Shannon Properties, Inc. v. Tampa-Hillsborough County Expressway Authority ex rel. State, Department of Transportation

District Court of Appeal of Florida

Shannon Properties, Inc. v. Tampa-Hillsborough County Expressway Authority ex rel. State, Department of Transportation

605 So. 2d 594, 1992 Fla. App. LEXIS 10306, 1992 WL 251416

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 1992

DocketNo. 92-00784

StatusPublished

Cited by2 cases

This text of 605 So. 2d 594 (Shannon Properties, Inc. v. Tampa-Hillsborough County Expressway Authority ex rel. State, Department of Transportation) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shannon Properties, Inc. v. Tampa-Hillsborough County Expressway Authority ex rel. State, Department of Transportation, 605 So. 2d 594, 1992 Fla. App. LEXIS 10306, 1992 WL 251416 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

In this proceeding under the authority of chapters 73 and 74, Florida Statutes (1991) (eminent domain), Shannon Properties, Inc., appeals the order of taking entered after a hearing on the appellee’s declaration of taking. The trial court considered the evidence presented and the arguments of counsel and found that the appellee had made the requisite good faith estimate of value. Section 74.031, Fla.Stat. (1991). We affirm. State Road Dep’t v. Falcon, Inc., 157 So.2d 563 (Fla. 2d DCA1963).

At this early “quick take” stage of the action the trial court’s determination that the estimate was made in good faith is not a determination of full compensation. Capo Inv. Group v. Dep’t of Transp., 578 So.2d 513 (Fla. 3d DCA1991). Rather, the determination of full value is accomplished at a later stage of the proceedings. Our disposition of this appeal does nothing, of course, to preclude Shannon Properties from presenting its proofs and arguments concerning full compensation for the property taken.

Affirmed.

DANAHY, A.C.J., and CAMPBELL and THREADGILL, JJ„ concur.

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PER CURIAM.

In this proceeding under the authority of chapters 73 and 74, Florida Statutes (1991) (eminent domain), Shannon Properties, Inc., appeals the order of taking entered after a hearing on the appellee’s declaration of taking. The trial court considered the evidence presented and the arguments of counsel and found that the appellee had made the requisite good faith estimate of value. Section 74.031, Fla.Stat. (1991). We affirm. State Road Dep’t v. Falcon, Inc., 157 So.2d 563 (Fla. 2d DCA1963).

At this early “quick take” stage of the action the trial court’s determination that the estimate was made in good faith is not a determination of full compensation. Capo Inv. Group v. Dep’t of Transp., 578 So.2d 513 (Fla. 3d DCA1991). Rather, the determination of full value is accomplished at a later stage of the proceedings. Our disposition of this appeal does nothing, of course, to preclude Shannon Properties from presenting its proofs and arguments concerning full compensation for the property taken.

Affirmed.

DANAHY, A.C.J., and CAMPBELL and THREADGILL, JJ„ concur.

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605 So. 2d 594, 1992 Fla. App. LEXIS 10306, 1992 WL 251416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-properties-inc-v-tampa-hillsborough-county-expressway-authority-fladistctapp-1992.

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