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.
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.