Supreme Court of Florida

State Road Department v. Bramlett

July 8, 1966189 So. 2d 481

Summary

The Supreme Court of Florida reversed the lower courts and held that business damages are not recoverable in a condemnation proceeding brought by a state agency. The Court reasoned that the Florida Constitution's just compensation provision, applied through Section 12 of the Declaration of Rights, does not extend to business losses absent a statutory grant, and that the statutory business damage provision does not apply to property taken by the State.