SHANNON PROPERTIES, INC., APPELLANT,
v.
TAMPA-HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLEE
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PER CURIAM.
In this proceeding under the authority of chapters 73 and 74, Florida Statutes (1991) (eminent domain), Shannon Properties, Inc., appeals the order of taking entered after a hearing on the appellee’s declaration of taking. The trial court considered the evidence presented and the arguments of counsel and found that the appellee had made the requisite good faith estimate of value. Section 74.031, Fla.Stat. (1991). We affirm. State Road Dep’t v. Falcon, Inc., 157 So. 2d 563 (Fla. 2d DCA1963).
At this early “quick take” stage of the action the trial court’s determination that the estimate was made in good faith is not a determination of full compensation. Capo Inv. Group v. Dep’t of Transp., 578 So. 2d 513 (Fla. 3d DCA1991). Rather, the determination of full value is accomplished at a later stage of the proceedings. Our disposition of this appeal does nothing, of course, to preclude Shannon Properties from presenting its proofs and arguments concerning full compensation for the property taken.
Affirmed.
DANAHY, A.C.J., and CAMPBELL and THREADGILL, JJ„ concur.
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Citator
Cited By
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State v. Barbara's Creative Jewelry, Inc., 728 So. 2d 240 (Fla. 4th DCA 1998)…ake statutes is not designed to conclusively determine the value of the property taken; the final determination of value is left to the jury at a later stage of proceedings. See Shannon Properties, Inc. v. Tampa-Hillsborough County Expressway Auth., 605 So. 2d 594 (Fla. 2d DCA 1992); Florida East Coast Ry. Co. v. Broward County, 421 So. 2d 681, 684 (Fla. 4th DCA 1982). In a close case such as this, the trial court may review the evidence and determine the acquisition cost of the entire parcel is equal to or l…
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LEE Cnty. v. Pierpont, 693 So. 2d 994 (Fla. 2d DCA 1997)…k taking” proceeding (Chapter 74), if compensation or severance damages are in issue, a jury is empaneled to make a determination of value. § 73.071, Fla.Stat. (1981). See also Shannon Properties, Inc. v. Tampa-Hillsborough County Expressway Auth., 605 So. 2d 594 (Fla. 2d DCA 1992). In short, we conclude that the “good faith estimate” of value contained within a declaration of taking pursuant to Proceedings Supplemental to Eminent Domain contained in chapter 74 has no relationship to the “written offer” con…
Authorities Cited
- State Rd. Dep't of Fla. v. Falcon, Inc., 157 So. 2d 563 (Fla. 2d DCA 1963)
- Capo Inv. Grp. Corp. v. State, 578 So. 2d 513 (Fla. 3d DCA 1991)