LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

How NOT to litigate a takings case

The 11th Circuit released this opinion in a case where landowners sued the City of Fort Walton Beach in a s. 1983 action. The allegation is basically that city employees or officials came in at the request of a private party (HAS to be a neigbhor fight) and paved a section of their property.

For some reason they went to federal court with a 1983 claim for takings (under the public use clause) rather than suing for inverse condemnation in Florida court. Don't ask me why - you'd get more compensation in a Florida court case (full being atty's and engineers/appraisers) if you win than in fed court, and you could much more effectively litigate the title issues.

Moreover, the case is (as Matt C points out over at Abstract Appeal) a good exposition in how not to plead when trying to attach 1983 liability to a city or even to get the personnel on the hook personally.

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Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.