Chapter 74 — Chapter 74
11 sections in this chapter.
Fla. Stat. § 74.011 Scope
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In any eminent domain action, properly instituted by and in the name of the state; the Department of Transportation; any county, school board, municipality, expressway authority, regional water supply authority, transportation authority, flood control district, or drainage or sub…
Fla. Stat. § 74.021 Rights under this chapter; additional
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The right to take possession and title in advance of final judgment in eminent domain actions, as provided by this law, shall be in addition to any right, power or authority conferred by laws of the state under which proceedings may be conducted and shall not be construed as abro…
Fla. Stat. § 74.031 Declaration of taking; contents
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Those having the right to take possession and title in advance of the entry of final judgment in eminent domain actions, as provided by law, may file, either with the petition or at any time prior to the entry of final judgment, a declaration of taking signed by the petitioner, o…
Fla. Stat. § 74.041 Process; service and publication
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(1) Upon the filing of the declaration of taking, the clerk of the court shall issue a summons to show cause to the defendants, containing the names of all defendants named in the petition, notifying them that the petitioner will petition for an order of taking on a specified dat…
Fla. Stat. § 74.051 Hearing on order of taking
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(1) If a defendant requests a hearing pursuant to s. 74.041(3), said defendant may appear and be heard on all matters properly before the court which may be determined prior to the entry of the order of taking, including the jurisdiction of the court, the sufficiency of pleadings…
Fla. Stat. § 74.061 Vesting of title or interest sought
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Immediately upon the making of the deposit, the title or interest specified in the petition shall vest in the petitioner, and the said lands shall be deemed to be condemned and taken for the use of the petitioner, and the right to compensation for the same shall vest in the perso…
Fla. Stat. § 74.071 Paying over funds in court
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At any time, prior to the entry of final judgment, and upon motion by the proper defendants, the court may direct that the sum of money set forth in the declaration of taking be paid forthwith to such defendants from the money deposited in the registry of the court. If the compen…
Fla. Stat. § 74.081 Proceedings as evidence
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Neither the declaration of taking, nor the amount of the deposit, shall be admissible in evidence in any action.
Fla. Stat. § 74.091 Effect of failure to pay final judgment
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Where an order of taking has been entered and deposit made, the failure of the petitioner to pay into the court the compensation ascertained by the jury shall not invalidate said judgment or the title of the petitioner, and such failure shall not authorize any person to molest, i…
Fla. Stat. § 74.101 Rights of housing authority after taking
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In any action in which any housing authority created under the laws of Florida has taken or may take possession of any real property in advance of final judgment therein, and the said petitioner has become irrevocably committed to pay the amount ultimately to be awarded as compen…
Fla. Stat. § 74.111 Drainage districts and housing authorities
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In any action instituted by a drainage or subdrainage district, or housing authority wherein the petitioner seeks to avail itself of the provisions of this chapter:(1) Action under this chapter shall not be taken unless the chair or other legally constituted head of the petitioni…