Florida/Georgia Personal Injury & Workers Compensation

...The extent of the access which remains after a taking is properly considered in determining the amount of the compensation. In any event, the damages which are recoverable are limited to the reduction in the value of the property which was caused by the loss of access. Business *850 damages continue to be controlled by section 73.071, Florida Statutes (1987)....

...The Authority sought to take only a part of respondent's land, however, and respondent operated a business on remaining land adjoining the property taken. In the course of the proceedings for determination of compensation, respondent made a claim for business damages under section 73.071(3)(b), Florida Statutes (1979)....

...in continuous operation for more than thirty years. The trial court held that since the business had been in operation at the location for which business damages were claimed for *928 less than five years, no business damages were recoverable under section 73.071(3)(b). The landowner appealed. The district court reversed and held that section 73.071(3)(b) does not require, as a prerequisite to an award of business damages, that the business have been in operation at the location for which business damages are claimed for more than five years. Section 73.071(3)(b) provides in pertinent part as follows: (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: ........

...A waiver of sovereign immunity, similarly, should be strictly construed in favor of the state and against the claimant. Arnold v. Shumpert, 217 So.2d 116 (Fla. 1968); Spangler v. Florida State *929 Turnpike Authority, 106 So.2d 421 (Fla. 1958). So, any ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and such damages should be awarded only when such an award appears clearly consistent with legislative intent....

...esumption in favor of the claimant. Statutes should be construed in light of the manifest purpose to be achieved by the legislation. Van Pelt v. Hilliard, 75 Fla. 792, 78 So. 693 (1918); Curry v. Lehman, 55 Fla. 847, 47 So. 18 (1908). The purpose of section 73.071(3)(b) is to mitigate the hardship that may result when the state exercises the power of eminent domain paying only the constitutionally required full compensation for the property actually taken....

...avoid giving it an interpretation that will lead to an absurd result. State ex rel. Florida Industrial Commission v. Willis, 124 So.2d 48 (Fla. 1st DCA 1960), cert. denied, 133 So.2d 323 (Fla. 1961). If we were to adopt the district court's view of section 73.071(3)(b), there could be absurd and unfair results in hypothetical situations that readily come to mind....

...aken its property and caused it business damages. The district court held that the service easement was not a kind of property the loss of which had to be compensated and rejected the claim of business damages for two reasons: Business damages under Section 73.071(3)(b), Florida Statutes (1975) are equally inapplicable in the instant case....

...given type of proceeding. No right to a jury trial in condemnation proceedings existed at common law. Carter v. State Rd. Dep't, 189 So.2d 793, 795 (Fla. 1966). Therefore, the right to have a jury determine just compensation in Florida is statutory, section 73.071, Florida Statutes (1987), and is not required by the Florida Constitution....

...180, 102 L.Ed.2d 149 (1988). Polk also argues that the trial court, in excluding the nursery stock within a 125-foot zone around the six trees with physical symptoms from the jury's consideration, invaded the exclusive province of the jury pursuant to section 73.071, Florida Statutes (1985), to determine the value of property taken....

...omits even the requirement of jury trial contained in Article XVI, Section 29 (1885). The province of the jury is limited to compensation even under the old constitution, Wilton v. St. Johns County, 1929, 98 Fla. 26, 123 So. 527, and is still so limited by Fla. Stat. 73.071(3) (1967), F.S.A....

...It is so ordered. SUNDBERG, C.J., and BOYD, OVERTON, ENGLAND and ALDERMAN, JJ., concur. ADKINS, J., dissents. NOTES [1] Capital Plaza, Inc. v. Division of Adm., State Dep't. of Transp., 381 So.2d 1090 (Fla. 1st DCA 1979). [2] Art. V, § 3(b)(3), Fla. Const. [3] § 73.071(3)(b), Fla....

...When the state, through the exercise of its power of eminent domain, takes private property for public use, the landowner must receive full compensation for his loss. Art. X, § 6, Fla. Const. A landowner must also be compensated for damage to his property when less than an entire parcel is taken. § 73.071(3)(b), Fla....

...Munford contends that such testimony was improper, as it was based on a theory of mitigation which involved use of the vacant lot for parking by Munford. The allowance of business damages in condemnation cases is not constitutionally required, but rather is a matter of legislative grace. § 73.071(3)(b), Fla....

...stees. If the declaration was effective, the next inquiry must be to determine the nature of Enterprises' interest in the real property adjoining the part taken by condemnation and whether that interest entitles Enterprises to business damages under section 73.071(3)(b), Florida Statutes....

...f the real property taken by the county and the contiguous remainder. The Ramseys held the legal title as trustee and Enterprises held an equitable interest as beneficiary as of the date of the taking by the county. III. THE BUSINESS DAMAGES STATUTE Section 73.071(3)(b), Florida Statutes (1993), provides: (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: * * * * * * (b) Where less than the entire property is sought to be appropriated, an...

...The question in the instant case, then, is whether the beneficiary of a trust, the subject matter of which is real estate upon which is located a business adjacent to real estate being taken by eminent domain, be regarded as the owner or holder of that real estate so as to be awarded business damages pursuant to section 73.071(3)(b), Florida Statutes (1993)....

...Because the trustee in condemnation actions in general, and in Florida in particular, is considered the person with the interest in the land, we hold that absent any circumstances justifying a contrary result, the beneficiary of a trust of land does not "own" or "hold" the land for purposes of section 73.071(3)(b)....

...m and receive compensation for the damages to the corporate business in which they are interested. Id. at 512 (footnote omitted). As in Soclof, the Ramseys have not shown any reason why the corporate veil should be disregarded. Certainly, nothing in section 73.071(3)(b) requires it....

...W. SHARP, J., dissents, with opinion. W. SHARP, Judge, dissenting. Although I concur with portions of the majority opinion, I must respectfully dissent to the conclusion that Enterprises (and hence the Ramseys [1] ) is not entitled to damages under section 73.071(3)(b)....

...[7] Because a valid passive trust was created with Enterprises as the beneficiary under a Declaration of Trust, the Statute of Uses executed the trust and passed legal title of the property to Enterprises. Consequently, Enterprises was the owner at the time of these proceedings and is entitled to damages under section 73.071(3)(b)....

...And as noted in Bogert, Law of Trusts, section 46, both the original statute of uses and its successors have been held by American courts to automatically transfer title to the beneficiary where a passive trust has been determined to exist. [8] Specifically, section 73.071(3)(b) provides, in part: Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking ......

...NOTES [1] Fla. Const. art. X, § 6 (1968). [2] State Road Dep't v. Abel Inv. Co., 165 So.2d 832 (2d Dist.Ct.App.Fla.), cert. denied, 169 So.2d 485 (Fla. 1964). This is the predominant view in the United States. See 4, Nichols, Eminent Domain § 13.3. [3] Section 73.071(3)(b), Fla....

...Appellants claim that the present "full compensation" clause incorporates both the "full compensation" and the "just compensation" clauses of the 1885 Constitution (Section 29 of Article XVI and Section 12 of the Bill of Rights, respectively). The suggestion is made that Section 73.071, Fla....

business damages in an eminent-domain action under section 73.071(3)(b), Florida Statutes (2004), should include

...At the trial, the Hodges' attempted to introduce the testimony of an expert witness pertaining to business damages. The court refused to allow this witness to testify until the predicate was shown that the motel and marina was an established business of more than five years' standing pursuant to Fla. Stat. § 73.071(3) (b) (1973)....

...After hearing the evidence directed to this point, the court concluded that the Hodges' had failed to establish the necessary predicate and refused to permit the jury to consider business damages. The items for which an owner may be compensated when his property is condemned are set forth in Fla. Stat. § 73.071(3) (1973)....

...business of five years' standing comes into sharp focus. At the outset, it must be observed that a mere change of ownership in the business during the five year period would not prevent the new owner from recovering business damages under Fla. Stat. § 73.071 *277 (3)(b) (1973)....

...Since Pickens' property was taken in 1976, no damages for loss of rental income would be included as just compensation after that date because, in legal theory, Pickens suffered his loss of the property in 1976, and thereafter it belonged (albeit wrongfully appropriated) to the county. Section 73.071, Florida Statutes (1981), provides for business losses in condemnation proceedings....

...When the condemning authority exercises its power of eminent domain pursuant to chapters 73 and 74, the amount of compensation to the property owner is determined as of the date of trial, or the date upon which title passes, whichever occurs first. § 73.071(2), Fla....

...We approved this proceeding in our prior ruling and we decline to reconsider that issue in this appeal. See, e.g., State Dep't. of Transp. v. Florida East Coast Ry. Co., 275 So.2d 289 (Fla. 3d DCA 1973). [2] Art. X, § 6(a), Fla. Const. [3] See §§ 73.041 and 73.071(2), Fla....

...full compensation therefor paid to each owner ..." Full compensation includes the value of the property sought to be appropriated and when less than the entire property is sought to be appropriated, any damage to the remainder caused by the taking. Section 73.071(3), Florida Statutes (1975)....

...DOT admittedly only needs a portion of the parcel to complete its project. At the hearing conducted pursuant to DOT's eminent domain petition, testimony indicated that if only a portion of the property were taken, Fortune would be entitled to $2,000,000 in business damages under section 73.071(3)(b), Florida Statutes (1985)....

...property without full compensation and without a valid public purpose. Before analyzing the constitutional issues presented, we will examine the statutory provisions involved to discern precisely *1269 what is required or allowed by the legislation. Section 73.071(3)(b), Florida Statutes (1985), part of the chapter entitled "Eminent Domain," states: Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation ......

...by the condemnee. On the other hand, as previously noted, one of the instructions given by the trial court indicated that the condemnee was entitled to recover such severance damages "as have been shown by the greater weight of the evidence." Under section 73.071(3)(b), Florida Statutes (1981), an owner may be compensated for severance damages to the remainder of his land where less than the entire property is appropriated....

...Exchange Nat'l Bank, 417 So.2d 268 (Fla. 2d DCA 1982), review denied, 426 So.2d 25 (Fla. 1983). Where the taken parcel is not physically contiguous to the remaining parcel, the determination as to what may be considered adjoining property within the meaning of section 73.071 involves consideration of three factors: unity of ownership, unity of use and physical proximity....

