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. 

Condemnation blight - error to exclude evidence

Ah, the DOT strikes again.

Here, the DOT managed to get a motion in limine that prevented the condemnee from showing the jury evidence that property rents had been depressed by the prospect of a (very long time in coming) taking for a road project.

To add insult to injury, the DOT then crossed the plaintiff's expert on why they used "old" rent data and not newer, lower rents.

The 2d didn't buy it and reversed in this opinon. It cited by US and Florida Supreme Court cases for the fundamental and longstanding principle that the government cannot depress the value of property (whether regulation or just the threat of condemnation) and then benefit from that action in the condemnation award.

46 N. Washington Blvd, Suite 7, Sarasota, FL 34236      Phone (941) 681-8700

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.