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 are assets not recoverable?
CONSEQ. DMGS ----------- for a BO, Traffic is Convenient. ----------- 1. Traffic flow. 2. Convenient Access.
In Eminent Domain business damages, what 3 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.
State 2 reasons why certain business damages are not compensable.
CONSEQ. DMGS
- Exercise police pwrs. Businesses are resilient. U-turns, 1-way traffic.
- – - Don’t meet criteria of Public Tenant 5 COPA ROW.
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.
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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.
Regarding eminent domain, can Condemnor assert that expanding a 2-lane road into a 4-lane is a spec bene & reduces its damages owed?
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.