73.021
Petition; contents.
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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.
Notes of Decisions
Cited in 42
cases, 1967–2019 · leading case: Tosohatchee Game Pres. v. Central & So. Fla. Fl. CD
Tosohatchee Game Pres. v. Central & So. Fla. Fl. CD (1972)
“The requirements for a petition in condemnation are enumerated in Fla. Stat. § 73.021 , F.S.A. In pertinent part, that statute provides: "73.”
Dade County v. General Waterworks Corporation (1972)
“[1] Thereupon the County on July 17, 1969, filed a petition in the Circuit Court pursuant to Fla. Stat. § 73.021 , F.S.A., seeking to condemn all the corporate stock of the named corporations.”
Canal Authority v. Miller (1970)
“Fla. Stat. § 73.021 (1969): "Those having the right to exercise the power of eminent domain may file a petition therefore in the circuit court of the county wherein the property lies, which petition shall set forth: "(1) * * * the property is necessary for that use;" As this…”
Kirton v. Fields (2008)
“807(2)(a) (termination of parental rights proceedings); § 73.021(4) (eminent domain proceedings); § 390.”
Dade County v. Paxson (1972)
“We paraphrase these arguments as: (1) the county failed to plead and prove that a survey was made of the line of construction for the parcels involved pursuant to the requirements of Fla. Stat. § 73.021 (5), F.S.A.; (2) The county failed in showing the public necessity for the…”
Clark v. Gulf Power Company (1967)
“[3] Section 73.021, Florida Statutes, F.S.A., requires that the petition in eminent domain set forth the use for which the property is to be acquired and that the property is necessary for that use.”
Seadade Industries, Inc. v. Florida Power & Light Co. (1971)
“Subsequently, a petition in condemnation was filed under Fla. Stat. § 73.021 (1), F.S.A., setting forth the Utility's authority, the use of the property to be condemned, and the necessity of the use; the petition included the statement of good faith intention to construct the…”
FLA. DEPT. OF AGR. AND CONSUMER SERVICES v. City of Pompano Beach (2002)
“We hold, therefore, that when a property owner sues to compel compliance with Chapter 73, the venue provision, section 73.021, applies. This decision is also in line with the general venue statute, section 47.”
Pinellas County v. Baldwin (2012)
“In accordance with section 73.021, Florida Statutes (2010), a petition for eminent domain must be filed "in the circuit court of the county wherein the property lies.”
Brevard County v. Ramsey (1995)
“See also § 73.021(4), Fla. Stat. (1993) ("if a trust estate, the trustee shall be made a defendant without joining the cestui que trust.”
Florida East Coast Railway Co. v. City of Miami (1977)
“FEC first contends that the trial court lacked jurisdiction over this cause because the City’s amended petition of January 23, 1975 fails to show the adoption of a proper resolution authorizing the action prior to the filing of the January 1976 petition and this jurisdictional…”
TMRMC v. Petersen (2006)
“In eminent domain proceedings, section 73.021(4), Florida Statutes (2004), permits the court to appoint a guardian ad litem for defendants who are infants or are under other legal disabilities.”
— 73.021(1) — 5 cases
Katz v. Dade County (1979)
Rawls v. Leon County (2008)
— 73.021(2) — 1 case
— 73.021(4) — 5 cases
Kirton v. Fields (2008)
“807(2)(a) (termination of parental rights proceedings); § 73.021(4) (eminent domain proceedings); § 390.”
Brevard County v. Ramsey (1995)
“See also § 73.021(4), Fla. Stat. (1993) ("if a trust estate, the trustee shall be made a defendant without joining the cestui que trust.”
TMRMC v. Petersen (2006)
“In eminent domain proceedings, section 73.021(4), Florida Statutes (2004), permits the court to appoint a guardian ad litem for defendants who are infants or are under other legal disabilities.”
Gomez v. Fradin (2016)
— 73.021(5) — 2 cases
Dade County v. Paxson (1972)
“We paraphrase these arguments as: (1) the county failed to plead and prove that a survey was made of the line of construction for the parcels involved pursuant to the requirements of Fla. Stat. § 73.021 (5), F.S.A.; (2) The county failed in showing the public necessity for the…”
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