...." This is the order appealed. *666 In granting the motion for new trial, it is apparent that the trial court felt (in line with appellee's contention on appeal) that loss of profits is the sole measure of the business damages recoverable under Fla. Stat. § 73.071(3)(b) (1973) [1] when an established business has been totally destroyed by the taking....

...ted: "The general rule [which disallows business damages] ... is not applicable where there exists a statutory right to compensation for loss of profits and other business losses such as exists in Florida by virtue of ... [the predecessor statute to § 73.071(3)(b)]." (e.s.) Thus, the emphasized language would at least imply that the 2nd DCA has interpreted Florida's business damage statute as providing recovery for more than simply loss of profits....

...We cannot *667 agree with this thesis. The cost of effecting physical changes or modifications in the premises necessitated by a taking are in the nature of damages to the remainder or severance damages, not business damages. The latter class of damages within the meaning of Section 73.071(3)(b), Florida Statutes, F.S.A., are more in the nature of lost profits attributable to the reduced profit-making capacity of the business caused by a taking of a portion of the realty or improvements thereon....

...a new trial. The order granting a new trial is reversed and this cause is remanded with directions to reinstate the jury verdict for defendant and to enter judgment thereon. Reversed and remanded. MAGER and DOWNEY, JJ., concur. NOTES [1] Fla. Stat. § 73.071(3)(b) (1973) provides: "(3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: (a) The value of the property sought to be appropriated; and (b) Where less than the entire property is sou...

...When a portion of a landowner's property is acquired by eminent domain, he is entitled to be paid not only for the land taken but also for damages suffered by the remainder. 4A P. Nichols, The Law of Eminent Domain § 14.02 (rev. 3d ed. P. Rohan 1981). In Florida, the right to severance damages is now guaranteed by section 73.071(3)(b), Florida Statutes (1979)....

...A portion of the building which housed the automobile repair facilities was situated within the taking line. By their answer, appellants alleged that they would incur business damages as a result of the taking as they were permitted to do by the provisions of Section 73.071(3) (b), Florida Statutes, F.S.A....

...We cannot agree with this thesis. The cost of effecting physical changes or modifications in the premises necessitated by a taking are in the nature of damages to the remainder or severance damages, not business damages. The latter class of damages within the meaning of Section 73.071(3) (b), Florida Statutes, F.S.A., are more in the nature of lost profits attributable to the reduced profit-making capacity of the business caused by a taking of a portion of the realty or improvements thereon....

would support the judgment in the record."). . § 73.071(10), Fla. Stat. ("[T]he court shall impanel a

...iams. Williams argues that Presley's damages testimony is based on an inaccurate interpretation of law as stated in Department of Transportation v. Byrd, 254 So.2d 836 (Fla. 1st DCA 1971), and thus the court erred in denying the motion to strike it. Section 73.071(3), Florida Statutes (1989), authorizes an award of severance and business damages for a taking of less than the whole of business property....

...te of Florida, F.S.A., provides in pertinent part: "No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner." Section 73.071, Florida Statutes, F.S.A., provides: "Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including * * * the effect of the taking of the property involved may damage or...

...The latter duly claimed business damages in their answer to the petition in condemnation, and the evidence at the trial and the stipulations of the parties showed that damages to the appellants' furniture business had flowed from the taking. They were entitled to recover business damages under Section 73.071, Florida Statutes, F.S.A....

...(1981), Valleybrook Developers, Inc. v. Gulf Power Co., 272 So.2d 167 (Fla. 1st DCA 1973). The estimate of value, when deposited into the court registry, secures the landowner in his right to obtain full compensation for the property rights taken. §§ 74.051(2) and 73.071, Fla....

...ng of just compensation. Rather, after the condemning authority takes possession and title pursuant to a "quick taking" proceeding (Chapter 74), if compensation or severance damages are in issue, a jury is empaneled to make a determination of value. § 73.071, Fla....

...If Provident were a property owner and if the City's actions constituted a total taking, Provident would be entitled to the fair market value of the property. Provident would be entitled to business loss damages only if it had been located on the property for five years. § 73.071(3)(a), Fla....

...E.g., Daniels v. State Road Department, 170 So.2d 846, 851 (Fla. 1964). Business damages, on the other hand, are regarded as being a matter of statutory largesse. See State Road Department v. Abel Investment Company, 165 So.2d 832, 833 (Fla. 2d DCA 1964); Section 73.071(3)(b), Florida Statutes (1983), both implements the constitutional requirement for paying severance damages when incurred and provides for business damages when the DOT or other public authority condemns a portion of one's property and...

...Thus, when the state, through the exercise of its power of eminent domain, takes private property for public use, the landowner must receive full compensation for his loss. A landowner must also be compensated for damage to his property when the state takes less than an entire parcel. Section 73.071(3)(b), [3] Florida Statutes (1975), specifically provides that where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking may be awarded....

...Apparently, it was the trial judge's understanding of the law that petitioners were only entitled to compensation for the actual value of the property right taken, and since petitioners had previously stipulated that such value was nominal, there was no need for a trial on the merits. We disagree. As discussed above, Section 73.071(3)(b) expressly provides that a landowner is entitled to claim severance damages where less than his entire parcel is taken....

...of a change in grade of an adjoining street are non-recoverable, on the grounds that in this case, the state was bound by contract (restriction) not to change the grade. The Bowden case specifically recognized this exception to the general rule. [3] Section 73.071(3)(b), Fla....

...mage accruing to the defendants' property on the north side. To decide that issue, the court had to determine if physically separated lands could be considered "adjoining property" within the meaning of section 73.10(3), Florida Statutes (1963) (now section 73.071(4), Florida Statutes (1983))....

...reduce the amount of recovery); cf. City of Port St. Lucie v. Parks, 452 So.2d 1089 (Fla. 4th DCA) (no inverse condemnation resulted where owners merely lost the most convenient access to their property), rev. denied, 459 So.2d 1041 (Fla. 1984). [5] Section 73.071(4), Florida Statutes (1983), provides: 73.071 Jury trial; compensation; severance damages....

...Standard Oil Co., 510 So.2d 324 (Fla. 2d DCA 1987), held that Texaco, as a long-term lessee which subleased an automobile service station to a dealer-operator and was the wholesale supplier of products to the dealer, was not entitled to business damages under the provisions of section 73.071, Florida Statutes (1985), and certified the following question as being of great public importance: IS A LESSEE OF PROPERTY PARTIALLY TAKEN BY EMINENT DOMAIN ENTITLED TO BUSINESS DAMAGES PURSUANT TO SECTION 73.071(3)(b), FLORIDA STATUTES (1985), WHEN THE LESSEE IS A WHOLESALE SUPPLIER OF PRODUCTS TO A SUBLESSEE WHO OPERATES A RETAIL BUSINESS ON THE PROPERTY AND THE LESSEE ASSISTS ITS SUBLESSEE IN THAT RETAIL BUSINESS BY, FOR EXAMPLE, HAVING CONS...

...the only occupational license issued for the business at the site was in the name of the dealer. Further, any operating losses incurred by the service station were to be borne by the dealer. Both Texaco and the dealer claimed business damages under section 73.071(3)(b)....

...We reaffirm our previous holdings in Jamesson, Fortune Federal, and Tampa-Hillsborough County that the right to receive business damages resulting from a taking of land in an eminent domain proceeding is strictly a statutory right granted in this state by section 73.071(3)(b), Florida Statutes (1985)....

...a license to do business at this location nor did it sell gasoline to the public at this location. We hold that under these facts Texaco did not have the requisite physical existence on the condemned property to be entitled to business damages under section 73.071(3)(b)....

...f wholesale suppliers and others only indirectly affected by an eminent domain taking, thereby opening the door to innumerable claims." Schatt, *95 519 So.2d at 708-09. That, in our view, was clearly not the intent of the legislature when it enacted section 73.071....

...Accordingly, we deny the petition for review and deny the request for attorney's fees. It is so ordered. EHRLICH, C.J., and McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] The district court did not address the award of business damages to the dealer-operator of the service station. [2] Section 73.071(3)(b), Florida Statutes (1985), provides in pertinent part as follows: (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: ......

...The condemnation judgment appealed from is based on a jury verdict rendered after trial. The judgment awards Southeastern Propane Gas Co. $4,157.63 as compensation for the value of the property appropriated and consequent business damages suffered as authorized under Sections 73.071(3)(a), (b), Florida Statutes (1975)....

...d are compensable by statute providing: (1) the business is owned by the party whose land is being taken, and (2) the business has been on the adjoining property for more than five years. State Road Department v. Bramlett, 189 So.2d 481 (Fla. 1966); Section 73.071(3)(b), Florida Statutes (1975)....

...because it did not serve another dominant estate held by the company. Such easements in gross are not compensable in an eminent domain proceeding, and, consequently, Southeastern Propane Gas Co. is not entitled to compensation for the loss of a property interest in the condemned land. Business damages under Section 73.071(3)(b), Florida Statutes (1975) are equally inapplicable in the instant case....

...amages to such business which the denial of the use of the property so taken may reasonably cause; any person claiming the right to recover such special damages shall set forth in his written defenses the nature and extent of such damages." Sections 73.071(3)(a), (b), Florida Statutes (1975).

...what Thomas paid himself should be deducted. His new opinion as to the total business damages was $274,000. The jury verdict was $225,000. As our supreme court has pointed out, business damages are allowed only as a matter of legislative grace under section 73.071(3)(b), Florida Statutes (1991), and are not required to be paid by either the Florida or United States Constitutions....

...We have for review State Department of Transportation v. Murray, 670 So.2d 977 (Fla. 1st DCA 1996), in which the district court certified the following questions to be of great public importance: IN AN EMINENT DOMAIN CASE IN WHICH AN ESTABLISHED BUSINESS IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071(3)(b), FLORIDA STATUTES, [1] CONTEMPLATE CALCULATION OF BUSINESS DAMAGES BY ANY MEANS OTHER THAN A LOST PROFIT ANALYSIS? IN THE INSTANT *826 CASE IS THE EXPERT'S BUSINESS DAMAGE CALCULATION A LOST PROFIT ANALYSIS REQUIRING THE DEDUCTION OF FIXED EXPENSES, SUCH AS SALARIES, INTEREST, DEPRECIATION, AND UTILITIES, OR AN ALTERNATIVE ANALYSIS, COGNIZABLE UNDER SECTION 73.071(3)(b), BASED ON DEDUCTION OF CERTAIN VARIABLE EXPENSES AND THE EXCLUSION OF FIXED EXPENSES FROM THE ANALYSIS? Murray, 670 So.2d at 980....

