Compensation - Severance Flashcards
What is full compensation?
Damages for property taken +
Damages to property remaining.
What does full comp include?
COMP. ----------- Full Comp pays for FIVE MoveS ------------ 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.
In 74, what $ is O entitled to at the end of the jury trial?
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
COMP.
Can Clerk invest?
COMP.
Yes & give 90% back to ultimate owner.
Can O lose business damage expert costs?
Yes, per FS 73.091. Business dmg expert fees denied when business when business dmgs not awarded.
Can tort damages be possible in conjunction w/ a claim of taking?
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.
How are severance damages measured?
Diff in value.
Typical severance damages.
SEVERANCE
- Size, shape, change in grade.
- Dmg to remainder from intended use of taken.
Most common severance dmg.
Ease of access.
What if there are multiple tracts?
Court must decide wh/ to treat as single unit or a parent tract for purposes of determining severance dmgs.
Factors court considers for multiple tracts.
SEVERANCE ----------- 3 Factors: 1. Unity of use 2. Unity of Ownership. 3. Physical Contiguity.
Is noise compensable?
SEVERANCE ----------- May be taking if deprives owner of all bene use of the remaining land OR May be severance dmgs.
When must an E.D. petition mention mobile home?
When complaining of an E[ating] D[isorder], Demand Good food truck (Mobile) PANINIS.
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Always. Whether on the property or not, must specify.
Does mobile home owner have to own the land or the business or both?
None. Mobile home can be neither an owner nor a lessee but has claim to be compensated for relocating.
Special dmgs (FS 73.071) require a taking for ROW. How does case law interpret ROW?
Ex. roads only?
Broadly to include drainage.
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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)
Give an example of Dmg to Remainder vs. Business Dmg to show difference.
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.
When is access loss compensable?
What type of access loss is never compensable?
Access is SUBSTANTIALLY DIMINISHED.
Difficult standard. Ex. retaining wall causing circuitous route.
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MOST CONVENIENT access is NEVER compensable.
What shd PL claim if LG czs substantial loss of access but never steps foot on PL’s property?
SEVERANCE ----------- Inverse condemnation. BUT loss to access needs to be SUBSTANTIAL. --- Palm Beach v. Tessler
In an INVERSE CONDEMNATION, who decides whether loss of ACCESS is ‘SUBSTANTIAL’ enough to be compensable?
SEVERANCE ----------- JUDGE! Judge decides all questions of law & fact in an INVERSE CONDEMNATION for loss of ACCESS. --- Palm Beach v. Tessler
State the 4 parts making up full comp.
FULL COMP. ----------- Value of (1) Part taken. (2) Improvements in the part taken. (3) Severance damages to the remainder. (4) Partial cost to cure the remainder.
