Supreme Court of Florida

Department of Transp., Div. of Admin. v. Jirik

December 11, 198611 Fla. L. Weekly 636

Summary

The Supreme Court of Florida affirmed the district court's decision, holding that the three adjoining vacant platted lots are separate parcels for inverse condemnation purposes and that a presumption of separateness applies to such lots. Accordingly, the Department of Transportation's retaining wall that eliminated access to lot one constitutes a compensable taking. The Court also disapproved the conflicting decision in Di Virgilio.