...lysis in estimating the business damages incurred by the property owner. We answer the second certified question by stating that a business-loss calculation based on certain variable expenses and excluding some fixed expenses can be cognizable under section 73.071(3)(b), depending upon the factual circumstances of a particular case....

...of law. The district court remanded for a new trial and directed a determination of lost profits by including fixed expenses. In answering the certified question, we initially note that we agree with the district court's conclusion that, pursuant to section 73.071(3)(b), Florida Statutes (1991), business damages "are more in the nature of lost profits attributable to the reduced profitmaking capacity of the business caused by a taking of a portion of the realty or improvements thereon." LeSuer v....

...We find that Manoli is distinguishable from the instant case because Manoli involved a business that had to be closed because of a taking. In such a total destruction of a business, there is no apportioning of costs between the partial loss and the ongoing concern as there is in the present case. We conclude that section 73.071(3)(b), Florida Statutes (1995), does not require the calculation of business damages by one mechanically applied, one-size-fits-all formula which would not produce proper results....

...We find no basis for disturbing that finding. Having answered the second certified question, we quash the decision of the district court and direct reinstatement of the judgment of the trial court. It is so ordered. OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur. NOTES [1] Section 73.071(3)(b), Florida Statutes (1991), provides in pertinent part: (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: ....

...This is not to suggest that any fraud occurred, but rather that the trial proceeded upon an improper conception of the law. In condemnation cases, the value of the property being taken is determined as of the date of taking or the date of trial, whichever occurs first. § 73.071(2), Fla....

...The Florida Constitution states that "no private property shall be taken except for a public purpose and with full compensation therefor paid." Article X, Section 6(a). When the condemnation action is at issue, our eminent domain statute requires that a twelve-person jury determine solely the amount of compensation, section 73.071(1) & (3), Florida Statutes (1983)....

...n the entire property is being appropriated, compensated for damages to the remainder property, including damage to the owner's established business, provided the owner appropriately sets forth in its pleadings the nature and extent of such damages. § 73.071(3)(a) & (b)....

...roperty. Also, it should be borne in mind that in this state benefits accruing to the remainder property's value when a public entity has condemned a right-of-way may offset severance damages, but may not offset the value of the land actually taken. § 73.071(4), Fla....

...Under the law of eminent domain as it exists in this state, the enhancement to remaining lands can only be used by a condemning authority to offset severance damages to remaining lands. See Caspersen v. West Coast Inland Navigation District, 198 So.2d 65 (Fla. 2d DCA 1967); § 73.071(4), Fla....

...The major question raised in this appeal is whether the enhancement accruing to the defendants' larger property on the south side of Highway 441 can be offset against the severance damage accruing to the defendants' remaining property on the north side thereof. The applicable statute is F.S.A. § 73.10 (3), 1963, now F.S.A. § 73.071(4), which reads as follows: "When the action is by the state road department, county, municipality, board, *319 district or other public body for the condemnation of a road, canal, levee or water control facility right of way, the enhanceme...

...drainage district canal rights-of-way, natural gas transmission lines, etc., may be entitled to claim severance damages to all his remaining lands should proceedings be instituted for condemnation of a highway right-of-way over his property. F.S.A. § 73.071....

...taken was reasonably and substantially necessary to the enjoyment of the parcel left. Peck v. Superior Short Line Ry. Co., 1887, 36 Minn. 343, 31 N.W. 217, 218. The norm, then, for determining what is adjoining property within the meaning of F.S.A. § 73.071(4) is unity of ownership, unity of use, and physical contiguity....

...xisting parking spaces required by a City ordinance for the operation of appellant's business. Although appellant presented competent evidence at trial of business loss resulting from the taking, the jury chose to award him no business damages under section 73.071(3)(b), Florida Statutes (1983)....

...Generally, business damages do not constitute a part of the constitutionally protected concept of "just" or "full" compensation unless such damages come within the scope of the applicable statutory law. State Road Department v. Bramlett, 189 So.2d 481 (Fla. 1966). See Section 73.071(3), Florida Statutes (1975), which provides in pertinent part that compensation for business damages may be awarded "[w]here less than the entire property is sought to be appropriated." (emphasis supplied)....

...1st DCA 1993), in which the district court held that Weaver Oil could not recover statutory business damages for loss of access to its property caused by improvements constructed on the public right-of-way. The district court then certified the following question: DOES SECTION 73.071, FLORIDA STATUTES, PERMIT A CLAIM FOR STATUTORY BUSINESS DAMAGES FOR AN ALLEGED SUBSTANTIAL IMPAIRMENT OF ACCESS RESULTING FROM GOVERNMENTAL CONSTRUCTION ON EXISTING RIGHT-OF-WAY ABUTTING THE OWNER'S PROPERTY, WHERE NO LAND IS TAKEN? Id....

...Through this action, the City took a 14-foot wide strip of land along the Ocala Road frontage of the Weaver Oil property. The City, Weaver Oil, and the fee owners stipulated to the amount of all damages related to the taking of the Ocala Road frontage with the exception of any statutory business damages allowed under section 73.071(3)(b), Florida Statutes (1987)....

...n no way related to the taking of any of Weaver Oil's land adjacent to Ocala Road and that the traffic control island was constructed entirely on City-owned right-of-way. At trial, Weaver Oil maintained that it was entitled to business damages under section 73.071 because it had suffered a compensable taking of its right of access from Tennessee Street and that business damages resulting from this taking were appropriate under the statute. Weaver Oil did not assert the right to business damages resulting from the taking of its land adjacent to Ocala Road. The City of Tallahassee responded that section 73.071 allows business damages only when the damages result from the taking of land as opposed to a right of access and noted that none of Weaver Oil's land had been taken to construct the traffic control island....

...ler and its predecessors. We find that the construction of a traffic control island in the instant case on City-owned right-of-way was a proper exercise of the police power and that there was no taking for which business damages may be claimed under section 73.071(3)(b). Because there was no taking of Weaver Oil's right of access, it necessarily follows that there is no basis for a claim for business damages under section 73.071(3)(b), Florida Statutes (1987)....

...[1] However, even if there had been a taking of Weaver Oil's right of access, the statute does not provide for business damages because the statute requires that the business damages arise from a taking of land. We have previously made clear that the legislature intended for section 73.071(3) to permit business damages only when there has been a partial taking of land....

...tances. Accordingly, we find that the modification in the driveway access in this instance was a proper exercise of the police power, that there was no taking of property as a result of the change of access, and that statutory business damages under section 73.071 may not be recovered unless such business damages are caused by a partial taking of *823 land. We answer the question in the negative and approve the decision of the district court. It is so ordered. GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] Section 73.071(3)(b) states, in pertinent part: (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: ......

...If the converse were the rule, then a public officer ... would be liable in damages for malicious prosecution.... Such a state of affairs would be detrimental to the public interest, since public officers would be discouraged from performing their duties conscientiously." [12] See, for example, Section 73.071, Florida Statutes, which provides that where less than an entire property is taken by eminent domain proceedings, resulting business damages may under certain circumstances be recovered....

...matter will be tried by jury. Under the per se approach adopted by the majority and Agrigrowth, the jury will be informed that the court has found a taking as a matter of law and that the jury's function is merely to determine just compensation. See § 73.071(3), Fla....

...1126 (1914). The county contends that we should hold that the court erred in admitting the testimony submitted by Biggar and Kelly because it amounted to evidence of loss of profits or business damage. Where less than the entire property is taken, section 73.071(3)(b), Florida Statutes (1979), permits the recovery of damages to an established business of five years standing located on the remaining lands....

...Highway 19 are no different than the problems experienced by other businesses along highways when the highways are modernized without a taking of the businesses' property. It is well-established that the statutory right to business damages pursuant to section 73.071(3)(b), Florida Statutes, does not include a right to recover for damages caused by a change in an adjacent highway, but is limited to damages attributed to the loss of the taken property....

...Assuming this issue is preserved for appeal, Tessler states: "In any event, the damages which are recoverable are limited to the reduction in the value of the property which was caused by the loss of access. Business damages continue to be controlled by section 73.071, Florida Statutes (1987)." Tessler, 538 So.2d at 849-50....

...had not been in business for five years in precisely the same location. We reverse this aspect of the final judgment because the modest relocation of the Blockbuster store was not sufficient to deprive it of a claim for business damages pursuant to section 73.071(3)(b), Florida Statutes (1995)....

...rty. The DOT demolished approximately one-third of the Blockbuster store, and substantially reduced the available parking. As a result, Blockbuster requested statutory business damages for "an established business of more than five years' standing." § 73.071(3)(b), Fla. Stat. (1995). The trial court reluctantly concluded that it must deny Blockbuster's claim for business damages because it had not operated from the same location for the preceding five years. Section 73.071(3)(b) provides that compensation in an eminent domain proceeding shall include: Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation, ......

...Division of Admin., State of Fla., 448 So.2d 1062 (Fla. 2d DCA 1984). Statutes granting such a claim against the state are in the nature of a waiver of sovereign immunity and must be strictly construed in favor of the state. See K.E. Morris, 444 So.2d 926. Section 73.071, however, has long been interpreted to include the business damage claim of a lessee, and not merely that of a fee owner....

...g business replaces its commercial building with a newer building on some portion of the same parcel of commercial real property. Wal-Mart's purchase of a portion of this property should not require Blockbuster to begin a new five-year period. Under section 73.071(3)(b), Blockbuster must establish that it has operated a business continuously at the same location for more than five years' standing....

...[1] Especially when an owner holds title to several adjoining parcels, issues arise concerning the land included within the parent tract. See Department of Transp. v. Jirik, 498 So.2d 1253 (Fla.1986). Although severance damages and business damages are both described in section 73.071(3)(b) and are interrelated concepts, they are not identical....

...the value of the portion being appropriated and any damage to the remainder caused by the taking." Division of Admin. v. Frenchman, Inc., 476 So.2d 224, 226 (Fla. 4th DCA 1985); see also Kendry v. Division of Admin., 366 So.2d 391, 393 (Fla. 1978); § 73.071(3)(a)-(b), Fla....

