1st DCA Clarifies Prior Opinion in Takings Case
Drake et al v. Walton County, 6 So.3d 717 (Fla. 1st DCA 2009)
The 1st DCA issued a clarifying opinion in this case clarifying that there were two different takings – a temporary taking and a later permanent taking – from the flooding of the property involved. The confusing facts are that the land was flooded, then made dry by drainage improvements and a dam installed by the County, then flooded again by later actions taken by the County, including removing the dam. Lesson: if the government creates private property, it must pay compensation if it later destroys that property.
The 1st DCA issued a clarifying opinion in this case clarifying that there were two different takings – a temporary taking and a later permanent taking – from the flooding of the property involved. The confusing facts are that the land was flooded, then made dry by drainage improvements and a dam installed by the County, then flooded again by later actions taken by the County, including removing the dam. Lesson: if the government creates private property, it must pay compensation if it later destroys that property.