Garcia v. State Department of Transportation ex rel. Division of Administration & Road Operations

Landowner seeks reversal of a judgment awarding him $12,734 in severance damages pursuant to a jury verdict in a condemnation action.

The State of Florida’s Department of Transportation filed suit to condemn 8.2 acres of a 19.2 acre parent tract owned by the appellant, Antonio Garcia, for the construction of the Homestead extension of the Florida turnpike.

On the issue of valuation, Earl Giddens, a witness for the Department, testified that there were no severance damages to the remainder of the property. Garcia then presented two appraisal witnesses who testified as to severance damages of…