Florida Statute 73.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.021

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 necessary for that public use or purpose;

(2) A description identifying the property sought to be acquired. The petitioners may join in the same action all properties involved in a planned project whether in the same or different ownership, or whether or not the property is sought for the same use;

(3) The estate or interest in the property which the petitioner intends to acquire;

(4) The names, places of residence, legal disabilities, if any, and interests in the property of all owners, lessees, mortgagees, judgment creditors, and lienholders, so far as ascertainable by diligent search, and all unknown persons having an interest in the property when the petitioner has been unable to ascertain the identity of such persons by diligent search and inquiry. If any interest in the property, or lien thereon, belongs to the unsettled estate of a decedent, the executor or administrator shall be made a defendant without joining the devisee or heir; if a trust estate, the trustee shall be made a defendant without joining the cestui que trust. The court may appoint an administrator ad litem to represent the estate of a deceased person whose estate is not being administered, and a guardian ad litem for all defendants who are infants or are under other legal disabilities; and for defendants whose names or addresses are unknown. A copy of the order of appointment shall be served on the guardian ad litem at least 10 days before trial unless he or she has entered an appearance;

(5) Whether any mobile home is located on the property sought to be acquired and, if so, whether the removal of that mobile home will be required. If such removal shall be required, the petition shall name the owners of each such mobile home as defendants. This subsection shall not apply to any governmental authority exercising its power of eminent domain when reasonable relocation or removal expenses must be paid to mobile home owners under other provisions of law or agency rule applicable to such exercise of power;

(6) A statement that the petitioner has surveyed and located its line or area of construction, and intends in good faith to construct the project on or over the described property; and

(7) A demand for relief that the property be condemned and taken for the uses and purposes set forth in the petition, and that the interest sought be vested in the petitioner.

History.—s. 1, ch. 65-369; s. 2, ch. 77-51; s. 358, ch. 95-147; s. 3, ch. 2006-11.

F.S. 73.021 on Google Scholar

F.S. 73.021 on Casetext

Amendments to 73.021

Arrestable Offenses / Crimes under Fla. Stat. 73.021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.021.

Annotations, Discussions, Cases:

Cases Citing Statute 73.021

Total Results: 20

Leon County, Florida v. Lakeshore Gardens Homeowners' Association, Inc., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-27T23:53:00-08:00

Snippet: individual property owner as specified in section 73.021, Florida Statutes. In granting the association’… in the affected area, as prescribed by section 73.021(4), Florida Statutes. We grant Leon County…certiorari. Despite the general directions in section 73.021(4) for naming indispensable parties, section 720.303

Lynwood and Myrtle Viverette v. State of Florida Department of Transportation and Robert McCarthy

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-06T00:00:00-07:00

Citation: 227 So. 3d 1274

Snippet: compensation.” Art. X, § 6(a), Fla. Const. Section 73.021, Florida Statutes (2016), provides in pertinent…property sought to be acquired .... Section 73.021 “must be strictly construed in favor of the landowner…, the Florida Supreme Court interpreted section 73.021 as requiring that “a petition in condemnation must…or whether the pleading requirements of section 73.021 aré jurisdictional. If the latter were true, the… hold that the pleading requirements of section 73.021 are not jurisdictional insofar as a pleading defect

Gomez v. Fradin

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-14T00:00:00-07:00

Citation: 199 So. 3d 554, 2016 Fla. App. LEXIS 13809, 2016 WL 4916852

Snippet: where an estate is not being administered. See § 73.021(4), Fla. Stat. (2016). Neither of these would provide

Teitelbaum v. South Florida Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-30T00:00:00-07:00

Citation: 176 So. 3d 998, 2015 Fla. App. LEXIS 14478

Snippet: state entity files a petition of condemnation, § 73.021, Fla. Stat. (2004), a twelve-person jury determines

Teitelbaum v. South Fl Water Management

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-24T00:53:00-07:00

Snippet: state entity files a petition of condemnation, § 73.021, Fla. Stat. (2004), a twelve-person jury determines

Pinellas County v. Baldwin

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-20T00:00:00-08:00

Citation: 80 So. 3d 366, 2012 Fla. App. LEXIS 667, 2012 WL 163912

Snippet: theories for relief. [3] In accordance with section 73.021, Florida Statutes (2010), a petition for eminent…compliance with Chapter 73, the venue provision, section 73.021, applies"). 2D11-2774 District

