Florida Statute 73.21 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 73.021

Annotations, Discussions, Cases:

Cases Citing Statute 73.021

Total Results: 42

Kirton v. Fields

997 So. 2d 349, 2008 WL 5170603

Supreme Court of Florida | Filed: Dec 11, 2008 | Docket: 1720571

Cited 29 times | Published

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

Canal Authority v. Miller

243 So. 2d 131

Supreme Court of Florida | Filed: Dec 16, 1970 | Docket: 1527885

Cited 25 times | Published

defense to allege a lack of necessity. Fla. Stat. § 73.021 (1969): "Those having the right to exercise the

Brevard County v. Ramsey

658 So. 2d 1190, 1995 WL 471654

District Court of Appeal of Florida | Filed: Aug 11, 1995 | Docket: 1525105

Cited 18 times | Published

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

Dade County v. General Waterworks Corporation

267 So. 2d 633

Supreme Court of Florida | Filed: Jul 20, 1972 | Docket: 351732

Cited 17 times | Published

petition in the Circuit Court pursuant to Fla. Stat. § 73.021, F.S.A., seeking to condemn all the corporate

Tosohatchee Game Pres. v. Central & So. Fla. Fl. CD

265 So. 2d 681

Supreme Court of Florida | Filed: Jul 26, 1972 | Docket: 1394611

Cited 12 times | Published

the power of eminent domain are set forth in Section 73.021, Florida Statutes, F.S.A. A review of the petition

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

829 So. 2d 928, 2002 WL 31115264

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1454226

Cited 10 times | Published

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

Florida East Coast Ry. Co. v. Broward Cty.

421 So. 2d 681

District Court of Appeal of Florida | Filed: Nov 3, 1982 | Docket: 1719324

Cited 9 times | Published

particular right or estate in ... property." Section 73.021 requires that a petition for eminent domain

Clark v. Gulf Power Company

198 So. 2d 368

District Court of Appeal of Florida | Filed: Apr 20, 1967 | Docket: 1354521

Cited 9 times | Published

strict compliance of the law is required.[3] Section 73.021, Florida Statutes, F.S.A., requires that the

Seadade Industries, Inc. v. Florida Power & Light Co.

245 So. 2d 209, 2 ERC 1223, 1 Envtl. L. Rep. (Envtl. Law Inst.) 20214, 47 A.L.R. 3d 1255, 2 ERC (BNA) 1223, 1971 Fla. LEXIS 3956

Supreme Court of Florida | Filed: Feb 3, 1971 | Docket: 1356235

Cited 8 times | Published

petition in condemnation was filed under Fla. Stat. § 73.021(1), F.S.A., setting forth the Utility's authority

Kirkpatrick v. City of Jacksonville

312 So. 2d 487

District Court of Appeal of Florida | Filed: May 12, 1975 | Docket: 1734472

Cited 7 times | Published

property is necessary for a public purpose (see § 73.021(1) and 73.051, Florida Statutes), he is deemed

Dade County v. Paxson

270 So. 2d 455

District Court of Appeal of Florida | Filed: Dec 12, 1972 | Docket: 1688603

Cited 6 times | Published

involved pursuant to the requirements of Fla. Stat. § 73.021(5), F.S.A.; (2) The county failed in showing the

Gomez v. Fradin

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

District Court of Appeal of Florida | Filed: Sep 14, 2016 | Docket: 60256641

Cited 4 times | Published

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

Pinellas County v. Baldwin

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

District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 2529720

Cited 4 times | Published

theories for relief. [3] In accordance with section 73.021, Florida Statutes (2010), a petition for eminent

City of Lakeland v. Bunch

293 So. 2d 66

Supreme Court of Florida | Filed: Apr 3, 1974 | Docket: 1754525

Cited 4 times | Published

sought to be appropriated." In addition, Fla. Stat. § 73.021 F.S.A., requires that in the petition for condemnation

TMRMC v. Petersen

920 So. 2d 75

District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609

Cited 3 times | Published

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

Sarasota County v. Ex

645 So. 2d 7, 1994 WL 397617

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 1654521

Cited 3 times | Published

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

Gulf Power Company v. Stack

296 So. 2d 572

District Court of Appeal of Florida | Filed: Jul 25, 1974 | Docket: 1754659

Cited 3 times | Published

jurisdictional requirements.[1] To explain: Section 73.021, F.S.A., provides, in its here salient features

