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Elmore v. Broward County

Citations: 507 So. 2d 1220; 12 Fla. L. Weekly 1402Docket: 4-86-0099

Court: District Court of Appeal of Florida; June 3, 1987; Florida; State Appellate Court

Narrative Opinion Summary

In a case concerning the condemnation of property adjacent to an airport, a county successfully acquired the land where a rental car company operated under a lease. The trial court awarded the tenant $85,000 out of a total condemnation award of $725,000, recognizing $45,000 for property improvements and $40,000 for the loss of a valuable leasehold interest with 6.5 years remaining. The lease contained a clause providing for equitable division of condemnation proceeds, but the landlord argued this did not apply due to the lease's cancellation upon full property condemnation. The court held that the cancellation of the lease did not negate the tenant's right to a portion of the award, as explicit language was required to exclude the tenant from compensation. The appellate court affirmed the trial court's decision, emphasizing that legal precedents and the lease's terms supported the tenant's entitlement to a share of the proceeds. The ruling reinforced the necessity for clear and explicit lease language to alter rights in condemnation cases.

Legal Issues Addressed

Eminent Domain and Leasehold Interests

Application: The court held that a tenant is entitled to a portion of the eminent domain award despite the cancellation of the lease due to condemnation, unless explicitly stated otherwise in the lease agreement.

Reasoning: The court affirmed that the cancellation of the lease does not extinguish Budget's rights to a fair portion of the eminent domain award.

Interpretation of Lease Provisions in Condemnation

Application: The lease's provision for equitable division of proceeds upon condemnation was upheld, supporting the tenant's claim to a share of the compensation despite the lease's termination.

Reasoning: Paragraph VI of the lease stipulates that if the property is condemned, proceeds should be divided equitably, and if the entire property is taken, the lease is canceled.

Requirement for Explicit Language in Lease Agreements

Application: The court emphasized that explicit language is necessary in a lease to exclude a tenant from receiving any part of a condemnation award.

Reasoning: The court concluded that the lease allows for a division of proceeds, and if the landlord intended to exclude the tenant from any award, explicit language would have been required.