Florida/Georgia Personal Injury & Workers Compensation

...obviously upon the condemnor to present evidence of such full compensation, failing which it cannot take the property. And this burden of the condemnor is not met simply by making an estimate of full compensation and depositing the same into Court. Section 74.081 of Chapter 74, the so-called "quick taking" chapter, specifically provides that neither the declaration of taking, nor the amount of the deposit, shall be admissible in evidence in any action....

...lishes the minimum for an award of damages. We do not read this statement as meaning that, regardless of the evidence presented at trial, the good faith offer made by the condemning authority is binding upon the jury. Our conclusion finds support in section 74.081, Florida Statues (1997), which provides: "Neither the declaration of taking, nor the amount of the deposit, shall be admissible in evidence in any action." Applying this reasoning to the instant facts, a minimum value was not established at trial because the testimony of DOT's expert witness was excluded....

...hether he knew where the petitioner got the original estimate of $200, and he replied that he did not know. The trial court overruled the petitioner’s objection *421 to this question. The petitioner argues that the said ruling is inconsistent with Section 74.081, Florida Statutes, F.S.A., which reads: “Neither the declaration of taking, nor the amount of the deposit, shall be admissible in evidence in any action.” Assuming that the said ruling is inconsistent with Section 74.081, that ruling does not constitute reversible error by virtue of another statute — Section 59.041 Florida Statutes, F.S.A., which reads: “No judgment shall be set aside or reversed or new trial granted by any court of the state in an...