Quimbee logo
DMCA.com Protection Status

Department of Transportation v. Fortune Federal Savings and Loan Association

532 So.2d 1267 (1988)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Department of Transportation v. Fortune Federal Savings and Loan Association

Supreme Court of Florida

532 So.2d 1267 (1988)

Facts

The Florida Department of Transportation (DOT) (defendant) filed a petition to acquire a parcel of land belonging to Fortune Federal Savings and Loan Association (Fortune) (plaintiff) by eminent domain for a road-widening project. DOT only needed a portion of the land for the project. By Florida statute, if DOT acquired only a portion of the land, then DOT would be required to compensate Fortune for that portion and for business damages, the total of which would be $2,225,000. However, if DOT took the entire parcel, then DOT would only be required to compensate Fortune for the value of the parcel, which was $480,000. A Florida statute permitted DOT to reduce acquisition costs by taking more property than strictly necessary. Accordingly, DOT sought to acquire the entire parcel. Fortune argued that: (1) it would be improper to require a business to finance the cost of a public project by forgoing business damages, and (2) saving the state money was not a valid public purpose under the state constitutional guidelines for takings of property. The trial court allowed DOT to take only a portion of the parcel. DOT appealed. The Second District Court of Appeal of Florida affirmed, holding that saving the state money was not a valid public purpose for a taking and that it was unconstitutional for DOT to take more property than necessary to complete the road-widening project. DOT appealed again.

Rule of Law

Issue

Holding and Reasoning (Kogan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 603,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership