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In that case the Second District Court of Appeal held that the claimant was an owner of property in a constitutional sense by virtue of the leasehold estate he held as a tenant at sufferance. The court concluded that the claimant was entitled to be compensated for improvements placed by him on the land condemned which, under the expired written lease, he had a right to remove at the conclusion of his tenancy. This holding is in harmony with the majority rule followed by other states of this country. In the case of Hoffman Wall Paper Co.

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City of Hartford it was contended by the condemning authority that a leasehold estate terminable at will had no compensable value to the owner in a suit brought for the purpose of condemning the land to which the leasehold estate attached. In rejecting this contention the court said:. To the same effect are decisions from a host of other jurisdictions in our country. The foregoing rule has been applied to the claim of a tenant at will for costs and expenses necessarily incurred in severing trade fixtures which he had installed on land being condemned, and reattaching them to another site.

The principle which permits recovery by a tenant at will for any damages suffered by him as a result of the taking of all or a part of his leasehold estate in an action of eminent domain accords with reason and justice. Under F. His one year tenancy at will has a property value equal in all respects to the value of a leasehold estate for a term of years under a written lease which has only one year remaining before expiring by its terms.

The fact that rent is paid on a month to month basis thereby restricting the leasehold estate to a term of not more than one month at the option of the lessor differs from a one year tenancy at will only in the matter of degree, but not in kind.

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If a tenancy at will for a period of one year constitutes a leasehold estate of which the lessee is an owner in a constitutional sense, the same rule must be applied to a tenant at will whose term is limited to one month at a time. The shorter term becomes important only in determining the value of the leasehold estate which is taken under the power of eminent domain, but does not have the effect of depriving a tenant at will from claiming the same elements of damage to which a tenant at will from year to year would possess.

This includes damages resulting from the loss or cost of removing the improvements located on the land being condemned forming a part of the leasehold estate, as well as damages to an established business of more than five years standing located on adjacent property to which the leasehold estate attaches. In a recognized treatise on eminent domain, as to damages allowable upon the condemnation of a part of the leasehold estate, we find:.

While it is conceded that the foregoing rule is not applicable in those instances where the property being condemned includes the entire leasehold estate, [13] this court has indicated, at least by implication, that the rule would be applicable in those cases involving only a partial taking. Holding as we do here, that the holder of a tenancy at will is an owner of property in a constitutional sense, then the appellant is entitled to the protection of the statute which requires that the owner of an established business of more than five years standing located upon adjoining lands owned or held by him be compensated for the damages he sustains as a result of the partial taking of his property by eminent domain.

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State Road Department, previously before this court, So. The appellant attempted to get its claim before the court in said cause, but was precluded from so doing upon objection of the appellee herein. An interlocutory appeal as suggested by the appellee would not have accomplished any result on the merits of the appellant's case. From the foregoing it is our conclusion that the complaint filed by appellant in this case states a cause of action under the constitution and laws of Florida, and that the chancellor erred in dismissing it on motion of appellees.

The final decree of dismissal appealed herein is reversed and the cause remanded for further proceedings. Any lease of lands and tenements, or either, hereafter made, shall be deemed and held to be a tenancy at will, unless the same shall be in writing signed by the lessor.

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Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year. White, So. Bramlett, So. Prince, So. City of Hartford , Conn. Manhattan Ry. City of Pittsburgh, Pa.


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City of Detroit, Mich. Prince, supra note 4; State ex rel. City of Miles City v. Northern Pacific Ry.


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Williams, Va. Scheike, 3 Wash. General Motors Corp. Petty Motor Co. Jacksonville Expressway Authority, So.

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Dade County, So. Ruskin, So. Your Notes edit none. Authorities 7 This opinion cites: United States v. Orange State Oil Co.

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