Consequential Damages

Question 1

What compensation is available for Inconvenience of Construction?

Answer 1

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.

Question 2

For purposes of consequential damages, what are assets not recoverable?

Answer 2

CONSEQ. DMGS
-----------
for a BO, Traffic is Convenient.
-----------
1.   Traffic flow.
2.  Convenient Access.

Question 3

What consequential damages are compensable in FL?

Answer 3

CONSEQ. DMGS

1. Lost Profits.
2. Goodwill.
3. Other intangible. §73.071(3)(b)

Question 4

How must a BO qualify to be eligible to make a business damage claim?

Answer 4

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.

Question 5

What business damages are not compensable?

Answer 5

CONSEQ. DMGS
-----------
Not compensable – location related:
1.  Loss of traffic flow.
2.  Convenient access.

Question 6

State 2 reasons why certain business damages are not compensable.

Answer 6

CONSEQ. DMGS

1. Exercise police pwrs. Businesses are resilient. U-turns, 1-way traffic.
   - –
2. Don’t meet criteria of Public Tenant 5 COPA ROW.

Question 7

When might physical access be compensable?

Answer 7

If constr substantially diminishes physical access, a taking has occurred.

Question 8

What if govt czs damages?

Answer 8

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.

Question 9

What kind of benefit gets credited toward severance if LG’s taking bestows a benefit to the remainder?

Answer 9

Bene must be directly & peculiarly to the specific property, above that enjoyed by neighboring properties. More than just general appreciation of the neighborhood properties.

Question 10

Give example.

Answer 10

FDOT bisects parcel & places an interchange on the taken.
Remainder now has a benefit, different than neighbors, & directly attributable to the road project.

Question 11

What if 4 parcels get bisected - is there still a special benefit?

Answer 11

Yes - each remainder is greatly enhanced over others.
———–
Levit v. DOP 248 So.2d 541 (Fla. 1st DCA 1971)

Question 12

What if a median break is placed next to the remainder - is it a special bene?

Answer 12

“Easy no.”
Not a special benefit. FDOT can do whatever it wants with its ROWs.

Question 13

What if 2 lane is expanded to 4 - is that a spec bene?

Answer 13

No. More traffic flow is not a spec bene.

Question 14

What is a traffic light is placed next to the remainder - is it a special bene?

Answer 14

Could be. Murky. Argue it.