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The parcel is unique in Broward County because the northern property is platted for a 349-room hotel, while the southern portion is zoned for a 150-room hotel, retail, industrial and other commercial uses. “It’s quite a valuable piece of property,” Balmuth said. “Even though it was only used as a tree farm, its potential use could have been quite lucrative.” Family court filings claim the county’s construction of a runway extension crossing U.S. Highway 1 caused flooding that pushed under culverts, leading to several feet of overflow on the neighboring Shaw land. Court pleadings show farmworkers with no vehicular access were unable to access the trees. They also argued the construction work contaminated the land when arsenic attached to the silt in the flood waters. “It was basically awful what they did to these folks,” Balmuth said. ”The Shaws didn’t want to sue the county. They tried to get the county to fix the problems.” Balmuth teamed with Jack Seiler, a partner at Seiler Zaden Rimes & Wahlbrink and former Fort Lauderdale mayor, for the litigation. The attorneys showed that in addition to damaging trees on the northern parcel, the county had also taken a drainage easement over the southern 31 acres, which Balmuth argued was worth about 90 percent of the property value. Once Levenson found the county had taken the property, he set the inverse condemnation case for a jury trial to determine compensation for Shaw Farms. Broward County could have spent millions of dollars to acquire the parcel through eminent domain proceedings, which give the government the right to pay fair market value to expropriate private property for public use. But even then, it would have purchased only the easement and not the valuable acreage near major roadways, an airport and seaport. The county chose to avoid trial and instead reached the eight-figure settlement that Balmuth believes is a record for an inverse condemnation case in Florida. “The settlement was a win-win,” Balmuth said.
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