ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY, APPELLANT,
v.
ORANGE NORTH ASSOCIATES, APPELLEE
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The court held that a landowner need only show an invasion of a property right to establish a taking, not necessarily damages prior to the order of taking.
The Orlando/Orange County Expressway Authority appealed an order of taking for property used as a shopping center. The landowner alleged that the fili…
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PETERSON, Judge.
The Orlando/Orange County Expressway Authority appeals an order of taking, contending that the trial court erred in determining that a taking occurred because the appellee landowner failed to show damages prior to the entry of the order. We affirm.
The property involved in this taking is used as an improved shopping center, and the owner alleged that the filing of a map of reservation pursuant to subsections 337.-241(2) and (3), Florida Statutes (1987),1 which indicated the potential loss of frontage on a busy thoroughfare, caused the loss of prospective and current tenants. The allegations are similar to those in Orlando/Orange County Expressway Authority v. W & F Agrigrowth-Fernfield, Ltd., 582 So. 2d 790 (Fla. 5th DCA 1991), where the reservation map imposed a moratorium effectively preventing the sale and development of the owner’s land. The opinion indicated that “in order to establish a taking ... [the landowner] need only show that the authority’s action in recording the reservation map invaded some property right of ... [the landowner].” Id. at 792. Whether any damages flowed from the taking in the instant case, thus entitling compensation to be awarded to the landowner, is to be determined by a jury.
AFFIRMED.
DAUKSCH and W. SHARP, JJ., concur. . The Florida Supreme Court declared these sections unconstitutional in Joint Ventures, Inc. v. Department of Transportation, 563 So. 2d 622 (Fla.1990).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't OF Transp. v. Weisenfeld, 617 So. 2d 1071 (Fla. 5th DCA 1993)…ge County Expressway Auth. v. West 50 Ltd., 591 So. 2d 682 (Fla. 5th DCA 1992); Orlando/Orange County Expressway Auth. v. West Orange Nurseries, 590 So. 2d 1129 (Fla. 5th DCA 1992); and Orlando/Orange County Expressway Auth. v. Orange North Assocs., 590 So. 2d 1099 (Fla. 5th DCA 1991). See also Palm Beach County v. Wright, 612 So. 2d 709 (Fla. 4th DCA 1993) and Tampa-Hillsborough Expressway Auth. v. A.G.W.S. Corp., 608 So. 2d 52 (Fla. 2d DCA 1992). As previously noted, the Florida Supreme Court denied review o…
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Palm Beach Cnty. v. Wright, 612 So. 2d 709 (Fla. 4th DCA 1993)…v. Department of Transportation, 563 So. 2d 622 (Fla.1990); Orlando/Orange County Expressway Authority v. W & F Agrigrowth-Fernfield, Ltd., 582 So. 2d 790 (Fla. 5 DCA 1991); and Orlando/Orange County Expressway Authority v. Orange North Associates, 590 So. 2d 1099 (Fla. 5 DCA 1991) decisions. 4. The Thoroughfare Map, as adopted and implemented by the land use element and traffic circulation element of the Palm Beach County Comprehensive Plan, constitutes a temporary taking of that portion of Plaintiff(s)’ pr…1 / 2
Authorities Cited
- Joint Ventures, Inc. v. Dep't OF Transp., 563 So. 2d 622 (Fla. 1990)
- Orlando/Orange Cnty. Expressway Auth. v. W & F Agrigrowth-Fernfield, Ltd., 582 So. 2d 790 (Fla. 5th DCA 1991)