Florida Statute 73.013 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.013

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 this section regarding a parcel of real property in this state, ownership or control of property acquired pursuant to such petition may not be conveyed by the condemning authority or any other entity to a natural person or private entity, by lease or otherwise, except that ownership or control of property acquired pursuant to such petition may be conveyed, by lease or otherwise, to a natural person or private entity:

(a) For use in providing common carrier services or systems;

(b)1. For use as a road or other right-of-way or means that is open to the public for transportation, whether at no charge or by toll;

2. For use in the provision of transportation-related services, business opportunities, and products pursuant to s. 338.234, on a toll road;

(c) That is a public or private utility for use in providing electricity services or systems, natural or manufactured gas services or systems, water and wastewater services or systems, stormwater or runoff services or systems, sewer services or systems, pipeline facilities, telephone services or systems, or similar services or systems;

(d) For use in providing public infrastructure;

(e) That occupies, pursuant to a lease, an incidental part of a public property or a public facility for the purpose of providing goods or services to the public;

(f) Without restriction, after public notice and competitive bidding unless otherwise provided by general law, if less than 10 years have elapsed since the condemning authority acquired title to the property and the following conditions are met:

1. The condemning authority or governmental entity holding title to the property documents that the property is no longer needed for the use or purpose for which it was acquired by the condemning authority or for which it was transferred to the current titleholder; and

2. The owner from whom the property was taken by eminent domain is given the opportunity to repurchase the property at the price that he or she received from the condemning authority;

(g) After public notice and competitive bidding unless otherwise provided by general law, if the property was owned and controlled by the condemning authority or a governmental entity for at least 10 years after the condemning authority acquired title to the property; or

(h) In accordance with subsection (2).

(2)(a) If ownership of property is conveyed to a natural person or private entity pursuant to paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e), and at least 10 years have elapsed since the condemning authority acquired title to the property, the property may subsequently be transferred, after public notice and competitive bidding unless otherwise provided by general law, to another natural person or private entity without restriction.

(b) If ownership of property is conveyed to a natural person or private entity pursuant to paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e), and less than 10 years have elapsed since the condemning authority acquired title to the property, the property may be transferred, after public notice and competitive bidding unless otherwise provided by general law, to another natural person or private entity without restriction, if the following conditions are met:

1. The current titleholder documents that the property is no longer needed for the use or purpose for which the property was transferred to the current titleholder; and

2. The owner from whom the property was taken by eminent domain is given the opportunity to repurchase the property at the price that he or she received from the condemning authority.

(3) This section does not affect the limitation on a government entity’s powers of eminent domain contained in s. 350.81(2)(j).

(4) The power of eminent domain shall be restricted as provided in this chapter and chapters 127, 163, and 166, except when the owner of a property relinquishes the property and concedes to the taking of the property in order to retain the ability to reinvest the proceeds of the sale of the property in replacement property under s. 1033 of the Internal Revenue Code.

History.—s. 1, ch. 2006-11.

F.S. 73.013 on Google Scholar

F.S. 73.013 on Casetext

Amendments to 73.013

Arrestable Offenses / Crimes under Fla. Stat. 73.013

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.013.

Annotations, Discussions, Cases:

Cases Citing Statute 73.013

Total Results: 20

Winchel v. PennyMac Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-07T00:00:00-07:00

Citation: 222 So. 3d 639, 2017 WL 2882711, 2017 Fla. App. LEXIS 9697

Snippet: and as its officer. Cf. Burns v. Burns, 153 Fla. 73, 13 So.2d 599, 602 (1943) (describing a special master

RB v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2008-12-29T23:53:00-08:00

Citation: 997 So. 2d 1216

Snippet: the acknowledgement. See Burns v. Burns, 153 Fla. 73, 13 So.2d 599, 602 (1943) (a master is an officer of

City of Hollywood Community Redevelopment Agency v. 1843, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-26T00:00:00-07:00

Citation: 980 So. 2d 1138, 2008 Fla. App. LEXIS 4357, 2008 WL 782614

Snippet: utilities, and transportation-related services. § 73.013, Fla. Stat. (2006); see also Hipler, 81 Fla. B.

Sutton v. Ashcraft

Court: Fla. Dist. Ct. App. | Date Filed: 1996-04-12T00:53:00-07:00

Citation: 671 So. 2d 301

Snippet: ______ $ 5,422.23 costs $366.50 = $592.73 $13,682.46 divided by $25,000.00

Wright v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-10-14T00:00:00-07:00

Citation: 532 So. 2d 73, 13 Fla. L. Weekly 2335, 1988 Fla. App. LEXIS 4581, 1988 WL 106309

Snippet: Booth, Shivers, Thompson 14 October 1988 532 So. 2d 73, 13 Fla. L. Weekly 2335, 1988 Fla. App. LEXIS 4581,

