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FDOT v. BD. OF SUP'RS OF ST. JOHN'S WATER

No. 4D07-3450.

981 So.2d 605 (2008)

STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. BOARD OF SUPERVISORS OF ST. JOHN'S WATER CONTROL DISTRICT, a drainage district under the laws of the State of Florida, f/k/a Board of Supervisors of St. John's Drainage District, a drainage district under the laws of the State of Florida; First National Bank and Trust Company of the Treasure Coast, N.A.; and Indian River County, a political subdivision, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 16, 2008.

Attorney(s) appearing for the Case

Alexis M. Yarbrough, General Counsel and Gregory G. Costas, Assistant General Counsel, Tallahassee, for appellant.

Michael O'Haire of O'Haire, Quinn, Candler & Casalino, Chartered, Vero Beach, for appellee Board of Supervisors of St. John's Water Control District.

DAMOORGIAN, J.

The State of Florida, Department of Transportation (FDOT), appeals from an order of inverse condemnation in favor of the Board of Supervisors of St. John's Water Control District (St.John's), and the subsequent final judgment awarding compensation. We reverse because the trial court erred in determining the date of valuation for compensation.

By way of background, this action began in 2001 as an eminent domain taking, by FDOT, of Parcel 104...

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