State Dept. of Transp. v. Shaw, T--336
| Decision Date | 19 November 1974 |
| Docket Number | No. T--336,T--336 |
| Citation | 303 So.2d 75 |
| Parties | STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. J. P. SHAW and Claudie L. Shaw, Appellees. |
| Court | Florida District Court of Appeals |
Geoffrey B. Dobson and Barbara Ann Dell McPherson, Tallahassee, for appellant.
D. Michael Chesser, of Moore, Dewrell, Anchors & Kessler, Valparaiso, for appellees.
Appellees, hereinafter referred to as Shaws, owned 60 acres of property, approximately three acres of which were condemned and taken by appellant, hereinafter referred to as DOT. On Shaws' property was located a house, barn, various outhouses, fruit trees and timber.
Prior to condemnation DOT's agent, Hayes, the District Relocation Agent for the Third District, negotiated with Shaws incident to relocation allowance, delivering to Shaws a booklet entitled home was appraised at $6,304.00 and Hayes determined that it would cost $2,029.00 more than that for Shaws to obtain standard housing under the Federal Act, Title 23. Hayes explained that this amount would be paid immediately to Shaws if Shaws would sign the application for Replacement Housing Allowance. DOT's appraisal of total damages to Shaws' property, including the value of the property actually taken (which included the home) and severance damages amounted to $12,800.00. Shaws refused to accept DOT's appraisal and offer, resulting in an eminent domain proceeding at the conclusion of which the jury returned a verdict for Shaws in the sum of $18,275.00.
The only evidence of value of Shaws' home which was introduced in the eminent domain proceeding was DOT's appraisal of $6,304.00. Shaws did not contest that valuation nor the evidence thereof.
Following the eminent domain proceeding Shaws sought to obtain the replacement housing allowance in the sum of $2,029.00. DOT took the position that inasmuch as 52% Of its original appraisal and offer was allocated to the value of the home, the jury verdict of $18,275.00 should be so apportioned, reasoning therefore that $9,503.00 of the jury verdict was attributable to the home. (The verdict was a lump-sum verdict, not apportioned among the several items of damage.) By comparing said amount with the previously determined value of 'comparable, decent, safe and sanitary replacement housing' of...
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Division of Admin. State Dept. of Transp. v. Ideal Holding Co.
...DCA 1982), required payment of attorney's fees to a landowner who successfully resisted the taking; and State, Dept. of Transportation v. Shaw, 303 So.2d 75 (Fla. 1st DCA 1974), appellate court determined that an owner may recover costs and fees in a separate action to recover damages upon ......
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Garber v. State, Dept. of Transp., 96-1169
...So.2d 597 (Fla.1986); Hodges v. Division of Admin., State, Dep't of Transp., 323 So.2d 275 (Fla. 2d DCA 1975); State Dep't of Transp. v. Shaw, 303 So.2d 75 (Fla. 1st DCA 1974). The [condemning authority as] petitioner shall pay attorney's fees ... as well as all reasonable costs incurred in......
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Schick v. Florida Dept. of Agriculture and Consumer Services, 89-2759
...proceeding in condemnation are similarly payable by the state pursuant to sections 73.091 and 73.131. See State Dept. of Transportation v. Shaw, 303 So.2d 75 (Fla. 1st DCA 1974); City of Jacksonville v. Schumann, 223 So.2d 749 (Fla. 1st DCA 1969). Accordingly, we hold that attorney's fees a......
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Collier Cnty. v. RTG, LLC, Case No: 2:17-cv-14-FtM-38CM
...Dep't of Agric. & Consumer Srvs., 586 So. 2d 452, 454 (Fla. Dist. Ct. App. 1991) (emphasis added) (citing State Dep't of Transp. v. Shaw, 303 So. 2d 75, 77 (Fla. 1st DCA 1974)). A proceeding arises out of or is ancillary to the original condemnation action if it involves a dispute "arising ......