Palm Beach Cnty. v. Cove Club Investors Ltd.
Florida Supreme Court
734 So. 2d 379 (Fla. 1999)
Relevant factsFree
Palm Beach County (defendant) took a mobile home lot by eminent domain to build a road; the lot was subject to a covenant requiring its owner to pay a monthly recreational fee to Cove Club (plaintiff) regardless of actual facility use. Cove Club sued for compensation for the lost fee stream, and the trial and intermediate appellate courts found it had a compensable property right, prompting the county's appeal.
IssueFree
Whether the government must compensate a party for the loss of assessment fees when it condemns property subject to a covenant requiring the owner to pay those fees.