Legal Opinion

Benaim v. PCL Civil Constructors, Inc.

District Court of Appeal of Florida

Decided August 16, 2000No. 4D99-4058Published

1Opinion of the CourtShahood, J.

In this inverse condemnation action, we affirm the trial court’s finding that there was no taking, and appellants, therefore, are not entitled to compensation. We agree with the trial court’s assessment that, rather than a compensable taking of access, appellants have been subjected to a non-compensable redirection of traffic flow. See, e.g., State, Department of Transportation v. G.W. Anderson, Inc., 744 So.2d 1098 (Fla. 1st DCA 1999), rev. denied, 763 So.2d 1044 (Fla.2000)(holding that no taking occurred where property owner merely had to travel a less convenient route to access her…

2Cases cited3 opinions

  1. Palm Beach County v. TesslerSupreme Court of Florida · 1989
  2. State Dept. of Transp. v. KreiderDistrict Court of Appeal of Florida · 1995
  3. State, Dept. of Transp. v. Sw AndersonDistrict Court of Appeal of Florida · 1999

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