State, Department of Transportation v. Bennett

POLEN, Judge.

The Bennetts operated an automobile repair garage on land acquired by the State of Florida Department of Transportation [DOT] as part of the Interstate 595 project in Broward County. Following the entry of an order of taking, a trial was held on the issue of valuation. Prior to trial, the DOT filed a motion in limine, seeking the exclusion of evidence regarding the cost to bring the Bennetts’ property into compliance with local building and environmental regulations. The Bennetts’ repair garage was exempt from the regulations because the Bennetts began operating their business…