...hich provides that "full compensation" for a taking includes "both the value of the portion being appropriated and any damage to the remainder caused by the taking." Div. of Admin. v. Frenchman, Inc., 476 So.2d 224, 226 (Fla. 4th DCA 1985); see also § 73.071(3)(a)-(b), Fla....

...The quoted clause was meant to negate any intention of allowing a private condemnor to offset the value of benefits to the remainder of the condemnee's land against the compensation paid for the property taken. See Daniels v. State Road Department, 170 So.2d 846 (Fla. 1964); § 73.071(4), Florida Statutes (1981)....

...Article X, section 6(a) of the Florida Constitution, provides: "No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry *307 of the court and available to the owner." Section 73.071(2), Florida Statutes (1975), provides: "The amount of such compensation shall be determined as of the date of trial, or the date upon which title passes, whichever shall occur first." The constitutional requirement of full compensation...

...r's land is taken for highway construction, but the owner is left with land adjacent to an interchange, the increase in the value of what he is left with justifies paying depressed value for the land taken. This is, of course, expressly forbidden by section 73.071(4), Florida Statutes (1975)....

...695 and 7457, and authorities cited; Chicago K. & W.R. Co. v. Parsons, 51 Kan. 408, 32 Pac.Rep. 1083; Newgrass v. Railway Co., 54 Ark. 140, 15 S.W.Rep. 188. 62 Fla. at 397, 57 So. at 351. [5] Contrary to the suggestion that there is no longer any statute of the same import, section 73.071(4), in cases of certain takings by public bodies, allows enhancement in the value of remainder lands to be offset against remainder damages, but disallows any such offset against the compensation paid for the land taken: (4) When the a...

...It is clear from a reading of the testimony and the proffer in the record that the appraiser's opinion as to the lack of severance damages was based upon the fact that the new system was more desirable in appearance and operation than the present system and thereby enhanced the value of the property. Section 73.071(4), Florida Statutes, F.S.A., provides that enhancement in value of the remaining adjoining property shall be offset against damages when the property is being condemned for a road, canal, levee, or water control facility right-of-way....

...Morris Alignment Serv., Inc., 444 So.2d 926, 928 (Fla. 1983). In short, compensation is constitutionally required for the physical property taken, but recovery for intangible damages is governed by legislative largesse. The legislature has seen fit to require compensation for business damages under section 73.071, Florida Statutes (1991), and for costs, attorney's fees, and appraisal fees under section 73.091, Florida Statutes (1991)....

...The condemnation proceedings involved the taking of one parcel of land in fee simple and the taking of a construction easement over another parcel of land, both of which were occupied by appellant as tenant under a lease extending for more than five years. The statute upon which appellant relies in seeking business damages, section 73.071(3)(b), Florida Statutes, delineating the extent of compensation, provides: Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Divisi...

...Because the County would pay the award in a lump sum, he calculated the present value of the damages at a seven percent discount rate over ten years. The County argued, and the court agreed, that Mr. Salverson had used the wrong date as the beginning point of his calculation of the business damages. Section 73.071(2), Florida Statutes (1991), states that "compensation shall be determined as of the date of trial, or the date upon which title passes, whichever shall occur first." We agree that the Weeses' compensation must be based on the damage to Guarantee's business as it existed on July 2, 1991....

...(1981), Valleybrook Developers, Inc. v. Gulf Power Co., 272 So.2d 167 (Fla. 1st DCA 1973). The estimate of value, when deposited into the court registry, secures the landowner in his right to obtain full compensation for the property rights taken. §§ 74.051(2) and 73.071, Fla.Stat....

...ng of just compensation. Rather, after the condemning authority takes possession and title pursuant to a "quick taking" proceeding (Chapter 74), if compensation or severance damages are in issue, a jury is empaneled to make a determination of value. § 73.071, Fla.Stat....

...ompensation paid under the "quick *1183 take" procedures was adequate. Moreover, had the trial court allowed the dismissal to stand, the landowners would have been denied their constitutional and statutory right to trial by a twelve-member jury. See § 73.071, Fla....

...es, and giving preference to the trial of eminent domain cases over civil actions, and submit the issue of compensation to them for determination, which issue shall be tried in the same manner as other issues of fact are tried in the circuit courts. Section 73.071....

...aver Oil). Having determined that Appellees failed to allege a basis for an award of statutory business damages, we reverse and remand with instructions for the trial court to enter a directed verdict and a judgment allowing no business damages. See Section 73.071(3), Florida Statutes (1989); Palm Beach County v....

...es and costs." Parcel 742 was a temporary construction easement. That agreement was approved by the trial *1002 court on February 1, 1991, and recognized that the sole unresolved issue was statutory business damages claimed by Weaver Oil pursuant to section 73.071(3)(b), Florida Statutes (1989)....

...on of the traffic control island were not recoverable because the construction occurred on existing right-of-way. The City objected to the requested jury instructions and proposed verdict of Weaver Oil and requested its own, based on the language in section 73.071(3)(b)....

...r judgment non obstante veredicto, which motions were denied. The jury returned a verdict finding business damages of $94,000 and judgment was entered on that verdict. Where appropriation of less than the entire property is sought, as occurred here, section 73.071(3)(b) requires the jury to determine the amount of compensation to be paid for "any damages to the remainder caused by the taking, including, ......

...Admin., Dep't of Transp. v. Ness Trailer Park, Inc., 489 So.2d 1172, 1180-81 (4th DCA), rev. den., 501 So.2d 1281 (Fla. 1986), the appellate court recognized that "[s]everance and business damages are both available in appropriate cases" pursuant to section 73.071(3)(b), so long as an award of both will not result in a duplicative recovery....

...alleged taking of access rights on Tennessee Street. The broader legal question is whether the restriction of access along the northerly boundary of *1003 Weaver Oil's property constituted a taking through denial of the use of "property" pursuant to section 73.071, for which business damages are awardable....

...The court in Tessler considered only the question of whether the restriction of access may constitute a taking sufficient to support an award of severance damages. Significantly, that court distinguished a claim for business damages, which "continue to be controlled by section 73.071." Id....

...In the context of argument on the City's motion for a directed verdict at trial, Appellees acknowledged that "[t]he real property taken is not the issue here." The City's position is strengthened even further by the rule of construction providing that "any *1004 ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and such damages should be awarded only when such an award appears clearly consistent with legislative intent." Morris Alignment, 444 So.2d at 929....

...Our holding in Glessner was based squarely on the well-established principle that the interest in the dominant tenement in an easement is a property interest. Thus, the governmental interference with the businessman's property fell within the plain meaning of section 73.071(3)(b)....

...condemnation proceeding when governmental action substantially diminishes access to one's property, even absent any physical appropriation of the property itself. 538 So.2d at 849. As we recognized previously, the Tessler court expressly stated that section 73.071 still controls business damages in an eminent domain action. Id. at 849-50. Nevertheless, because the disputed language in Tessler is arguably susceptible to other interpretations, we certify the following question to the Florida Supreme Court: DOES SECTION 73.071, FLORIDA STATUTES, PERMIT A CLAIM FOR STATUTORY BUSINESS DAMAGES FOR AN ALLEGED SUBSTANTIAL IMPAIRMENT OF ACCESS RESULTING FROM GOVERNMENTAL CONSTRUCTION ON EXISTING RIGHT-OF-WAY ABUTTING THE OWNER'S PROPERTY, WHERE NO LAND IS TAKEN? T...

...SHIVERS, DOUGLASS B., Senior Judge, dissents with written opinion. *1005 SHIVERS, Senior Judge, dissenting. I would affirm the judgment of the trial court. The City appealed a final judgment entered on a jury verdict awarding statutory business damages to Appellee Weaver Oil. See section 73.071, Florida Statutes (1989); Tessler, 538 So.2d at 846....

...in Eminent Domain. It follows that if the City is correct, then the trial court should have granted the motion for a directed verdict, and the majority opinion is correct in reversing and remanding. However, if Weaver Oil is correct in stating that section 73.071(3), Florida Statutes (1989), permits a party to recover business damages caused also by factors other than the denial of the use of the physical property described in the petition, then affirmance of the order denying the motion for a directed verdict would be proper, and a second issue would be raised as to whether competent substantial evidence supports the jury's verdict. Section 73.071(3)(a) provides that in eminent domain trials, "[t]he jury shall determine solely the amount of compensation to be paid, which compensation shall include ......

...ere, the statute requires the jury to determine compensation for "any damages to the remainder caused by the taking, including, ... the probable damages to such business which the denial of the use of the property so taken may reasonably cause; ..." Section 73.071(3)(b) (emphasis added). In Ness Trailer Park, 489 So.2d at 1180-81 the Fourth District Court recognized that "[s]everance and business damages are both available in appropriate cases" pursuant to section 73.071(3)(b)....

...538 So.2d at 848. Tessler further indicates that "the right of access is a property right which appertains to the ownership of land." Id. Weaver Oil asserts that Tessler stands for the proposition that a claim for business damages is permitted under section 73.071(3)(b), when the statutory criteria are established and the damages to the business arise from the denial of the right of access so taken....

...That the remaining access is no longer fully suitable for the use for which the property was being utilized seems to inhere in the jury's verdict in favor of Weaver Oil. It is a fundamental rule of statutory construction that a court must endeavor to avoid giving section 73.071 an interpretation that will lead to an absurd result....

...Weaver Oil did not present evidence on reduction of value of the property to support a claim for severance damages. Rather, the present claim is based on the Supreme Court's point in Tessler distinguishing business damages, which "continue to be controlled by section 73.071, Florida Statutes." Id....

...I understand that language to mean that Weaver Oil's success in presenting a claim for business damages for alleged impairment of its property right of access depends on its ability to meet the statutory criteria. In Williams v. Dep't of Transp., 579 So.2d 226, 229 (Fla. 1st DCA 1991), we held that section 73.071(3) "authorizes an award of severance and business damages for a taking of less than the whole of business property." I find no inconsistency between the Tessler holding and our statement in Glessner, 203 So.2d at 335, that so long as t...

...ce damages can be made. Ness Trailer Park, 489 So.2d at 1181. As to the statutory requirements, the real dispute below involved whether "property" was "taken," not whether Weaver Oil is "an established business of *1008 more than 5 years' standing." Section 73.071(3)(b)....

