Fla. Stat. § 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.
Florida Statutes Chapter 73 — EMINENT DOMAIN
Florida · statute · Fla. Stat. ch. 73 · 26 active provisions
Provisions
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
(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 condemnation on or after the effective date of…
Fla. Stat. § 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), or any other entity to which the power of eminent domain is delegated may not exercise the power of eminent domain to take private property…
Fla. Stat. § 73.015
Presuit negotiation
(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 appraisal upon which the offer is based,…
Fla. Stat. § 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 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 requests in writing that the business informa…
Fla. Stat. § 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 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 acquired, and that the property is necessar…
Fla. Stat. § 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, directed “to all whom it may concern,” containing the names of all the defendants named in the petition, commanding them and any other persons claiming any interest in the property descr…
Fla. Stat. § 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 sooner than 120 days after the defendant has filed an answer and no later than 20 days prior to trial.(3) A defendant may make an offer to have judgm…
Fla. Stat. § 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 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 or perfect such title or interest; provi…
Fla. Stat. § 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 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 file his or her defenses on or before the…
Fla. Stat. § 73.0511
Prelitigation notice
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
(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 separate trials; provided, however, that…
Fla. Stat. § 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 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 domain cases over other civil actions, and…
Fla. Stat. § 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 of electric energy, the jury shall determine solely the amount of compensation to be paid. Such compensation shall include the reproduction cost of the prop…
Fla. Stat. § 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 determine the compensation for any permanent improvements made to each site. This compensation shall be awarded to the mobile home owner leasing the site if:(a) The effe…
Fla. Stat. § 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 domain with respect to the taking of a portion of the common elements of a condominium shall comply with the provisions of this section.(2) With respect to th…
Fla. Stat. § 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 paid therefor, together with any damage to the remainder caused by the taking and including business damages when allowable by statute. When severance damages, business damages, movi…
Fla. Stat. § 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 the circuit court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant’s fee, to be assessed by tha…
Fla. Stat. § 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 achieved for the client.(a) As used in this section, the term “benefits” means the difference, exclusive of interest, between the final judgment or settlemen…
Fla. Stat. § 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 to be appropriated by the petitioner shall vest in the petitioner upon the payment of, or securing by deposit of money, the amount found by the verdict of the jury. Where there…
Fla. Stat. § 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 the use of the defendants, or the proceeding shall be null and void, unless for good cause further time, not exceeding 60 days, is allowed by the court. Upon such deposit and…
Fla. Stat. § 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 taking possession of the property after the petitioner is entitled to do so, the judge may grant such writs as he or she may think necessary, or the judge may pr…
Fla. Stat. § 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 shall not prevent appropriation of the property by the petitioner where the amount awarded by the judgment has been deposited with the court as aforesaid. If, at any tim…
Fla. Stat. § 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 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 refund to the petitioner all the funds…
Fla. Stat. § 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, 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 than is necessary to furnish to the petiti…
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