Division of Administration, State, Department of Transportation v. Espey

District Court of Appeal of Florida

Division of Administration, State, Department of Transportation v. Espey

413 So. 2d 71, 1982 Fla. App. LEXIS 19635

District Court of Appeal of Florida·Decided March 23, 1982·No. No. 81-625·Published·Cited by 2 cases

Opinion

PER CURIAM.

We affirm the final judgment based on a jury verdict awarding appellee $20,075 in this eminent domain action. The trial court properly allowed the jury to consider, as evidence of the value of the property, a comparable sale to the condemning authority subsequent to the date the declaration of taking was filed. See City of Fort Lauderdale v. Casino Realty, Inc., 313 So.2d 649 (Fla.1975); Division of Administration, State, Department of Transportation v. Samter, 393 So.2d 1142 (Fla. 3d DCA), pet. for rev. denied, 402 So.2d 612 (Fla.1981); Wilkerson v. Division of Administration, State, Department of Transportation, 319 So.2d 585 (Fla. 2d DCA 1975); Central and Southern Florida Flood Control District v. Dinkines, 165 So.2d 189 (Fla. 3d DCA 1964); cf. Home Owners of Winter Haven, Inc. v. [72]*72Polk County, 320 So.2d 480 (Fla. 2d DCA 1975), cert. denied, 336 So.2d 106 (Fla.1976).

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PER CURIAM.

We affirm the final judgment based on a jury verdict awarding appellee $20,075 in this eminent domain action. The trial court properly allowed the jury to consider, as evidence of the value of the property, a comparable sale to the condemning authority subsequent to the date the declaration of taking was filed. See City of Fort Lauderdale v. Casino Realty, Inc., 313 So.2d 649 (Fla.1975); Division of Administration, State, Department of Transportation v. Samter, 393 So.2d 1142 (Fla. 3d DCA), pet. for rev. denied, 402 So.2d 612 (Fla.1981); Wilkerson v. Division of Administration, State, Department of Transportation, 319 So.2d 585 (Fla. 2d DCA 1975); Central and Southern Florida Flood Control District v. Dinkines, 165 So.2d 189 (Fla. 3d DCA 1964); cf. Home Owners of Winter Haven, Inc. v. [72]*72Polk County, 320 So.2d 480 (Fla. 2d DCA 1975), cert. denied, 336 So.2d 106 (Fla.1976).

Division of Administration, State, Department of Transportation v. Espey, 413 So. 2d 71, 1982 Fla. App. LEXIS 19635 (Fla. Ct. App. 1982).

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