...emnation proceeding and involved severance damages. Business damages are separate from the usual damages relating to the property itself. Casino Realty, 313 So.2d at 657. The statement in Tessler that "[b]usiness damages continue to be controlled by section 73.071, Florida Statutes" is not, in my opinion, an exclusion of business damages where the taking concerns a loss of access rather than land. Rather, it is merely the recognition that the owner, at a valuation trial, still has the burden of proving that the criteria set forth in section 73.071(3)(b) have been met....

...Appellees' interpretation of Tessler helps to elucidate the Supreme Court's comment that "[s]hould it be determined that a taking [of access] has occurred, the question of compensation is then decided as in any other condemnation proceeding." Id. at 850. In that regard, section 73.071(3)(b) specifically provides that the "compensation" to be awarded by the jury shall include the value of the property taken, damages to the remainder, and business damages....

...ness be located on adjoining land owned by the party whose property is being taken, was not satisfied. We agree with the County's contention here that the fundamental error concept is applicable. The statutory section relevant to the instant case is section 73.071(3)(b), Florida Statutes (1987), which provides that: Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation...

...property. What appears to be in dispute is whether the storage buildings on the adjoining property constituted part of the "business" so as to entitle the property owners to the $1,250,000.00 in business damages awarded them by the jury pursuant to section 73.071(3)(b), Florida Statutes....

...In State Department of Transportation v. Standard Oil Company, Inc., 510 So.2d 324, 326 (Fla. 2d DCA 1987), the Second District found that "for purposes of establishing that one's business has a physical existence at a certain location for the purposes of section 73.071(3)(b) it is necessary to show that it is an identifiable location from which business ......

...reached — a condition rather than a fixed tangible object from which a condition arises. Hodges v. Division of Administration, 323 So.2d 275 (Fla. 2d DCA 1975). Although the legislature has not chosen to define business location for the purposes of section 73.071(3)(b), in other acts, the legislature has defined a service location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23(24), Fla....

...We reaffirm our previous holdings in Jamesson, Fortune Federal, and Tampa-Hillsborough County, that the right to receive business damages resulting from a taking of land in an eminent domain proceeding is strictly a statutory right granted in this state by section 73.071(3)(b), Florida Statutes (1985)....

...to assume the renewable lease on the property. Appellee thereafter operated the restaurant from February, 1975 until September, 1977, when the condemnation occurred. As a result of the condemnation, appellee was awarded business damages pursuant to Section 73.071, Florida Statutes (1977)....

...ination itself. Because we find the former claim dispositive we need not reach the latter. The crucial issue to this appeal is whether appellee's restaurant was an "established business of more than five years' standing" at the time of condemnation. Section 73.071(3)(b), Florida Statutes (1977); only then can appellee be entitled to business damages....

...d as a result, it will lose "profits" in the form of fewer gifts, donations and bequests. [1] It has not cited any case law supporting its position that a non-profit entity like itself is entitled to such damages. The right to business damages under section 73.071(3)(b), Florida Statutes (1995), in a condemnation proceeding is a matter of legislative grace, not a constitutional imperative....

...Because the promotion of religion, not its own livelihood, is the primary purpose of a church, and because the business damages statute is to be construed strictly in favor of the state, we conclude a church is not a business as that term is used in section 73.071(3)(b)....

...We agree with the trial court that severance damages are the appropriate element of damages to award when a church's parking spaces are lost through a partial taking. Dean v. State Road Department, 165 So.2d 257 (Fla. 3d DCA 1964). A church is not entitled to business damages under section 73.071(3)(b) (1995)....

...Accordingly, we quash the decision of the district court and remand with directions to affirm the trial court's judgment. It is so ordered. BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES and HARDING, JJ., concur. KOGAN, J., dissents. NOTES [1] The Nyes asserted the claim for business damages pursuant to section 73.071(3)(b), Florida Statutes (1989), which states in pertinent part: [T]he amount of compensation ......

...to or less than the cost of acquiring Tract 1 alone. Rather, the FDOT presented testimony at the Order of Taking hearing only that the taking of Tract 1, instead of acquisition of the entire tract, would invoke the provisions of a separate statute, § 73.071, which would permit a separate award of special damages to the Defendant for destruction of its established business of more than five years standing....

...The word "acquisition" is a very precise word, with only one meaning. When applied to "lands and property, entire lot, block, or tract of land", it is totally restricted to one concept, to wit; taking title to real estate. Taking title to land does not include payment of damages under § 73.071(b), which are themselves described as "special" damages....

...g attached thereto, but ownership of the business conducted in the building can only be obtained by a separate transaction of an entirely different nature. Accordingly, the contention of FDOT counsel that "acquisition costs of lands and property" in § 73.071(3)(b), is unwarranted, is unsupported in law, and is not suggested by the text of either statute. To conclude otherwise would be to allow one statute (§ 337.27(3)) to repeal or amend another statute (§ 73.071(3)(b)) by implication, contrary to law, since nowhere in the text of the " property acquisition " statute is the " special damage " statute mentioned....

...Business damages are a matter of legislative grace. Jamesson v. Downtown Development Authority, 322 So.2d 510 (Fla. 1975). The Florida legislature has chosen to award business damages only where a partial taking occurs, not where a full taking occurs. Section 73.071(3)(b), Florida Statutes (1985) provides for business damages: *1177 (b) Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Departmen...

...In their answers to DOT's complaint, both Chevron and Witherington claimed that the taking of parcel 109 rendered the remainder of Chevron's property unsuitable for use as a service station and that they, therefore, were each individually entitled to business damages pursuant to section 73.071(3)(b), Florida Statutes (1985)....

...Witherington was also awarded business damages in the amount of $279,370. DOT did not take issue with Witherington's business damages award or Chevron's taking and severance damages awards but filed a timely notice of appeal challenging Chevron's business damages award. Section 73.071(3)(b) provides in part that where less than the entire property is taken, damages caused by that taking which damage or destroy an established business of more than five years standing, owned by the party whose lands are being taken, and located upon adjoining lands owned or held by such party, are recoverable....

...public taking of private land and, therefore, are only compensable if provided for by statute. Tampa-Hillsborough County Expressway Authority v. K.E. Morris Alignment Service, Inc., 444 So.2d 926 (Fla. 1983). In Morris, the supreme court stated that section 73.071(3)(b) should be strictly construed in favor of the state and that business damages should be awarded only when such an award appears clearly consistent with legislative intent....

...reached — a condition rather than a fixed tangible object from which a condition arises. Hodges v. Division of Administration, 323 So.2d 275 (Fla. 2d DCA 1975). Although the legislature has not chosen to define business location for the purposes of section 73.071(3)(b), in other acts, the legislature has defined a service location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23(24), Fla....

...mmon sense to the interpretation of these terms. See United States v. Porter, 591 F.2d 1048 (5th Cir.1979). As a result, we find that for purposes of establishing that one's business has a physical existence at a certain location for the purposes of section 73.071(3)(b) it is necessary to show that it is an identifiable location from which business, as hereinabove defined, is solicited, accepted, or conducted....

...The jury's award to Himrod is exactly three and one-half times this monthly loss. IV. EVIDENCE OF A FUTURE MARKET IS RELEVANT In a typical eminent domain proceeding, the date of the trial, or the date upon which title passes, is utilized as the date to measure compensation. § 73.071(2), Fla....

...See also State, Dep't of *1251 Transp. v. Fortune Fed. Sav. & Loan Ass'n, 532 So.2d 1267 (Fla. 1988); Texaco, Inc. v. Dep't of Transp., 537 So.2d 92 (Fla. 1989). The legislature has not graced these nursery owners with a statute authorizing business damages. Section 73.071(3)(b), Florida Statutes (1987), allows for severance damages to remaining property where the state takes less than the entire property....

...ceedings so as to preclude appellee from a recovery for the value of their mineral rights. We cannot agree with this contention. In Florida, the compensation for property being appropriated by eminent domain is first determined by a jury. Fla. Stat. § 73.071 (1975)....

...use. 158 So.2d at 758. Accord Dep't of Transp. v. Gefen, 636 So.2d 1345, 1346 (Fla.1994) ("[W]e have held that a condemning authority cannot benefit from a depression in property value caused by a prior announcement of intent to condemn."); see also § 73.071(5), Fla. Stat. (2000). Because the trial court erred in granting DOT's motion in limine, it also erred in failing to grant the following jury instruction requested by Brown, which instruction encompassed the reasoning of the above-cited cases as well as section 73.071(5): If you find from the evidence that the fair market value of the property taken in this case decreased because of the prospect of condemnation, you should disregard that decrease and base your award on the value of the property as it would be at the time of the taking without the threat of condemnation....

...Porter-Carlton, Assistant County Attorney, Orlando, for Appellee Orange County, Florida. HARRIS, Judge. In this eminent domain case, the property owner is seeking business damages. The sole issue presented by the parties is whether the term "right-of-way" contained in section 73.071(3)(b), Florida Statutes, is limited to a road right-of-way, as found by the trial court, or whether the term may include right-of-way easements for drainage facilities as urged by the property owner....

...han 5 years' standing, owned by the parties whose lands are being so taken, located upon adjoining lands owned or held by such party, the probable damages to such business which the denial of the use of the property so taken may reasonably cause.... Section 73.071(3)(b) contemplates two types of possible severance damages from a partial taking—damages caused to the remainder and damages caused to a business which has existed for at least five years....

...y, board, district, or other public body for the condemnation of a right-of-way," relates to damages to the remainder. It appears that both types of severance damage may be off-set by the betterment caused by the improvements under the provisions of section 73.071(4). Subsection 4 of section 73.071 makes it clear that the legislature recognized that the term "right-of-way" has an all-inclusive definition....

...is made, title shall vest in the petitioner, " and the right to compensation for the same shall vest in the persons entitled thereto. " And that " compensation shall be determined in accordance with the provisions of Chapter 73 ..." (italics ours). Section 73.071 provides that when the condemnation action is at issue the Court shall empanel a jury of twelve persons and shall submit to such jury the issue of compensation for determination....

...In order to be entitled to business damages, Night Flight would be required to establish that the condemnation was a "partial taking." See Weaver Oil Co. v. City of Tallahassee, 647 So.2d 819, 822-23 (Fla.1994) (finding "statutory business damages under section 73.071 [Florida Statutes (1991)] may not be recovered unless such business damages are caused by a partial taking of land")....

