Florida Statutes Title VI Chapter 73 - Eminent Domain

• 73.012 - Procedure.
  Actions in eminent domain shall be governed by the rules of civil procedure and the appellate rules unless otherwise provided by this chapter.History.—s. 1, ch.
• 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.
  (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....
• 73.014 - Taking Property To Eliminate Nuisance, Slum, Or Blight Conditions Prohibited.
  (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),...
• 73.015 - Presuit Negotiation.
  (1) Effective July 1, 2000, before an eminent domain proceeding is brought under this chapter or chapter 74, the condemning authority must attempt to negotiate in...
• 73.0155 - Confidentiality; Business Information Provided To A Governmental Condemning Authority.
  (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...
• 73.021 - Petition; Contents.
  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...
• 73.031 - Process; Service And Publication.
  (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,...
• 73.032 - Offer Of Judgment.
  (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...
• 73.041 - Acquiring Or Perfecting Title After Appropriation.
  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...
• 73.051 - Returns; Defaults.
  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...
• 73.0511 - Prelitigation Notice.
  Prior to instituting litigation, the condemning authority shall notify the fee owners of statutory rights under s. 73.091.History.—s. 1, ch. 87-148.
• 73.061 - Pretrial Hearing.
  (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...
• 73.071 - Jury Trial; Compensation; Severance Damages; Business Damages.
  (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...
• 73.0715 - Valuation Of Electric Utility Property.
  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...
• 73.072 - Mobile Home Parks; Compensation For Permanent Improvements By Mobile Home Owners.
  (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...
• 73.073 - Eminent Domain Procedure With Respect To Condominium Common Elements.
  (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...
• 73.081 - Form Of Verdict.
  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...
• 73.091 - Costs Of The Proceedings.
  (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...
• 73.092 - Attorney’s Fees.
  (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...
• 73.101 - Form Of Judgment.
  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...
• 73.111 - Deposit And Possession.
  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...
• 73.121 - Writs Of Assistance And Possession.
  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...
• 73.131 - Appeals; Costs.
  (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...
• 73.141 - Payment.
  (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...
• 73.151 - Railroads And Canal Companies.
  (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,...
• 73.161 - Right-of-way For Telephone And Telegraph Over Railroad Right-of-way.
  (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...

Last modified: September 23, 2016