Lee County v. Kiesel
Florida District Court of Appeal
705 So.2d 1013 (1998)
- Written by Rose VanHofwegen, JD
Facts
In 1987, Edward and Lorraine Kiesel (plaintiffs) paid $160,000 for riverfront property with an unobstructed view of the Caloosahatchee River. After the Kiesels spent $265,000 building a home, Lee County (defendant) aligned and built a bridge across the river at an angle from the neighboring property such that the bridge cut directly across the Kiesels’ view. The Kiesels brought an inverse-condemnation action and had experts testify that the bridge obstructed about 80 percent of their view of the main channel and decreased the market value of their property from about $650,000 to less than half that amount. The trial court found that the angle of the bridge substantially and materially interfered with the Kiesels’ view and awarded them the decrease in the property value as compensation for the taking. The county appealed, arguing no physical taking occurred because the bridge did not touch the Kiesels’ property.
Rule of Law
Issue
Holding and Reasoning (Northcutt, J.)
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