...its from the operation of the bottle club. This, we determine, is not the law. Where less than the entire property is appropriated, only reasonable damages to an established business located on the unappropriated adjoining land are compensable under section 73.071(3)(b)....

...upon its ability to prove the alleged parking lot activities constituted an established and continuous business on adjoining lands. See State, Dept. of Transp. v. Standard Oil Co., 510 So.2d 324, 326 (Fla. 2d DCA 1987) (finding "for the purposes of section 73.071(3)(b), it is necessary to show that [the adjacent property] is an identifiable location from which business is ......

...Bill Brown VW then filed a motion in limine which sought entry of an order permitting it to introduce evidence of its business damages at trial. The motion essentially sought a determination that Bill Brown VW's business damages claim met the five-year requirement contained in section 73.071, Florida Statutes (1991). This statute limits the right to business damages from a partial taking to the damages sustained by "an established business of more than 5 years standing....." § 73.071(3)(b), Fla....

...fficient *1051 that it had been in operation on an adjoining parcel for a continuous five-year period. Alternatively, Bill Brown VW argued that its use of parcel 114 from 1985 through the date of the taking was sufficient to meet the requirements of section 73.071(3)(b)....

...l 114. The court reasoned: 1. This was a complex eminent domain case involving a claim for business damages by Bill Brown. Just prior to the trial on the business damages, this Court ruled that Bill Brown did not meet the five year requirement under Section 73.071(3)(b), Florida Statutes....

...Appellant's argument fails, and we affirm the trial court's holding. The trial court's determination that the time of appropriation for purposes of compensation is the time when DOC took physical, if not lawful, possession is supported by a plain reading of the applicable statutes. Section 73.071(2), Florida Statutes, which applies to the compensation determination in the majority of eminent domain proceedings, provides that "[t]he amount of ......

...be allowed the defendants shall be determined as of the date of appropriation. Clearly, this statute sets the date of appropriation in this special circumstance as the date determinative of compensation, and this is not the same date established in 73.071(2). If the legislature had intended the date of appropriation to be the date of the trial or the date title passes as delineated in 73.071, then the legislature easily could have so specified....

...ation of taking, including the amount to be deposited in the court registry for the property. § 74.051, Fla. Stat. (1999). The value of condemned property is determined as of the date of the taking or the first day of trial, whichever occurs first. § 73.071(2), Fla....

...property, the trial court awarded business damages in the agreed amount of $1,738,235. On appeal, D.O.T. challenges the trial court's ruling on the motion to exclude evidence of mitigated damages by an off-site cure. As we explain below, we affirm. Section 73.071(3)(b), Florida Statutes (2003), which covers both severance damages and business damages provides, in relevant part, that in an eminent domain action: Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, ......

...Business damages can account for, amongst other things, a loss of goodwill. However, business damages are not intended to be a windfall for the business owner. Statutes should be construed in light of the manifest purpose to be achieved by the legislation. The purpose of section 73.071(3)(b) is to mitigate the hardship that may result when the state exercises the power of eminent domain paying only the constitutionally required full compensation for the property actually taken....

...Eminent domain law focuses only on the land taken, notwithstanding that in a case such as this a substantial portion of lost goodwill may possibly be recaptured by way of a nearby relocation. As such, the taking of the specific property at issue is the sole focus of business damages under section 73.071(3)(b)....

...We affirm on the first issue and reverse as to the second issue. The Department first contends that the trial court erred by denying the admission of expert testimony of a cost-to-cure the effect of the partial taking of the restaurant's parking lot. Section 73.071(3), Florida Statutes, authorizes an award of severance damages for a taking of less than the whole of a business property....

...is basis we affirm the court's exclusion of part of the cost-to-cure proposal. The second issue presented is whether appellees' expert witness testimony on business damages was insufficient as a matter of law. The allowance of business damages under section 73.071(3), Florida Statutes, is a legislative grant and is not constitutionally required. Tampa-Hillsborough County Expressway Auth. v. K.E. Morris Alignment Serv., Inc., 444 So.2d 926 (Fla.1983). "[A]ny ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and such damages should be awarded only when such an award appears clearly consistent with legislative intent." Id. at 929. The property owner in an eminent domain proceeding has the burden of proof on this issue. City of Fort Lauderdale v. Casino Realty, Inc., 313 So.2d 649 (Fla.1975). Section 73.071 does not define "business damages," but this court has stated that business damages "are more in the nature of lost profits attributable to the reduced profit-making capacity of the business caused by a taking of a portion of the realty or improvements thereon." LeSuer v....

...Such testimony is inadmissible as a matter of law and should have been stricken. See Manoli, supra . We therefore reverse on this issue. We certify the following question, however, as being one of great public importance: IN AN EMINENT DOMAIN CASE IN WHICH AN ESTABLISHED BUSINESS IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071(3)(b), FLORIDA STATUTES, CONTEMPLATE CALCULATION OF BUSINESS DAMAGES BY ANY MEANS OTHER THAN A LOST PROFIT ANALYSIS? IN THE INSTANT CASE IS THE EXPERT'S BUSINESS DAMAGE CALCULATION A LOST PROFIT ANALYSIS REQUIRING THE DEDUCTION OF FIXED EXPENSES, SUCH AS SALARIES, INTEREST, DEPRECIATION, AND UTILITIES, OR AN ALTERNATIVE ANALYSIS, COGNIZABLE UNDER SECTION 73.071(3)(b), BASED ON DEDUCTION OF CERTAIN VARIABLE EXPENSES AND THE EXCLUSION OF FIXED EXPENSES FROM THE ANALYSIS? Appellees' motion to dismiss is denied....

...f their coin-operated laundry business. Prior to trial, a hearing was held to determine the issue of damages claimed for loss of business by appellants. The court ruled that appellants were not entitled to damages for loss of their business and that Section 73.071, Fla.Stats., F.S.A., was not applicable to the facts surrounding the taking and destruction of appellants' coin-operated laundry business....

...This compensation award was ultimately apportioned between the fee owner and the lessee, with appellants, as sublessees, receiving nothing. Appellants allege that the appellee condemned and destroyed approximately 5/8ths of the business structure, leaving the remaining 3/8ths upon adjoining land not taken. Section 73.071(3) (b), Florida Statutes, F.S.A., provides: "Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including when the action is by the state road department * * * and the e...

...f such damages." Florida is one of the few states in the nation that provides for business loss by reason of condemnation. The Legislature of 1933 provided for business losses in Chapter 15927, which act is similar with certain limited exceptions to Section 73.071, formerly 73.10, Florida Statutes, F.S.A....

...the property so taken, the probable damage to such business which such denial of use may reasonably cause, together with an award of profits lost to these Defendants during the period of relocation of said business, and moving costs." The wording of § 73.071, Fla.Stats., F.S.A., makes the statute applicable only where the established business is located upon the adjoining lands to that property taken and not where the business is located upon the property being taken. Under the showing made in this case, the defendants Douglass and wife have not brought themselves within the purview of § 73.071, Fla.Stats., F.S.A....

...acquired. For the purpose of this section, *382 the scope of the project for which the property is being acquired shall be presumed to be known in the market on or after the condemnor executes a resolution which depicts the location of the project. Section 73.071(5), Fla....

...Reading the jury instruction as given constitutes reversible error because it is misleading and an erroneous statement of the law. See Mogavero v. State, 744 So.2d 1048, 1050 (Fla. 4th DCA 1999). [1] Accordingly, on remand, we direct the trial court to give an instruction in accordance with section 73.071(5). AFFIRMED and REMANDED for a new trial with directions. BROWNING and HAWKES, JJ., concur. NOTES [1] There is no conflict between section 73.071(5) and Department of Transportation v. Nalven, 455 So.2d 301 (Fla. 1984). In Nalven, the Florida Supreme Court ruled that the increase in property values could be considered, but only the probable alignment of the project (1-75) in Manatee County was known. Id. at 308. Section 73.071(5) prohibits increased or decreased value resulting from anticipation of the actual project location, not just a generally known area as in Nalven. Therefore, section 73.071(5) is consistent with, not contrary to, judicial determinations of full and just compensation....

...Kemmerle, of Holland & Knight, Tampa, for appellee Tampa Elec. Co. Rehearing and Rehearing En Banc Denied October 1, 1987. HALL, Judge. In this eminent domain proceeding, Odell O. Sasnett appeals from the final judgment denying his request for business damages under section 73.071(3)(b), Florida Statutes (1985)....

...sidents would not want to live in such close proximity to the proposed power lines. TECO filed a motion to strike the claim for business damages on the ground that it was not a "public body" and, therefore, not required to pay business damages under section 73.071(3)(b)....

...4th DCA 1984), and awarded the appellant $423,000.00, less 1986 taxes due, as full compensation for the property. The stipulated final judgment expressly stated that "Sasnett may appeal ... this Court's striking of his claim for business damages." The statute allowing business damages, section 73.071(3)(b), provides: (b) Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation, county, municipality, board, d...

...mbursement by the condemnor to the owner for appraisers' fees incurred in establishing the extent of the owner's damage. Jacksonville Expressway Authority v. Henry G. DuPree Co., 108 So.2d at 292. This right to severance damages has been codified as Section 73.071(3)(b), Florida Statutes, which provides, in relevant part that — (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: (b) Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, ......

...This is an eminent domain proceeding. The condemnor was Florida Power and Light Company, a private, investor-owned electric utility. The property owner was Hobe Groves, Inc. The trial court ruled that Florida Power was a "public body" within the definition found in Section 73.071(3)(b), Florida Statutes (1981)....

...We reverse the award of attorney's fees and remand for a new hearing as to it to be conducted without regard to the award of business damages and the attorney's work done in that connection. There is no challenge as to constitutionality in this appeal. The critical statute allowing business damages is Section 73.071(3)(b), Florida Statutes (1981) which provides: (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: (b) Where less than the entire property is sought to be appropriated, any damag...

...When property is taken by eminent domain, the compensation to be awarded the owner is its fair market value at the time of the taking. See Yoder v. Sarasota County, 81 So.2d 219 (Fla. 1955); State Road Department v. Chicone, 158 So.2d 753 (Fla. 1963) and Section 73.071, Florida Statutes (1977)....

