10 Florida opinions name it 3 courts 1964–2019 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
First English Evangelical Lutheran Church v. County of Los Angelesgreen2 sentences1998See 482 U.S. at 318 , 107 S.Ct. at 2388 . 1998See 482 U.S. at 318 , 107 S.Ct. at 2388 . | 1 | 2 |
Department of Transp. v. Weisenfeldgreen1 sentence1995In the first case, the government action is simply invalid; in the second case, the government action is invalid absent compensation, and so government may either abandon its regulation or validate its action by payment of appropriate compensation, i.e., by exercising its power of eminent domain." Id. at 57 (quoting Department of Transportation v. Weisenfeld, 617 So.2d 1071, 1080 (Fla. 5th DCA 1993) (Griffin, J., concurring) quoting P. Wiseman, When the End Justifies the Means: Understanding Takings Jurisprudence In a Legal System With Integrity, 63 St. | 1 | 1 |
Board of Com'rs of State Inst. v. TALLAHASSEE B. & T. CO.green1 sentence1992See Board of Comm'rs v. Tallahassee Bank & Trust Co., 108 So.2d 74, 81 (Fla. 1st DCA 1958) (it would be "totally unjust" to permit the state to rely on ordinances restricting land use as evidence of depressed land values in effort to reduce amount of just compensation awarded in eminent domain proceeding), writ quashed, 116 So.2d 762 (Fla. 1959). [13] Recently, the Eleventh Circuit has suggested that a just compensation claim is unavailable if a landowner seeks to invalidate a regulation. | 1 | 1 |
Board of Com'rs of State Inst. v. Tallahassee B. & T. Co.green1 sentence1992See Board of Comm'rs v. Tallahassee Bank & Trust Co., 108 So.2d 74, 81 (Fla. 1st DCA 1958) (it would be "totally unjust" to permit the state to rely on ordinances restricting land use as evidence of depressed land values in effort to reduce amount of just compensation awarded in eminent domain proceeding), writ quashed, 116 So.2d 762 (Fla. 1959). [13] Recently, the Eleventh Circuit has suggested that a just compensation claim is unavailable if a landowner seeks to invalidate a regulation. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Monongahela Navigation Co. v. United States
green
2 sentences1971But when he appropriately invokes the just compensation clause, he is entitled to a judicial determination of the amount.” And in Monongahela Navigation Co. v. U.S., supra, 148 U.S.312, 13 S.Ct. 622 , 37 L.Ed. 463 , in which the Supreme Court struck down an Act of Congress purporting to exclude an element of value [the franchise to collect tolls] in the purchase of the lock and dam of the Navigation Company, the court said that just compensation means that “a full and perfect equivalent for the property taken” must be returned to the owner, and that “By this legislation congress seems to have 1971But when he appropriately invokes the just compensation clause, he is entitled to a judicial determination of the amount.” And in Monongahela Navigation Co. v. U.S., supra, 148 U.S.312, 13 S.Ct. 622 , 37 L.Ed. 463 , in which the Supreme Court struck down an Act of Congress purporting to exclude an element of value [the franchise to collect tolls] in the purchase of the lock and dam of the Navigation Company, the court said that just compensation means that “a full and perfect equivalent for the property taken” must be returned to the owner, and that “By this legislation congress seems to have | 4 | 1964–2019 |
Tampa-Hillsborough Expressway v. AGWS
green
2 sentences1996In A.G.W.S., supra, the court said at 57, "... government may so intrusively regulate the use of property in pursuit of legitimate police power objectives as to take the property without compensation, in violation of the just compensation clause. "`[t]he government action is invalid absent compensation, and so government may either abandon its regulation or validate its action by payment of appropriate compensation, i.e., by exercising its power of eminent domain." During World War II private property was appropriated by the United States. 1995In the first case, the government action is simply invalid; in the second case, the government action is invalid absent compensation, and so government may either abandon its regulation or validate its action by payment of appropriate compensation, i.e., by exercising its power of eminent domain." Id. at 57 (quoting Department of Transportation v. Weisenfeld, 617 So.2d 1071, 1080 (Fla. 5th DCA 1993) (Griffin, J., concurring) quoting P. Wiseman, When the End Justifies the Means: Understanding Takings Jurisprudence In a Legal System With Integrity, 63 St. | 2 | 1995–1996 |
Baltimore & Ohio Railroad v. United States
green
2 sentences1971Co. v. U.S., supra, 298 U.S. 349 , 56 S. Ct. 797 , 80 L.Ed. at p. 1224 : “The just compensation clause may not be evaded or impaired by any form of legislation. 1971Co. v. U.S., supra, 298 U.S. 349 , 56 S. Ct. 797 , 80 L.Ed. at p. 1224 : “The just compensation clause may not be evaded or impaired by any form of legislation. | 2 | 1964–1971 |
United States v. Bodcaw Co.
green
2 sentences1998U.S. v. Bodcaw Co., 440 U.S. 202, 203 , 99 S.Ct. 1066 , 59 L.Ed.2d 257 (1979). 1998U.S. v. Bodcaw Co., 440 U.S. 202, 203 , 99 S.Ct. 1066 , 59 L.Ed.2d 257 (1979). | 1 | 1998–1998 |
Richard Reahard Ann P. Reahard v. Lee County
green
1 sentence1992"Just compensation claims admit and assume that the subject regulation substantially advances a legitimate government interest; the validity of the regulation is not at issue." Reahard v. Lee County, 968 F.2d 1131 (11th Cir.1992). | 1 | 1992–1992 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.