Consequential Damages Flashcards
What compensation is available for Inconvenience of Construction?
A. Zero comp.
B. All property abutting a public work suffers temp inconvenience of the same general nature.
C. Regardless of degree, it’s the privilege of benefiting from govt pub works projects.
For purposes of consequential damages, what 2 assets are not considered “property”?
CONSEQ. DMGS
- Traffic flow.
- Convenient Access.
What consequential damages are compensable in FL?
CONSEQ. DMGS
- Lost Profits.
- Goodwill.
- Other intangible. §73.071(3)(b)
How must a BO qualify to be eligible to make a business damage claim?
Business address is 5 COPA cabana.
1. 5 years Continuous operation + physically @ taking location.
2. business O = prop taken O.
3. Partial taking.
4. Adjoining. Locale is adjoining lands also owned by property owner.
What business damages are not compensable?
CONSEQ. DMGS ----------- Not compensable – location related: 1. Loss of traffic flow. 2. Convenient access.
Why are certain business damages not compensable?
b/c businesses are resilient. U-turns, 1-way traffic, subject of police power.
When might physical access be compensable?
If constr substantially diminishes physical access, a taking has occurred.
What if govt czs damages?
FL Const. Art X, Sec 6 compensates O only for property “taken” not for property damaged.
LG may impair w/o giving O rt to sue for dmgs. Privilege of benefiting from LG works.
What kind of benefit gets credited toward severance if LG’s taking bestows a benefit to the remainder?
Bene must be directly & peculiarly to the specific property, above that enjoyed by neighboring properties. More than just general appreciation of the neighborhood properties.
Give example.
FDOT bisects parcel & places an interchange on the taken.
Remainder now has a benefit, different than neighbors, & directly attributable to the road project.
What if 4 parcels get bisected - is there still a special benefit?
Yes - each remainder is greatly enhanced over others.
———–
Levit v. DOP 248 So.2d 541 (Fla. 1st DCA 1971)
What if a median break is placed next to the remainder - is it a special bene?
“Easy no.”
Not a special benefit. FDOT can do whatever it wants with its ROWs.
What if 2 lane is expanded to 4 - is that a spec bene?
No. More traffic flow is not a spec bene.
What is a traffic light is placed next to the remainder - is it a special bene?
Could be. Murky. Argue it.
