66.061

Betterment, trial and verdict.

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66.061 Betterment, trial and verdict.—If an answer is filed, trial shall be on the issues made. If no answer is filed, trial shall be ex parte, but defendant is required to prove every allegation of the petition. If the jury (or if a jury is waived, the court) finds in favor of defendant, it shall assess:

(1) The value of the land at the time of the assessment, irrespective of the improvements put upon the land by defendant or those under whom he or she derives, and if any, the injury done to the land by defendant or those under whom he or she derives.

(2) The value of the permanent improvements at the time of the assessment.

(3) The injury, if any, done to the land by defendant or those under whom he or she derives.

(4) The value of the use of the land by defendant between the time of the judgment in ejectment and the time of the assessment or if defendant has been evicted from or has surrendered the premises, from the time of the judgment to the time of the surrender or eviction. The findings shall be specified separately on each of these matters.

History.—RS 1518; GS 1973; RGS 3241; CGL 5049; s. 2, ch. 29737, 1955; s. 21, ch. 67-254; s. 350, ch. 95-147.

Note.—Former s. 70.08.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1983–2023 · leading case: Centennial Homeowners Assn. v. Dolomite Co.

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Centennial Homeowners Assn. v. Dolomite Co. (2010) fladistctapp · cites it 8× “§ 66.061, Fla. Stat. (2009). Then, Centennial would "again have the privilege of paying to [Dolomite] in cash the value of the land assessed," thus gaining title to the land, and Dolomite would be required to "give [Centennial] a deed to the land .”

Seddon v. Harpster (1983) fladistctapp · cites it 2× “051, Florida Statutes (1981), allows the plaintiff in the judgment of eviction to file written defenses to the petition for betterment within twenty days after service of the petition and section 66.061, Florida Statutes (1981), provides for trial on the issues made.”

Brown v. Davis (1986) fladistctapp · cites it 2× “Appellee Davis responded and counterclaimed, seeking in the alternative: (1) an equitable exchange of the two tracts; (2) “betterment,” pursuant to section 66.061, Florida Statutes; (3) an equitable lien against Brown’s property; or (4) removal of the home from Brown’s property.”

Brown v. Davis (1987) fla · cites it 2× “Davis responded and counterclaimed, seeking either 1) an equitable exchange of the tracts; 2) “betterment” pursuant to section 66.061, Florida Statutes; 3) an equitable lien against Brown’s property; or 4) removal of the home from Brown’s property.”

Singhal v. Unison Agreement Corp. (2023) flsd · cites it 2× “8, 2015) (citing § 66.061, Fla. Stat.). The complaint must “allege sufficient facts to present a [justiciable] matter to a court of competent jurisdiction.”

— 66.061(2) — 1 case

Centennial Homeowners Assn. v. Dolomite Co. (2010) fladistctapp “§ 66.061, Fla. Stat. (2009). Then, Centennial would "again have the privilege of paying to [Dolomite] in cash the value of the land assessed," thus gaining title to the land, and Dolomite would be required to "give [Centennial] a deed to the land .”

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