Indian River County v. Indian River West, Inc.

Appellant, Indian River County, argues that the trial court erred in granting appel-lee, Indian River West, Inc., a new trial in this eminent domain action where the sole issue at trial concerned the valuation of certain property. We agree and reverse.

The jury verdict in an eminent domain proceeding must not be less than the lowest property value testified to by an expert. Behm v. Division of Administration, 336 So.2d 579, 581-82 (Fla.1976). In the instant case, the jury returned a verdict in favor of appellee for $365,000, although the lowest property value testified to by an expert at trial…