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. 

Foreseeable flooding can be tried as demages in a taking of other parts of propery

FDOT takes a parcel for a stormwater pipe.
Landowner claims that based on the engineering, factility will cause flood damage to the remainder.
FDOT - can't bring those damages as part of the taking! Landowner must wait and file inverse condemnation damage claim later, when (if) flooding occurs.
Trial Court - we'll buy FDOT argument.
5th DCA - who are you kidding? Damages to the remainder are cognizable in taking of part. Here's the opinion.

Seems like a basic point to me, but creates some interesting potential res judicata/law of the case problems, regardless of how this is litigated. Issue (for FDOT) is that landowner gets multiple bites: at the condemnation, where LO can try to prove damages from foreseeable future flooding, then (if this doesn't work), later if flooding actually occurs.



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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.