State, Department of Transportation v. Michelin

When the Florida DOT widened Da-vie Boulevard in Broward County, the taking included a portion of the appellee landowner’s entrance to a strip shopping center. Over the DOT’s objection, owner’s appraiser included in his opinion as to severance damages the fact that the owner would lose parking spaces because he would now have to have a handicapped parking space. The appraiser would not allocate what portion of the severance damages was attributable to parking.

Compliance with police power regulations is not compensable under Florida eminent domain law. State Dept. of Transp. v. Bennett, 592…