DEPT. OF TRANSP. v. LANDMAN

No. 95-483.

664 So.2d 1141 (1995)

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, Appellant, v. Avigdor LANDMAN, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 15, 1995.


Attorney(s) appearing for the Case

Thornton J. Williams, General Counsel, and Marianne A. Trussell, Assistant General Counsel, Tallahassee, for Appellant.

Eric L. Lundt of Kelly, Black, Black, Byrne & Beasley, P.A., Miami, for Appellee Avigdor Landman.


DAUKSCH, Judge.

This is an appeal from a judgment in an inverse condemnation case. At issue is whether the improvements to a roadway abutting appellee's property constituted a compensable taking of real property. We reverse.

Appellant widened the road and constructed curbs where none had existed. The widening of the road is not the harm; it's the construction of the curb. Previously, appellee enjoyed, but had no legal right to, a curbless entry onto his property...

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