Florida Bar v. Silverman

Court: Fla. | Date Filed: 1988-06-23T00:00:00-07:00

Citation: 526 So. 2d 73, 13 Fla. L. Weekly 407, 1988 Fla. LEXIS 722, 1988 WL 63443

Snippet: McDonald, Overton, Shaw 23 June 1988 526 So. 2d 73, 13 Fla. L. Weekly 407, 1988 Fla. LEXIS 722, 1988 WL

State v. H.M. Bowness Oil, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-02-25T00:00:00-08:00

Citation: 522 So. 2d 73, 13 Fla. L. Weekly 515, 1988 Fla. App. LEXIS 614, 1988 WL 13053

Snippet: , Dauksch, Orfinger 25 February 1988 522 So. 2d 73, 13 Fla. L. Weekly 515, 1988 Fla. App. LEXIS 614, 1988

Filmore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-01-28T00:00:00-08:00

Citation: 519 So. 2d 73, 13 Fla. L. Weekly 287, 1988 Fla. App. LEXIS 929, 1988 WL 4536

Snippet: Cobb, Cowart, Dauksch 28 January 1988 519 So. 2d 73, 13 Fla. L. Weekly 287, 1988 Fla. App. LEXIS 929, 1988

Waszkowski v. Waszkowski

Court: Fla. Dist. Ct. App. | Date Filed: 1979-02-26T23:53:00-08:00

Citation: 367 So. 2d 1113

Snippet: that matter is a nullity. Burns v. Burns, 153 Fla. 73, 13 So.2d 599 (1943); White v. Walker, 5 Fla. 478,

DeHart v. DeHart

Court: Fla. Dist. Ct. App. | Date Filed: 1978-06-28T00:53:00-07:00

Citation: 360 So. 2d 1285

Snippet: equitable judgment. See Burns v. Burns, 153 Fla. 73, 13 So.2d 599 (1943). Affirmed in part, reversed in

Mullins v. Mullins

Court: Fla. Dist. Ct. App. | Date Filed: 1976-11-18T23:53:00-08:00

Citation: 342 So. 2d 83

Snippet: 727, 190 So. 5 (1939); Burns v. Burns, 153 Fla. 73, 13 So.2d 599 (1943); Belcher v. Belcher, 307 So.2d

Kalmutz v. Kalmutz

Court: Fla. Dist. Ct. App. | Date Filed: 1974-07-26T00:53:00-07:00

Citation: 299 So. 2d 30

Snippet: , as we held in Burns v. Burns, supra, 153 Fla. 73, 13 So.2d 599, advisory. Federal Equity Practice, Street

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-05-14T00:53:00-07:00

Snippet: information is likely. Attorney General Opinion 073-13. See also s. 112.313(5), which prohibits public

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-01-14T00:53:00-07:00

Snippet: of his official position." As noted in AGO 073-13, this particular provision of the law "appears

Zilbert v. Zilbert

Court: Fla. Dist. Ct. App. | Date Filed: 1973-12-20T23:53:00-08:00

Citation: 287 So. 2d 100

Snippet: , 14 So.2d 712 (1943); Burns v. Burns, 153 Fla. 73, 13 So.2d 599 (1943). In a majority of the cases no

State Ex Rel. Shevin v. Turner

Court: Fla. Dist. Ct. App. | Date Filed: 1973-11-22T23:53:00-08:00

Citation: 285 So. 2d 623

Snippet: W. TURNER, Individually, et al., Appellees. No. 73-13. District Court of Appeal of Florida, Fourth District…the state's second amended complaint. 73-13 District Court of Appeal of Florida fladistctapp

Elferdink v. Wallace

Court: Fla. Dist. Ct. App. | Date Filed: 1973-04-11T00:00:00-08:00

Citation: 275 So. 2d 337, 1973 Fla. App. LEXIS 10157

Snippet: Appeal dismissed. No. 73-13 District Court of Appeal of Florida fladistctapp Fla. Dist

Yelvington v. Denmark

Court: Fla. Dist. Ct. App. | Date Filed: 1973-04-03T00:00:00-08:00

Citation: 276 So. 2d 557, 1973 Fla. App. LEXIS 9952

Snippet: PER CURIAM. Affirmed. No. 73-13 District Court of Appeal of Florida fladistctapp Fla

Koenig v. Watsco, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1972-02-29T00:00:00-08:00

Citation: 261 So. 2d 851, 1972 Fla. App. LEXIS 6903

Snippet: is a nullity. See also: Burns v. Burns, 153 Fla. 73, 13 So.2d 599, 602. Therefore, for the reasons stated

Toth v. Toth

Court: Fla. Dist. Ct. App. | Date Filed: 1969-11-25T00:00:00-08:00

Citation: 228 So. 2d 295, 1969 Fla. App. LEXIS 4938

Snippet: Fla.1949, 40 So.2d 209; Burns v. Burns, 153 Fla. 73, 13 So.2d 599 (1943); Steele v. Steele, Fla.App.1965