Compensation - Severance

Question 1

What is full compensation?

Answer 1

Damages for property taken +
Damages to property remaining.

Question 2

What does full comp include?

Answer 2

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.

Question 3

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

Answer 3

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

Question 4

Can Clerk invest?

Answer 4

Yes & give 90% back to ultimate owner.

Question 5

Can O lose business damage expert costs?

Answer 5

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

Question 6

Can tort damages be possible in conjunction w/ a claim of taking?

Answer 6

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.

Question 7

How are severance damages measured?

Answer 7

Diff in value.

Question 8

Typical severance damages.

Answer 8

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

Question 9

Most common severance dmg.

Answer 9

Ease of access.

Question 10

What if there are multiple tracts?

Answer 10

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

Question 11

Factors court considers for multiple tracts.

Answer 11

3 Factors:
1. Unity of use
2. Unity of Ownership.
3. Physical Contiguity.

Question 12

Is noise compensable?

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

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

Answer 15

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)

Question 16

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

Answer 16

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.

Question 17

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

Answer 17

Access is SUBSTANTIALLY DIMINISHED.
Difficult standard. Ex. retaining wall causing circuitous route.
—
MOST CONVENIENT access is NEVER compensable.

Question 18

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

Answer 18

Inverse condemnation.
BUT loss to access needs to be SUBSTANTIAL.
—
Palm Beach v. Tessler

Question 19

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

Answer 19

JUDGE!
Judge decides all questions of law & fact in an INVERSE CONDEMNATION for loss of ACCESS.
—
Palm Beach v. Tessler

Question 20

State the 4 parts making up full comp.

Answer 20

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