Monday, October 4, 1999
Dorothy Murphy v.
Florida Dept. of
Transportation
Nos. 93,551 & 93,554
Place of Origin: Broward County
Facts
DOT began condemnation proceedings in 1995 to acquire
property housing businesses owned by Murphy and others, to
widen Griffin Road in Davie. DOT wanted the entire property
even though it only needed a portion, since this could mean it
would not have to pay "business losses" required in "partial
takings." The trial judge, however, only let DOT acquire the
portion actually needed ,but did not rule out a total taking later
on. On appeal, the Fourth District reversed on grounds DOT
could take the whole property immediately.