994, DOT re-raised an issue about several thousand square feet of illegally filled sovereignty submerged lands in an appraisal report, and also decided to rebuild Doss Pier instead of taking it on a fee simple basis. As a result, DOT's proposed compensation to Skidmore decreased from $883,950 to $205,000. Based on these changes in strategy, which Skidmore later unsuccessfully fought through a motion in limine, the case went to trial in May of 1997.

Jury verdict for Skidmore for $810,750. The Circuit Court also awarded $700,000 in attorney's fees, expert witness fees and costs of Skidmore.

Weiner, attorney

Burl Wilson, real estate appraiser; Klusza & Associates, real estate appraisers; and Robert Byrne, attorney

Affirmed in part, reversed in part and remanded by the District Court of Appeal of Florida, Fourth District. See: 740 So.2d 1125 (Fla.App. 4 Dist. 1998).