Florida DEP v West, et al

Outcome: Landowners won approx. $7 million

Description: Eminent domain case with "compensation blight" feature. Property's "highest and best use" is that prior to the date the State made apparent its intention to condemn the property (Feb. 9, 1982). The "take" was in 2004, and 2004 Fair Market Values were applied to H&BU in 1982. The fact that there was no real market for the property in 2004 was not to be considered by the jury. The State plans to file a Motion for Rehearing, Certification of Conflict, and probably will seek discretionary review from the Florida Supreme Court.