26 sections in this chapter.
Fla. Stat. § 73.012 Procedure
0.1K chars
Actions in eminent domain shall be governed by the rules of civil procedure and the appellate rules unless otherwise provided by this chapter.
Fla. Stat. § 73.013 Conveyance of property taken by eminent domain; preservation of government entity communications services eminent domain limitation; exception to restrictions on power of eminent domain
8.9K chars
(1) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, if the state, any political subdivision as defined in s. 1.01(8), or any other entity to which the power of eminent domain is delegated files a petition of condemn…
Fla. Stat. § 73.014 Taking property to eliminate nuisance, slum, or blight conditions prohibited
3.6K chars
(1) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, the state, any political subdivision as defined in s. 1.01(8), or any other entity to which the power of eminent domain is delegated may not exercise the power of …
Fla. Stat. § 73.015 Presuit negotiation
24.2K chars
(1) Before an eminent domain proceeding is brought under this chapter or chapter 74, the condemning authority must attempt to negotiate in good faith with the fee owner of the parcel to be acquired, must provide the fee owner with a written offer and, if requested, a copy of the …
Fla. Stat. § 73.0155 Confidentiality; business information provided to a governmental condemning authority
4.9K chars
(1) The following business information provided by the owner of a business to a governmental condemning authority as part of an offer of business damages under s. 73.015 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if the owner reque…
Fla. Stat. § 73.021 Petition; contents
5.2K chars
Those having the right to exercise the power of eminent domain may file a petition therefor in the circuit court of the county wherein the property lies, which petition shall set forth:(1) The authority under which and the public use or purpose for which the property is to be acq…
Fla. Stat. § 73.031 Process; service and publication
3.7K chars
(1) Upon the filing of the petition, the clerk of the court shall issue a summons to show cause why the property should not be taken, directed “to all whom it may concern,” containing the names of all the defendants named in the petition, commanding them and any other persons cla…
Fla. Stat. § 73.032 Offer of judgment
6.4K chars
(1) This section shall provide the exclusive offer of judgment provisions for eminent domain actions.(2) The petitioner may serve a defendant with an offer of judgment no sooner than 120 days after the defendant has filed an answer and no later than 20 days prior to trial.(3) A d…
Fla. Stat. § 73.041 Acquiring or perfecting title after appropriation
0.4K chars
In any instance, where the petitioner has not acquired the title to or a necessary interest in any lands which it is using, or if at any time after an attempt to acquire such title or interest, it is found to be defective, the petitioner may proceed under this chapter to acquire …
Fla. Stat. § 73.051 Returns; defaults
0.6K chars
Any person interested in or having a lien upon the property, whether named as a defendant or not, may file his or her written defenses to the petition, as a matter of right, on or before the return date set in the notice or thereafter by leave of court. If a defendant does not fi…
Fla. Stat. § 73.0511 Prelitigation notice
0.1K chars
Prior to instituting litigation, the condemning authority shall notify the fee owners of statutory rights under s. 73.091.
Fla. Stat. § 73.061 Pretrial hearing
2.1K chars
(1) Prior to the date of trial, the court may hold a hearing, in limine, to settle all disputed matters properly before it which must be determined prior to trial. Should it appear that the causes of action joined cannot be conveniently disposed of together, the court may order s…
Fla. Stat. § 73.071 Jury trial; compensation; severance damages; business damages
8.9K chars
(1) When the action is at issue, and only upon notice and hearing to set the cause for trial, the court shall impanel a jury of 12 persons as soon as practical considering the reasonable necessities of the court and of the parties, and giving preference to the trial of eminent do…
Fla. Stat. § 73.0715 Valuation of electric utility property
0.5K chars
When any person having the right to exercise the power of eminent domain seeks the appropriation of property used for the generation, transmission, or distribution of electric energy, the jury shall determine solely the amount of compensation to be paid. Such compensation shall i…
Fla. Stat. § 73.072 Mobile home parks; compensation for permanent improvements by mobile home owners
3.4K chars
(1) When all or a portion of a mobile home park as defined in s. 723.003 is appropriated under this chapter, the condemning authority shall separately determine the compensation for any permanent improvements made to each site. This compensation shall be awarded to the mobile hom…
Fla. Stat. § 73.073 Eminent domain procedure with respect to condominium common elements
6.7K chars
(1) Any other provision of this chapter or any other provision of the Florida Statutes to the contrary notwithstanding, the procedure for the exercise of eminent domain with respect to the taking of a portion of the common elements of a condominium shall comply with the provision…
Fla. Stat. § 73.081 Form of verdict
0.6K chars
The verdict of the jury shall state an accurate description of each parcel of the property sought to be appropriated and the amount to be paid therefor, together with any damage to the remainder caused by the taking and including business damages when allowable by statute. When s…
Fla. Stat. § 73.091 Costs of the proceedings
3.0K chars
(1) The petitioner shall pay attorney’s fees as provided in s. 73.092 as well as all reasonable costs incurred in the defense of the proceedings in the circuit court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable…
Fla. Stat. § 73.092 Attorney’s fees
7.8K chars
(1) Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall award attorney’s fees based solely on the benefits achieved for the client.(a) As used in this section, the term “benefits” means the difference, exclusive of interest,…
Fla. Stat. § 73.101 Form of judgment
0.6K chars
The judgment shall recite the verdict in full and shall state that the estate or interest in the property described in the petition and sought to be appropriated by the petitioner shall vest in the petitioner upon the payment of, or securing by deposit of money, the amount found …
Fla. Stat. § 73.111 Deposit and possession
0.7K chars
Within 20 days after the rendition of the judgment, the petitioner shall deposit the amount set forth therein into the registry of the court for the use of the defendants, or the proceeding shall be null and void, unless for good cause further time, not exceeding 60 days, is allo…
Fla. Stat. § 73.121 Writs of assistance and possession
0.3K chars
Whenever the judge is satisfied that any person, whether holding under the defendant or not, is preventing or obstructing the petitioner from entering upon or taking possession of the property after the petitioner is entitled to do so, the judge may grant such writs as he or she …
Fla. Stat. § 73.131 Appeals; costs
1.8K chars
(1) Appeals in eminent domain actions shall be taken in the manner prescribed by law and in accordance with the appellate rules, except that an appeal shall not prevent appropriation of the property by the petitioner where the amount awarded by the judgment has been deposited wit…
Fla. Stat. § 73.141 Payment
1.1K chars
(1) In the event that no appeal has been taken within the time and in the manner provided by the Florida Rules of Appellate Procedure, the clerk shall pay each judgment creditor the sum necessary to satisfy the judgment from the funds on deposit, and upon order of the court shall…
Fla. Stat. § 73.151 Railroads and canal companies
1.7K chars
(1) Whenever land sought to be condemned to the use of a railroad or canal company is in the possession, under any law of this state, of another railroad or canal company which is using the same in the construction or operation of its railroad or canal, the use of no more land th…
Fla. Stat. § 73.161 Right-of-way for telephone and telegraph over railroad right-of-way
5.7K chars
(1) If any telegraph or telephone company fails to secure the consent of any railroad or railway company for the construction of its lines along and upon the right-of-way of any railroad in this state, the same may be acquired by eminent domain. If the defendant railroad or railw…