1. The condemning authority must include the value of trees and crops in the payment of full compensation to the property owner in eminent domain proceedings in Florida.
2. In some cases, the condemning authority may be required to pay compensation for trees even without taking the subject property, if the trees present a danger to the construction of infrastructure.
3. However, in other cases, trees may not be considered for compensation without a taking of the subject property upon which they are located.
4. The valuation of trees and crops may be subject to further scrutiny, with the replacement cost of trees being the proper measure of damages for their taking, rather than the diminution in value of the owner’s property as a whole. – Severance damages may be appropriate for trees prized for sentimental and aesthetic qualities.
– Lost profits may be a measure of damages for destruction of un-matured crops.
– Owners should receive full and fair compensation for their property in eminent domain proceedings.
https://www.jimersonfirm.com/blog/2018/06/trees-crops-eminent-domain-florida/
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