Compensation - Severance Flashcards

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1
Q

What is full compensation?

A

Damages for property taken +
Damages to property remaining.

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2
Q

What does full comp include?

A
COMP.
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Full Comp pays for FIVE MoveS
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Full comp pays for:
1.   attys Fees + costs
2.  Interest
3.  actual fair mkt Value at time of lawful appropriation.
4.  Expert fees, costs.
5.  MOVing costs.
6.  Severance.
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3
Q

In 74, what $ is O entitled to at the end of the jury trial?

A

A. Diff b/w GF deposit and amt of verdict from date of surrender to date of payment of FJ.
B. Interest from date of taking to payment

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4
Q

Can Clerk invest?

A

Yes & give 90% back to ultimate owner.

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5
Q

Can O lose business damage expert costs?

A

Yes, per FS 73.091. Business dmg expert fees denied when business when business dmgs not awarded.

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6
Q

Tort damages are possible.

A

CR +/or contractors may be liable for dmg even though no taking in the constitutional sense.

Ct may deny takings dmg but approve for negligence.

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7
Q

How are severance damages measured?

A

Diff in value.

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8
Q

Typical severance damages.

A

SEVERANCE

  1. Size, shape, change in grade.
  2. Dmg to remainder from intended use of taken.
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9
Q

Most common severance dmg.

A

Ease of access.

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10
Q

What if there are multiple tracts?

A

Court must decide wh/ to treat as single unit or a parent tract for purposes of determining severance dmgs.

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11
Q

Factors court considers for multiple tracts.

A
SEVERANCE
-----------
3 Factors:
1.   Unity of use
2.  Unity of Ownership.
3.  Physical Contiguity.
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12
Q

Is noise compensable?

A
SEVERANCE
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May be taking if deprives owner of all bene use of the remaining land 
OR 
May be severance dmgs.
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13
Q

When must an E.D. petition mention mobile home?

A

When complaining of an E[ating] D[isorder], Demand Good food truck (Mobile) PANINIS.
————
Always. Whether on the property or not, must specify.

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14
Q

Does mobile home owner have to own the land or the business or both?

A

None. Mobile home can be neither an owner nor a lessee but has claim to be compensated for relocating.

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15
Q

Special dmgs (FS 73.071) require a taking for ROW. How does case law interpret ROW?
Ex. roads only?

A

Broadly to include drainage.
———-
b/c 73.071 speaks of condemnation of a road, canal, levee, or water control facility right-of-way.
Joynt v. Orange County, 701 So.2d 1249 (Fla. 5th DCA 1997)

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16
Q

Give an example of Dmg to Remainder vs. Business Dmg to show difference.

A

Dmg to Remainder: More land-oriented.
ex. cost of relocating improvements on remainder.
Business: More market oriented.
ex. actual or prospective lost profits caused by the taking of a part of the property.

17
Q

When is access loss compensable?
What type of access loss is never compensable?

A

Access is SUBSTANTIALLY DIMINISHED.
Difficult standard. Ex. retaining wall causing circuitous route.

MOST CONVENIENT access is NEVER compensable.

18
Q

What shd PL claim if LG czs substantial loss of access but never steps foot on PL’s property?

A
SEVERANCE
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Inverse condemnation.  But the loss to access needs to be SUBSTANTIAL.
---
Palm Beach v. Tessler
19
Q

In an INVERSE CONDEMNATION, who decides whether loss of ACCESS is ‘SUBSTANTIAL’ enough to be compensable?

A
SEVERANCE
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JUDGE!
Judge decides all questions of law & fact in an INVERSE CONDEMNATION for loss of ACCESS.
---
Palm Beach v. Tessler
20
Q

State the 4 parts making up full comp.

A
FULL COMP.
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Value of 
(1)  Part taken.
(2)  Improvements in the part taken.
(3)  Severance damages to the remainder.
(4)  Partial cost to cure the remainder.