...Deis were all represented by the same attorney with respect to the eminent domain proceeding. In their answer to the County's eminent domain petition, all three defendants claimed, among other things, that they were entitled to recover business damages pursuant to section 73.071(3)(b), Florida Statutes (1993)....

...More specifically, the County argues that tenants are entitled to recover only those business damages which are sustained during their right of possession and therefore tenants cannot recover business damages for any period of time after the landlord terminates their right of possession. We agree. [2] Section 73.071(3)(b), Florida Statutes (1993), authorizes a trial court to award business damages in an eminent domain proceeding: 73.071 Jury trial; compensation; severance damages.- (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: * * * (b) Where less than the entire property is sought to be appropriated, any damages...

...mination by either party at the end of any renewal period necessarily restricts the extent of future business damages to which appellant might be entitled to a period not exceeding one year. Id. at 379-80. We adopt this reasoning and hold that under section 73.071(3)(b), a tenant is entitled to recover business damages resulting from a condemnation proceeding, but such damages are limited by the duration of the leasehold interest existing in favor of the tenant at the time of the entry of the order of taking....

...In Almota, the court noted that "[u]nlike Petty Motor, there is no question here of creating a legally cognizable value where none existed, or of compensating a mere incorporeal expectation." 409 U.S. at 473, 93 S.Ct. 791. Moreover, unlike Almota and Petty Motor, "[t]he right to business damages under section 73.071(3)(b), Florida Statutes (1995), in a condemnation proceeding is a matter of legislative grace, not a constitutional imperative......

...5th DCA 1996), rev. denied, 689 So.2d 1073 (Fla.1997). It is undisputed that Hancock and Mr. Deis operated their businesses on the property for more than five years prior to the condemnation and that they are entitled to assert a claim for business damages. See § 73.071(3)(b), Fla....

(emphasis added). This is consistent with section 73.071, which requires the jury during the “compensation”

...s various parcels of their land for the construction, operation and maintenance of 500,000 volt (500 kV) transmission lines linking coal-fired electric plants in Georgia with Florida. The cases were consolidated for trial on the compensation issues. Section 73.071(3)(b), Florida Statutes (1983), allows the jury to determine not only the value of the property sought to be appropriated, but also "[w]here less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking......

...The trial court held that where the property owner objects to the total taking of her property on the basis that the acquisition costs of the total taking will not be equal to or less than the acquisition costs of a partial taking, these issues involve elements of compensation. Therefore, pursuant to section 73.071(3), Florida Statutes (1995), jury resolution of compensation issues is required....

...costs of the entire tract would not be equal to or less than that of the costs of a partial taking, does not amount to bad faith or an abuse of discretion on DOT's part, and the order of taking should have been confirmed. The trial court relied upon section 73.071(1), but that section does not change our opinion since it merely states that the court shall impanel a jury and "submit the issue of compensation to them for determination." Since the jury can determine only the matter of compensation,...

...12, 1998), the supreme court noted that a good faith estimate made for the purpose of a quick take proceeding does not establish the value of property rights and is thus not a finding of just compensation. Therefore, it follows that there is no conflict with section 73.071(1) in ordering a quick taking....

...In my opinion the trial court correctly denied DOT's petition for entry of an order of taking on the entire property, deferring its ruling until after the question of the public purpose to be served by the condemnation of the entire parcel was resolved by a jury impaneled to determine the value of that property pursuant to section 73.071....

...Business damages of this nature are not compensable where, as here, there is a total taking of real property, as opposed to a partial taking. See Tampa-Hillsborough County Expressway Authority v. K.E. Morris Alignment Service, Inc., 444 So.2d 926 (Fla. 1983); § 73.071(3)(b), Fla.Stat (1985)....

...At the time of trial, System Components had moved into its new facility. The parties stipulated to the value placed on the property and building by DOT's appraiser. The parties also agreed that System Components qualified for a business damage claim by meeting the requirements set forth under section 73.071(3)(b), Florida Statutes (2003) [2] ....

...al value of the business, as if it had ceased to exist due to the partial taking. DOT contends that its business damages only include its actual damages, taking into account the continuing operation of the business. During the litigation, relying on section 73.071(3)(b), Florida Statutes, and Florida Department of Transportation v....

...stablished principles of the duty to mitigate. Rather, the Fourth District Court of Appeals denied the off-site cure in Tire Centers, LLC on the basis of an inference of a universal prohibition against off-site cures drawn from Florida Statutes Sec. 73.071(3)(b)....

...usiness. On appeal, System Components now seeks reversal of this judgment and remand with directions to enter a final judgment for the full value of the business. For the reasons that follow, we cannot agree with the Fourth District's application of section 73.071(e)(h), Florida Statutes (2005), and conclude that System Components was awarded all the business damages to which it was entitled....

...Rather than recover its business damages, it would recover something else, *690 a form of compensation for the taking of part of its property measured by the full value of the business, as though it had ceased to exist. We conclude that this is not what section 73.071 says or intends....

...See Trinity Temple Church of God in Christ, Inc. v. Orange County, 681 So.2d 765 (Fla. 5th DCA 1996); Mulkey v. Division of Admin., 448 So.2d 1062 (Fla. 2d DCA 1984). Florida has had a statutory provision allowing business damages since 1933; it is presently codified in section 73.071(3)(b), Florida Statutes....

...ment. See Dep't of Transp. v. Rogers, 705 So.2d 584 (Fla. 5th DCA 1997). Business damages, however, are inherently damages; they are not intended to be a windfall unconnected with any out-of-pocket loss. Tire Centers, 895 So.2d at 1112. According to section 73.071(3)(b), Florida Statutes: Where less than the entire property is sought to be appropriated, any damage to the remainder caused by the taking, including, when the action is by the Department of Transportation, county, municipality, board...

...on for the destruction of his business, or the damage to it caused by its forced relocation from its established site. See State Road Dep't v. White, 148 So.2d 32 (Fla. 2d DCA 1962). The Florida Supreme Court has acknowledged that "[t]the purpose of section 73.071(3)(b) is to mitigate the hardship that may result when the state exercises the power of eminent domain...." K.E....

...Eminent domain law focuses only on the land taken, notwithstanding that in a case such as this a substantial portion of lost goodwill may possibly be recaptured by way of a nearby relocation. As such, the taking of the specific property at issue is the sole focus of business damages under section 73.071(3)(b)....

...It is worth noting that although a change of location can be harmful, even devastating to some businesses, for others, its location makes no difference at all. DOT also contends that Tire Centers conflicts with the rule of law articulated by the Florida Supreme Court in K.E. Morris. In K.E. Morris, the court said that section 73.071(3)(b) should be strictly construed, with any ambiguity construed against a claim for business damages. Legislative grants of property or franchise rights must, when construction is necessary, be strictly construed in favor of the state and against the grantee. See K.E. Morris, 444 So.2d at 928. Thus, any ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and such damages should be awarded only when such an award appears clearly consistent with legislative intent....

...a business's location. But that is not the issue. The question presented here is what the statute intends to allow in terms of probable damages to the business that loss of use of the condemned property may reasonably cause. We are unable to find in section 73.071(3)(b), the "on-site" limitation identified by the Tire Centers court....

...NOTES [1] System Components is a wholesale distributor of fluid purification control and instrumentation. It has exclusive Florida distributor arrangements with a number of manufacturers and service customers in food processing, drug manufacturing, municipal water and other related areas. [2] Section 73.071(3)(b), Florida Statutes provides: 3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: .......

...Based upon the facts as so determined, the judge then decides as a matter of law whether the landowner has incurred a substantial loss of access by reason of the governmental activity."); Dep't of Transp. v. Fisher, 31 Fla.L. Weekly D1904, D1904, ___ So.2d ___, ___, 2006 WL 1933416 (Fla.2d DCA July 14, 2006). See also § 73.071(3)(b), Fla....

...The municipality actually needs only 50 feet of the 60 foot depth for the street widening. This parcel contains a building leased to a tenant who has operated a business thereupon *361 for more than five years. The tenant asserted a claim for special damages to its business under section 73.071(3)(b), Florida Statutes, which statute is applicable when less than an entire tract is to be condemned....

...permitted by statute to condemn more property than is necessary where they would save money by doing so, §§ 337.27(2), [2] 127.01(1)(b), Fla. Stat., the municipality contends it may likewise do so and thus avoid the business damage claim. Because section 73.071(3)(b), Florida Statutes, authorizes damages for a taking which damages or destroys an established business only when less than the entire property is sought to be taken, it is often less costly to the condemning authority to acquire an...

...s damage claim by permitting the total taking of parcel 23 is reversed and the cause remanded for proceedings not inconsistent with this opinion. [6] REVERSED and REMANDED. DANIEL, C.J., and GOSHORN, J., concur. NOTES [1] This anomaly exists because section 73.071(3)(b), Florida Statutes, which authorizes special damages for a taking which damages or destroys an established business, is only applicable when less than the entire business premises is sought to be appropriated....

...e any inventory of the prior owner except for the remaining gasoline, some of the fixtures on the pumps, and the Chevron sign. There was testimony presented that this transaction was little different from the sale of other types of small businesses. Section 73.071(3)(b), Florida Statutes, provides: Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation, county, municipa...

...wner.” Art. X, § 6, Fla. Const. In typical takings cases, the state entity files a petition of condemnation, § 73.021, Fla. Stat. (2004), a twelve-person jury determines what amount is equal to “full compensation” for the property, § 73.071, Fla....

exclusive province of the jury pursuant to section 73.071, Florida Statutes (1985), to determine the

square feet for which compensation would be due. Section 73.071(3), Florida Statutes, F.S. A., provides that:

awarded Fancy Farms $62,600 as business damages. Section 73.071(3)(b), Florida Statutes (1987), which governs

the remainder caused by the taking, if any. See § 73.071(2), (3)(a) & (b), Fla.Stat. (1991); Broward County

trials get preference over other civil cases, section 73.071(1), Florida Statutes, and the remaining plaintiff-property

not readdress whether a taking has occurred. See § 73.071(3), Fla. Stat. (2011) (“The jury shall determine

the result of the condemnation proceedings. Section 73.071(3)(b), Fla.Stat. (1979), provides: Where less

business damages adjudicated as permitted by Section 73.071(3) (b), Florida Statutes, F.S.A., but the trial

...Sav. & Loan Ass'n, 507 So.2d 1172, 1176 (Fla. 2d DCA 1987), quashed on other grounds, 532 So.2d 1267 (Fla. 1988); City of Miami v. Coconut Grove Marine Properties, Inc., 358 So.2d 1151, 1154 (Fla. 3d DCA 1978), cert. denied, 372 So.2d 932 (Fla. 1979). Section 73.071(3)(b), Florida Statutes (1985), provides in pertinent part that compensation for business damages may be awarded in an eminent domain proceeding "[w]here less than the entire property is sought to be appropriated......