Calhoun, Dreggors & Associates v. Volusia County

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-31T00:00:00-08:00

Citation: 26 So. 3d 624, 2009 Fla. App. LEXIS 20533, 2009 WL 5150087

Snippet: subsequent pleadings as "the petitioner." § 73.021, Fla. Stat. (2008). Describing the party responsible

Kirton v. Fields

Court: Fla. | Date Filed: 2008-12-10T23:53:00-08:00

Citation: 997 So. 2d 349

Snippet: (termination of parental rights proceedings); § 73.021(4) (eminent domain proceedings); § 390.01115(4)

CHRISTIAN ROMANY CHURCH v. Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-09T00:00:00-07:00

Citation: 980 So. 2d 1164

Snippet: decision of the trial court."). See generally § 73.021, Fla. Stat. (2006) (requiring that the contemplated

Rawls v. Leon County

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-13T00:00:00-08:00

Citation: 974 So. 2d 543, 2008 Fla. App. LEXIS 1966, 2008 WL 373620

Snippet: use or project proposed by that authority. See § 73.021(1), Fla. Stat. (2007). “Necessity,” however, in

TMRMC v. Petersen

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-16T23:53:00-08:00

Citation: 920 So. 2d 75

Snippet: involved. In eminent domain proceedings, section 73.021(4), Florida Statutes (2004), permits the court

City of Hallandale Beach v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-30T00:00:00-07:00

Citation: 853 So. 2d 495, 2003 Fla. App. LEXIS 11702, 2003 WL 21749525

Snippet: of the county where the property is situated. § 73.021, Fla. Stat. The parties do not dispute that the…petition in eminent domain, as defined by section 73.021 ... must be strictly complied with for a valid

FLA. DEPT. OF AGR. AND CONSUMER SERVICES v. City of Pompano Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-25T00:53:00-07:00

Citation: 829 So. 2d 928

Snippet: compliance with Chapter 73, the venue provision, section 73.021, applies. This decision is also in line with the

DEPT. OF ENVIRON. PROTECTION v. Gibbins

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-13T00:53:00-07:00

Citation: 696 So. 2d 888

Snippet: the content of eminent domain petitions. See §§ 73.021(1)-(7), Fla. Stat. (1993). Nothing short of a petition…petition in eminent domain, as defined by section 73.021 ..., must be strictly complied with for a valid

Basic Energy Corp. v. Hamilton County

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-28T00:00:00-07:00

Citation: 667 So. 2d 249, 1995 Fla. App. LEXIS 9030, 1995 WL 504819

Snippet: cause, to which the city responded. . Section 73.021, Fla.Stat., requires that the petition state, among

Brevard County v. Ramsey

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-11T00:00:00-07:00

Citation: 658 So. 2d 1190, 1995 WL 471654

Snippet: § 5.10 (rev. 3d ed. 1995) (Sackman). See also § 73.021(4), Fla. Stat. (1993) ("if a trust estate,

Sarasota County v. Ex

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-03T00:53:00-07:00

Citation: 645 So. 2d 7

Snippet: to obtain title to property for a public use. § 73.021, Fla. Stat. (1993). In exchange for a judgment

City of Ocala v. Red Oak Farm, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-25T00:00:00-08:00

Citation: 636 So. 2d 81, 1994 Fla. App. LEXIS 2705, 1994 WL 94192

Snippet: petition in eminent domain, as defined by section 73.021,2 Florida Statutes (1991), must be strictly complied…and the territory to be included ... . Section 73.021, Florida Statutes (1991) provides in part: Petition

Owens v. Jackson

Court: Fla. Dist. Ct. App. | Date Filed: 1986-08-20T00:00:00-07:00

Citation: 493 So. 2d 507, 11 Fla. L. Weekly 1828, 1986 Fla. App. LEXIS 9466

Snippet: 334 So.2d 11 (Fla.1976), determined that Chapter 73-21, Laws of Florida (sometimes referred to as the “

Walker v. Florida Gas Transmission Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-07-31T00:00:00-07:00

Citation: 491 So. 2d 1286, 11 Fla. L. Weekly 1656, 1986 Fla. App. LEXIS 9173

Snippet: description of the property to be acquired, Section 73.021(2), Florida Statutes (1983); and contain the nature