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ACKERLEY COMMUNICATIONS OF FLORIDA v. HENDERSON

No. 88-5884.

881 F.2d 990 (1989)

ACKERLEY COMMUNICATIONS OF FLORIDA, INC., Plaintiff-Appellee, v. Kaye HENDERSON, Secretary of Transportation, State of Florida Department of Transportation, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 24, 1989.

Attorney(s) appearing for the Case

James W. Anderson, Dept. of Transp., Maxine F. Ferguson, Tallahassee, Fla., for defendant-appellant.

Jacques B. Gelin, Aplt. Sec., Land & Natural Resources Div., D. of J., Washington, D.C., for amicus, U.S.

Walter E. Diercks, Rubin, Winston & Diercks, Washington, D.C., for plaintiff-appellee.

Before HILL and EDMONDSON, Circuit Judges, and GARZA, Senior Circuit Judge.

GARZA, Senior Circuit Judge:

We are asked to consider whether the Uniform Real Property Acquisition Policy, 42 U.S.C. Sec. 4652, requires that billboard owners whose underlying land is condemned by the power of eminent domain are entitled to the fair market value of their leasehold interest or merely relocation costs. Because we rule that the district court does not have jurisdiction to consider this appeal, we do not reach this issue, and we remand and order the...

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