HERNANDO COUNTY, FLORIDA, APPELLANT,
v.
RODGER L. ANDERSON AND HAL K. YEAGER, ETC., APPELLEES

Fla. 5th DCA | 1999-06-11
No. 98-1825
COBB, HARRIS and PETERSON, JJ., concur.
737 So. 2d 569 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Hernando County, Florida, appeals a non-final order finding it liable for compensation in an action for inverse condemnation for the destruction of two 40’ by 20’ billboards. We affirm.

In Florida, billboards are considered personal property rather than realty. The owners of the billboards in the instant case were entitled to remove them from the realty upon the expiration of their leasehold interest. Sweeting v. Hammons, 521 So. 2d 226 (Fla. 3d DCA 1988); Division of Admin., State of Fla., Dept. of Transp. v. Allen, 447 So. 2d 1383 (Fla. 5th DCA 1984). Hernando County, apparently assuming it acquired the billboards when it acquired the real property, gave the billboard owners no opportunity to remove the billboards and simply destroyed them. The destruction entitled the billboard owners to recovery of the billboards’ replacement value less depreciation.

AFFIRMED.

COBB, HARRIS and PETERSON, JJ., concur.


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  • Kisner v. State, 768 So. 2d 1107 (Fla. 5th DCA 2000)
    …an.6, 2000); Robinson v. State, 742 So. 2d 863 (Fla. 5th DCA 1999), review granted, Table No. SC96976, 761 So. 2d 331 (Fla. Feb. 21, 2000); Moon v. State, 737 So. 2d 655 (Fla. 5th DCA 1999), review granted, 751 So. 2d 1253 (Fla.2000); Cook v. State, 737 So. 2d 569 (Fla. 5th DCA 1999), review granted, Table No. SC96399, 761 So. 2d 327 (Fla. Feb 21, 2000). Kisner’s second argument is that the Prison Releasee Reoffender Act is unconstitutional because it denies due process of law. This argument was raised, sua…
  • Gonzales v. State, 762 So. 2d 920 (Fla. 3d DCA 1999)
    …738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . The same question has been certified in other cases. See, e.g., Moore v. State, 729 [*921] So. 2d 541 (Fla. 1st DCA 1999), review granted, No. 95,604, 741 So. 2d 1136 (Fla. Sept. 2, 1999); Cook v. State, 737 So. 2d 569 (Fla. 5th DCA 1999); Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999); Durden v. State, 743 So. 2d 77 (Fla. 1st DCA 1999); Reyes v. State, 742 So. 2d 825 (Fla. 1st DCA 1999); Gray v. State, 742 So. 2d 805 (Fla. 5th DCA 1999).…
  • Smith v. State, 753 So. 2d 703 (Fla. 5th DCA 2000)
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