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: District Court of Appeal of Florida | Date Filed: 2017-07-07

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: District Court of Appeal of Florida | Date Filed: 2008-12-30

Citation: 997 So. 2d 1216, 2008 WL 5422870

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: District Court of Appeal of Florida | Date Filed: 2008-03-26

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: District Court of Appeal of Florida | Date Filed: 1996-04-12

Citation: 671 So. 2d 301, 1996 WL 170188

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

Waszkowski v. Waszkowski

Court: District Court of Appeal of Florida | Date Filed: 1979-02-27

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: District Court of Appeal of Florida | Date Filed: 1978-06-28

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: District Court of Appeal of Florida | Date Filed: 1976-11-19

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: District Court of Appeal of Florida | Date Filed: 1974-07-26

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: Florida Attorney General Reports | Date Filed: 1974-05-14

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-01-14

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

Zilbert v. Zilbert

Court: District Court of Appeal of Florida | Date Filed: 1973-12-21

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: District Court of Appeal of Florida | Date Filed: 1973-11-23

Citation: 285 So. 2d 623

Snippet: W. TURNER, Individually, et al., Appellees. No. 73-13. District Court of Appeal of Florida, Fourth District

Elferdink v. Wallace

Court: District Court of Appeal of Florida | Date Filed: 1973-04-11

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

Snippet: Appeal dismissed.

Yelvington v. Denmark

Court: District Court of Appeal of Florida | Date Filed: 1973-04-03

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

Snippet: PER CURIAM. Affirmed.

Koenig v. Watsco, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1972-02-29

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: District Court of Appeal of Florida | Date Filed: 1969-11-25

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

Georgia Southern & Florida Railway Co. v. Duval Connecting Railroad

Court: District Court of Appeal of Florida | Date Filed: 1966-11-08

Citation: 193 So. 2d 19, 1966 Fla. App. LEXIS 4698

Snippet: not operate as a supersedeas in view of F.S. §§ 73.13 and 73.14, F.S.A. As to the first of these contentions

Steele v. Steele

Court: District Court of Appeal of Florida | Date Filed: 1965-08-03

Citation: 177 So. 2d 873

Snippet: the rule laid down in Burns v. Burns, 153 Fla. 73, 13 So.2d 599. See Martin v. Martin, Fla. App.1957

McKim v. McNayr

Court: District Court of Appeal of Florida | Date Filed: 1964-09-22

Citation: 168 So. 2d 78, 1964 Fla. App. LEXIS 3715

Snippet: the County Manager. See: Burns v. Burns, 153 Fla. 73, 13 So.2d 599; Harmon v. Harmon, Fla.1949, 40 So.2d

Petersen v. Petersen

Court: District Court of Appeal of Florida | Date Filed: 1964-07-22

Citation: 166 So. 2d 631, 1964 Fla. App. LEXIS 4011

Snippet: decision of this court in Burns v. Burns, 153 Fla. 73, 13 So.2d 599, where Mr. Justice Brown, writing for