Title: Opinion File 65-1 thru 65-2
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Permanent Link: http://ufdc.ufl.edu/WL00003224/00001
 Material Information
Title: Opinion File 65-1 thru 65-2
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 65-1 thru 65-2
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00003224
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




FAIR MARKET VALUE


Several alternatives:

1. Value to the taker
2. Value to the owner
3. FMV

See 67 Yale L.J. 61


JKEY WAVS: I ,

Di a/L Va 4i
^ .(' /^7> --


FMV only a "tool" to assist in determining what is full compensation.
Jacksonville Expressway Authority vs. DuPree Co., 108 So 2d 289

See Nichols Vols. 4,5

Orgel Valuation Under Eminent Domain


* It is the owner's property rights that are protected not his in-
vestment. There is no guarantee that he will necessarily receive
his investment back.
U.S. vs. Powelson, 319 U.S. 266, 63 S. Ct. 1047, 87 L.Ed. 1390

SRD vs. Stack, 231 So. 2d 859
FMV is the amt. of money that a purchaser willing but not obligated
to buy the property would pay an owner willing but not obligated
to sell, taking into consideration all uses to which the property
is adapted and might be applied in reason.

This definition includes for condemnation purposes uses permitted
by reasonably probable future changes in zoning.
Sec: 116 So. 2d 762

In determining the willing buyer willing seller test of market
value the csurtsahave held that all factors should be considered
that reasonably would be given weight in negotiations between a
seller and a buyer. Swift & Co. vs. Housing Authority of Plant City,
106 So. 2d 616.

Part of the test:

1. Fair sale resulting from fair negotiations.

2. Neither party acting under compulsion of necessity.

3. Both parties have knowledge of all relevant facts.

4. Sale without peculiar or special circumstances.


5. Reasonable time in which to find a buyer.


9clq'9


. L I"


6 5-1






65- 2


See: Holt and Barns 7 Miami Law Q. 147 at 156,157

1 Orgel 20

See Vol. 6 The Practical Layiver P. 46




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