495, 496 (Fla. 4th DCA 1992) (citing Fla. Stat. § 73.071(2), (3)(a), & (b)). Importantly, though, the Florida

was not entitled to business damages under section 73.071(3)(b), Florida Statutes (1981). The statute

motion in the trial court to determine that section 73.071(3)(b), Florida Statutes (1981), is unconstitutional

...John's filed an inverse condemnation counterclaim as to Parcel 104A. At the inverse condemnation hearing on May 30, 2006, the trial court found in favor of St. John's. The court's order utilized the May 30th, 2006 trial date for purposes of valuation for compensation pursuant to section 73.071(2), Florida Statutes (2006)....

jury determination of that amount (pursuant to section 73.071) cannot be cut short by dismissal of the case

Hart & Sons claimed business damages under section 73.071(3)(b), Florida Statutes (1985). Hart & Sons’

appellants as a result of the taking. F.S. Section 73.071(4), F.S.A., dealing with the practice and procedure

...had resulted in the Millanises retaking possession and/or ownership of the lease. Under Florida law, the time for assessing the value of property that was the subject of a taking is the earlier of the date of trial or the date that title passes. See § 73.071(2), Fla....

...cquired which occurs after the scope of *1082 the project and its location are known [2] and which is solely attributable to knowledge of the project's scope and location shall not be considered in arriving at the value of the acquired property. See § 73.071(5), Fla....

...lease, the lessor acknowledged he never took steps to legally terminate the lease. [2] The scope of the project "shall be presumed to be known in the market on or after the condemnor executes a resolution which depicts the location of the project." § 73.071(5), Fla....

practicable to determine the amount of damages. § 73.071(1), Fla.Stat. (1983). As in other civil proceedings

...Its position on business damages was that the Canal 14 and Western Way properties should be considered as one piece of property, so that the taking of the Canal 14 parcel qualified as "less than the entire property . . . sought to be appropriated" within the meaning of the business damages statute, section 73.071(3)(b), Florida Statutes (2004)....

...4th DCA 1998). The business damages statute is "strictly construed in favor of the state and against" one seeking such damages. Tampa-Hillsborough Cty. Expressway Auth. v. K.E. Morris Alignment Serv., 444 So.2d 926, 928 (Fla.1983). "[A]ny ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and such damages should be awarded only when such an award appears clearly consistent with legislative intent." Id. at 929. Section 73.071(3), the basis for business damages, provides: (3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include: (a) The value of the property sought to be appropriated; (b) Where less than the...

...The entire Canal 14 tract was taken; there was no partial taking leaving a part of the nursery business on the remainder. The continued operation of the nursery business on Western Way was not on land "adjoining" the property taken within the meaning of section 73.071(3). A review of the case law applying section 73.071(3)(b) or its predecessor, section 73.10(4), and affirming, to some degree, an award of business damages reveals that the damages were awarded solely in cases where the land taken and the land that remained were "adjoining" in the literal, physical sense....

...The issue in Alexander was whether there had been a temporary taking of an island in the Intracoastal Waterway. For this reason, we find the case to be inapplicable. We find no error in the trial court's refusal to submit to the jury the issue of whether Gateway was entitled to business damages. Section 73.071(3) provides that the jury shall determine "solely the amount of compensation to be paid." Section 73.061(1), Florida Statutes (2004), provides that prior to trial, "the court may hold a hearing, in limine, to settle all disputed matter...

denying business damage. Sun Island relies on section 73.-071(3)(b), Florida Statutes (1985), which applies

owner is entitled eventually to a jury trial[.]”); § 73.071, Fla. Stat. (2016) (requiring a twelve-person

taken in a partial condemnation proceeding. See § 73.071(3)(b), Fla. Stat. (1995); Kendry v. Div. of Admin

...wner,” Art. X, § 6, Fla. Const. In typical takings cases, the state entity files a petition of condemnation, § 73.021, Fla. Stat. (2004), a twelve-person jury determines what amount is equal to “full compensation” for the property, § 73.071, Fla....

...e plaintiffs' ("Miami-Dade County homeowners") motion to stay the Miami-Dade County proceedings pending the outcome of the Broward County citrus canker litigation. Because the trial court's order is in direct conflict with this Court's 2006 mandate; section 73.071, Florida Statutes (2008), regarding eminent domain proceedings; Florida Rule of Civil Procedure 1.220(d), regarding class action certification; and relevant case law, I would reverse the order staying the proceedings and remand with directions to proceed with class certification forthwith....

...ocess. The Miami-Dade County homeowners' failure to move towards class certification and the Miami-Dade circuit court's failure to hold its independent class certification hearing not only ignores this Court's mandate issued in 2006, it ignores both section 73.071 and rule 1.220(d). Section 73.071(1), which provides that the trial court should give eminent domain cases priority and impanel a jury as soon as practical, states as follows: When the action is at issue, and only upon notice and hearing to set the cause for trial, the...

...proceeding, the Miami-Dade County homeowners have taken no steps to do so. The stay issued by the *867 Miami-Dade circuit court, which will indefinitely delay the class certification process, is a clear abuse of discretion, thwarts the directives of section 73.071 and rule 1.220(d), flies in the face of the "soon as practicable" requirement of rule 1.220(d), and defeats the basic principles of fundamental fairness and the orderly administration of justice....

that it was not too close to the septic tank. Section 73.071(3)(b), Florida Statutes (1997), provided: Where

in existence for five years as required by section 73.071(3)(b), Florida Statutes (1991). We find no

realignment of the road (“severance damages”). Section 73.071(4), Florida Statutes (2014), provides that

Inc., 286 So.2d 578 (Fla. 4th DCA 1973), and Section 73.071(3), Florida Statutes. Accordingly, I would

IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071(3)(b), FLORIDA STATUTES, CONTEMPLATE CALCULATION

had not brought themselves within the purview of § 73.071, FlaStats., F.S.A., relating to damages in an

Should the case go to jury trial pursuant to Section 73.071 of the Florida Statutes for determination of

the business damage is within the scope of F.S. § 73.071(3) (b), F.S.A., formerly F.S. § 73.10(4), F.S

Palm Beach, 1931, 101 Fla. 868, 132 So. 689; cf. § 73.071(3) (b), F.S.1973.

trial was that of business damage cognizable under § 73.071(3) (b), F.S., 1973. On that subject the condemning

DOMAIN ENTITLED TO BUSINESS DAMAGES PURSUANT TO SECTION 73.-071(3)(b), FLORIDA STATUTES (1985), WHEN THE LESSEE

from Scuba II. Pursuant to the provisions of Section 73.-071(3)(b), Florida Statutes (1989), appellant sought

Department v. Bramlett, 189 So.2d 481 (Fla.1966); Section 73.071(3)(b), Florida Statutes (1981).

...State Road Department, 189 So.2d 793 (Fla.1966); Dama v. Record Bar, Inc., 512 So.2d 206 (Fla. 1st DCA), rev. denied, 519 So.2d 988 (Fla.1987); Mulkey. However, business damages are recoverable only where a partial taking occurs, a situation not present here. § 73.071(3)(b), Fla....

...ony constitutes "business damages," which are precluded in whole taking cases. Florida cases which describe the nature of business damages in partial taking cases are instructive in analyzing this issue, because business damages are not defined in §§ 73.071(3)(b)....

...Based upon the facts as so determined, the judge then decides as a matter of law whether the landowner has incurred a substantial loss of access by reason of the governmental activity."); Dep't of Transp. v. Fisher, 31 Fla. L. Weekly D1904, D1904, 2006 WL 1933416 (Fla. 2d DCA July 14, 2006). See also § 73.071(3)(b), Fla....

299 So.2d 101 (Fla. 1st DCA 1974). Although Section 73.071(4), Florida Statutes (1975)1 requires that

court registry pending outcome of this appeal. Section 73.071(3), Florida Statutes, F.S. A., provides that

true ownership of the property, as required by Section 73.071, Florida Statutes, F.S.A. The following year

ANTOON, C.J, and THOMPSON, J, concur. . See § 73.071(3)(b), Fla. Stat. (1993). . The addendum to

...The trial court concluded that L-N-W's right to use and enjoy the common areas, driveway and parking lot, was only a license. The trial court reasoned that because the term "license" was used, only a license was intended. Because a license will not support a business damages claim under section 73.071(3)(b), Florida Statutes, the trial court dismissed the claim. We reverse. In order to be compensated under section 73.071(3)(b) for business damages resulting from a partial eminent domain taking, the party to be compensated must have an interest in the real property taken....

...In that case, the defendant is not entitled to an award of costs. Pinnacle attempts to distinguish Jack's Quick Cash because in that case the trial court concluded that the defendant failed to meet the five-year requirement for establishing business damages. See § 73.071(3)(b). It argues that, unlike the defendant in Jack's Quick Cash, it met the statutory requirements of section 73.071(3)(b) and was "eligible" to claim business damages....

...The jury returned a verdict which totaled $1,357,500 ($340,000 value of land taken plus $1,017,500 severance damages.) The jury's verdict is supported by competent evidence in the record. Dixie Lime is entitled to business damages for the partial taking under section 73.071(3)....

...When the taking is only part of a piece of real property on which there is an established business for a certain duration, the owner is entitled to just compensation for "the probable damages to such business which the denial of the use of the property so taken may reasonably cause." § 73.071(3)(b), Fla....

Petition and pursuant to Fla.R.Civ.P. 1.430 and section 73.071, Florida Statutes (1985). Fla.R.Civ.P. 1.430(a)

question whether use of the term “shall” in section 73.071(3)(b), Florida Statutes (1989), would prohibit

Business damages continue to be controlled by section 73.-071, Florida Statutes (1987). Id. at 849-50. The

against damage to adjoining and remaining land. Section 73.071(4), Florida Statutes, F.S.A., says: “When the