Lee County exception in Florida

2007We need not, therefore, decide whether the Second District's discussion in Lee County of an exception to the ban on severance damages for effects attributable to works on property not taken from the landowner (and its subsequent application of the Lee County exception in Taylor v. State, Department of Transportation, 701 So.2d 610, 611-12 (Fla. 2d DCA 1997)), should be adopted as the law of this district in some other circumstance.

2007We need not, therefore, decide whether the Second District's discussion in Lee County of an exception to the ban on severance damages for effects attributable to works on property not taken from the landowner (and its subsequent application of the Lee County exception in Taylor v. State, Department of Transportation, 701 So.2d 610, 611-12 (Fla. 2d DCA 1997)), should be adopted as the law of this district in some other circumstance.

2024See § 70.001(6)(c)(2) (“In any action filed pursuant to this section, the governmental entity or entities are entitled to recover reasonable costs and attorney fees . . . if the governmental entity or entities prevail in the action and the court determines that the property owner did not accept a bona fide settlement offer. . . .”); cf. Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362, 370 (Fla. 2013) (“We conclude that Diamond Aircraft is entitled to fees but only for the period of litigation until the federal district court held that FDUTPA did not apply to Horowitch's claim.”); Ca

2017The Lee County exception "authorizes an award for damages to the remainder where the use of the land taken constitutes an integral and inseparable part of a single use to which the land taken and other adjoining land is put." Id. at 270 .

2017The Lee County exception "authorizes an award for damages to the remainder where the use of the land taken constitutes an integral and inseparable part of a single use to which the land taken and other adjoining land is put." Id. at 270 .

2017See Lee County, 417 So. 2d at 271 ("[W]here it is possible to separate the element of damage to remaining lands due to use of the land taken from the owner, from the damage thereto flowing from the use of lands taken from others for the same project, the measure of damage is limited to that caused by use of the land taken from the owner." (quoting Oldwick Farms, 308 A.2d at 364 )).

2017See Lee County, 417 So. 2d at 271 ("[W]here it is possible to separate the element of damage to remaining lands due to use of the land taken from the owner, from the damage thereto flowing from the use of lands taken from others for the same project, the measure of damage is limited to that caused by use of the land taken from the owner." (quoting Oldwick Farms, 308 A.2d at 364 )).

2004We conclude that this matter, which was first raised in the circuit court, is controlled by our decision in 84 Lumber Company v. Cooper, 656 So.2d 1297, 1298 (Fla. 2d DCA 1994). 1 As in 84 Lumber, Lee County is attempting, as an interve-nor, to proceed with litigation within an action that the circuit court has already dismissed with finality.