Attorney Paul D. Bain's Legal Cases

Real estate

State Dept. of Transp. v. Robbins & Robbins, Inc.

May 01, 2008

OUTCOME: Business defeated total taking of property.

Eminent domain -- Department of Transportation's motion for leave to amend its eminent domain petition, under which it acquired a partial taking, in order to acquire remainder of property for purpose o ... f eliminating claims for business and severance damages stemming from partial taking is denied -- Condemnor cannot convert partial taking to whole taking after title has vested from the partial taking -- Title vested in Department and right to compensation for partial taking vested in property owners on date Department deposited its estimate of value into court registry -- Further, DOT failed to negotiate in good faith and issue required notices for additional property it seeks to acquire in amended petition -- Resolution attached to petition authorized only a partial taking and authorized acquisition for road construction, not for purposes of limiting acquisition costs, and DOT failed to attach authorizing resolution to its motion for leave to amend

Real estate

Pichowski v. Florida Gas Transmission Co.

Aug 08, 2003

OUTCOME: Owner defeated private gas company taking.

Natural gas transmission company sought landowners' property under quick take provisions of eminent domain statutes. The Circuit Court, Hillsborough County, Daniel E. Gallagher, J., entered judgment fo ... r transmission company. Landowners appealed. The District Court of Appeal, Silberman, J., held that transmission company was not a "public utility" entitled to use the quick take provision of eminent domain statutes.

Real estate

Winn-Dixie Stores, Inc. v. Department of Transp.

Jan 22, 2003

OUTCOME: Tenant successfully claimed apportionment

Lessee of store in shopping center sought apportionment of condemnation proceeds and opposed lessor's motion to release escrowed funds received from the Department of Transportation after Department co ... ndemned portion of shopping center's parking lot. The Circuit Court, Polk County, Dennis P. Maloney, J., granted lessor's motion and denied apportionment. Lessee appealed. The District Court of Appeal, Stringer, J., held that lessee had leasehold interest in parking lot, entitling it to apportionment of condemnation proceeds.

Real estate

Amoco Oil Company v. State Dept. of Transp.

Jun 06, 2000

OUTCOME: Business entitled to fees for posttrial proceeding

Following settlement in eminent domain proceeding, the Circuit Court, Duval County, Michael R. Weatherby, J., denied landowner's motion to tax supplemental attorney fees and costs. Landowner appealed. ... The District Court of Appeal held that matter of attorney fees had been fully resolved by parties' own agreement.

Real estate

State Dept. of Transp. v. Checkers Drive-In Restaurants, Inc.

Dec 17, 1998

OUTCOME: Veterinary clinic defeated FDOT's off-site cure

Circuit court in eminent domain proceedings ruled that FDOT's calculation of business damages to veterinary clinic which speculated moving clinic off-site within either (1) a two mile radius or (2) a t ... hree to five mile radius of the existing location was inadmissible since it involved land outside the owner's property subject to FDOT's partial taking.

Real estate

State Dept. of Transp. v. IRT Properties, Inc.

Sep 11, 1998

OUTCOME: Owner entitled to fees for posttrial proceedings

Where Department of Transportation elected to litigate defendant's motion to tax costs after final judgment had been entered, attorney's fees and costs incurred by defendant in connection with that lit ... igation were incurred in ``supplemental proceedings,'' and defendant was entitled to recover those fees and costs from FDOT

Real estate

State Dept. of Transp. v. Three Flags Properties, Inc.

Jan 01, 1998

OUTCOME: Owner entitled to compensation for TIITF lands

Appellate court affirmed trial court's ruling in eminent domain proceedings that 1941 Trustees of the Internal Improvement Trust Fund (TIITF) reservation covering a portion of the landowner's property ... along State Road 44 was not valid and in effect when FDOT took additional property from owner for road widening. FDOT obligated to pay compensation to owner for properties subject to 1941 TIITF reservation.

Real estate

State Dept. of Transp. v. Cenland Associates

Apr 04, 1997

OUTCOME: Owner recovers non-monetary benefit attorney's fee

Award of attorney's fees in eminent domain proceedings, in which counsel for defendant corporation obtained higher purchase price for defendant than that offered by Department of Transportation and non ... -monetary benefits, including variances from county for business identification sign, landscape buffers, and provisions in final judgment requiring FDOT to provide driveways/curbcuts to defendant's business and to accept defendant's stormwater retention requirements.

Real estate

M&C Associates, Inc. v. Department of Transp.

Nov 01, 1996

OUTCOME: Business recovered damages caused by construction

Motel owner moved to enforce provision in final judgment incorporating eminent domain settlement agreement between owner and Department of Transportation that granted court jurisdiction to assess damag ... es to pool caused by construction. The Circuit Court, Polk County, Susan W. Roberts, J., struck motion. Owner appealed. The District Court of Appeal held that owner, Department, and trial court were bound by terms of settlement agreement, including provision reserving to court jurisdiction to assess damages to pool resulting from construction.

Real estate

Caulk v. Orange County

Oct 20, 1995

OUTCOME: Owner successfully defended predecessor's claim.

County brought condemnation action against landowner. Predecessor-in-title moved to intervene, claiming part interest in condemnation proceeds based on covenant language in deed which conveyed her in ... terest in subject land. The Circuit Court, Orange County, William C. Gridley, J., granted motion, but denied apportionment of proceeds. Predecessor-in-title appealed. The District Court of Appeal, Peterson, C.J., held that: (1) covenant regarding condemnation proceeds did not touch and concern land, and (2) such covenant was not intended to run with land.

Paul D. Bain's Legal Cases (11)

State Dept. of Transp. v. Robbins & Robbins, Inc.

Pichowski v. Florida Gas Transmission Co.

Winn-Dixie Stores, Inc. v. Department of Transp.

Amoco Oil Company v. State Dept. of Transp.

State Dept. of Transp. v. Checkers Drive-In Restaurants, Inc.

State Dept. of Transp. v. IRT Properties, Inc.

State Dept. of Transp. v. Three Flags Properties, Inc.

State Dept. of Transp. v. Cenland Associates

M&C Associates, Inc. v. Department of Transp.

Caulk v. Orange County