PALISI
v.
LOUISVILLE & NASHVILLE RAILROAD CO., INC.

U.S. | 1965-10-11
No. 342
382 U.S. 834 Supreme Court of the United States (1965) Positive Treatment
Cited by 9 cases

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  • …requirement of full compensation means that the landowner must be completely paid for that which is taken, and compensated for the whole loss occasioned by the taking. Florida East Coast Railway v. Martin County, 171 So. 2d 873 (Fla.), cert. denied, 382 U.S. 834, 86 S.Ct. 79,15 L.Ed.2d 78 (1965); Meyers v. City of Daytona Beach, 158 Fla. 859, 30 So. 2d 354 (1947). In most cases it will be necessary and sufficient to full compensation that the award constitute the fair market value of the property. Casa Loma…
  • Malone v. Division of Administration, 438 So. 2d 857 (Fla. 3d DCA 1983)
    …n, health and safety regulations of the state, local and federal governments. Compliance with such “police power” regulations is not compensable under Florida law. Florida East Coast Railway Co. v. Martin County, 171 So. 2d 873 (Fla.), cert. denied, 382 U.S. 834, 86 S.Ct. 79, 15 L.Ed.2d 78 (1965). For the same reason, we hold that Cost Item V is not recoverable. We also reject the expenses claimed under Cost Item VI. The movement and storage of the waste grease itself is related to the “down time” of the p…
  • Division OF Administration v. Decker, 450 So. 2d 1220 (Fla. 2d DCA 1984)
    …DCA 1966). The Florida Supreme Court has indicated that costs in eminent domain proceedings should be assessed “as costs are assessed in all other civil actions,” Florida East Coast Railway v. Martin County, 171 So. 2d 873, 883 (Fla.), cert. denied, 382 U.S. 834, 86 S.Ct. 79, 15 L.Ed.2d 78 (1965). Of course, costs in other civil actions are assessed at the conclusion of the proceedings when the cause is “determined.” See § 57.021, Fla.Stat. (1981). Defendants argue that the proceedings as to the original t…

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