Department of Transportation v. Samuels

Banke, Presiding Judge.

Samuels filed an inverse condemnation action against the Department of Transportation (DOT) on June 13,1986, alleging that the DOT had, by declaration of taking, previously condemned certain land belonging to him without depositing into the registry of the court a sum of money sufficient to afford him just and adequate com pensation for the taking. The DOT moved to dismiss the complaint for failure to state a claim. Following a hearing, the trial court determined that an inverse condemnation action could not be maintained under the circumstances but apparently…