CHRISTIAN ROMANY CHURCH v. Broward County

980 So. 2d 1164, 2008 WL 942565

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1736137

Cited 2 times | Published

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

DEPT. OF ENVIRON. PROTECTION v. Gibbins

696 So. 2d 888, 1997 WL 317044

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 1326001

Cited 2 times | Published

a petition in eminent domain, as defined by section 73.021 ..., must be strictly complied with for a valid

Seadade Industries, Inc. v. Florida Power & Light Co.

232 So. 2d 46, 1 ERC 1146, 1 ERC (BNA) 1146, 1970 Fla. App. LEXIS 6756

District Court of Appeal of Florida | Filed: Feb 18, 1970 | Docket: 1229952

Cited 2 times | Published

store and dispose of this excavated material. § 73.021, Fla. Stat., F.S.A. We find a departure from the

United States v. Xiulu Ruan

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2020 | Docket: 17338219

Published

Ala. Code § 20-2-210; see also Miss. Code Ann. § 73-21-127; Fla. Stat. § 893.055(2)(a). Each doctor or

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

265 So. 3d 706

District Court of Appeal of Florida | Filed: Feb 28, 2019 | Docket: 14573447

Published

each individual property owner as specified in section 73.021, Florida Statutes. In granting the association’s

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

227 So. 3d 1274, 2017 WL 4448519

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165237

Published

compensation.” Art. X, § 6(a), Fla. Const. Section 73.021, Florida Statutes (2016), provides in pertinent

Teitelbaum v. South Florida Water Management District

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

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863179

Published

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

Teitelbaum v. South Fl Water Management

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2667768

Published

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

Calhoun, Dreggors & Associates v. Volusia County

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

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 2410512

Published

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

Rawls v. Leon County

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

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 64853906

Published

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

City of Hallandale Beach v. Smith

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

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 64824711

Published

of the county where the property is situated. § 73.021, Fla. Stat. The parties do not dispute that the

Basic Energy Corp. v. Hamilton County

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

District Court of Appeal of Florida | Filed: Aug 28, 1995 | Docket: 64761929

Published

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

City of Ocala v. Red Oak Farm, Inc.

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

District Court of Appeal of Florida | Filed: Mar 25, 1994 | Docket: 64748127

Published

a petition in eminent domain, as defined by section 73.021,2 Florida Statutes (1991), must be strictly

Walker v. Florida Gas Transmission Co.

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

District Court of Appeal of Florida | Filed: Jul 31, 1986 | Docket: 64620841

Published

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

Canal Authority of the State v. Harbond, Inc.

433 So. 2d 1345, 1983 Fla. App. LEXIS 20847

District Court of Appeal of Florida | Filed: Jul 7, 1983 | Docket: 64598074

Published

taking was put in issue, as is required by section 73.021(1), Florida Statutes (1981), and this issue

Katz v. Dade County

367 So. 2d 277, 1979 Fla. App. LEXIS 14447

District Court of Appeal of Florida | Filed: Feb 13, 1979 | Docket: 64568443

Published

property is to be acquired . . ” as required by § 73.021(1), Fla.Stat. (1975): “The specific property,

Florida East Coast Railway Co. v. City of Miami

346 So. 2d 621, 1977 Fla. App. LEXIS 16057

District Court of Appeal of Florida | Filed: May 31, 1977 | Docket: 64558891

Published

initiation of eminent domain proceedings. See Section 73.021, Florida Statutes (1975); Tosohatchee Game

Central & Southern Florida Flood Control District v. Tosohatchee Game Preserve, Inc.

248 So. 2d 193, 1971 Fla. App. LEXIS 6480

District Court of Appeal of Florida | Filed: Apr 23, 1971 | Docket: 64520462

Published

the power of eminent domain are set forth in Section 73.021, Florida Statutes, F.S.A. A review of the petition

Chalmers v. Florida Power & Light Co.

245 So. 2d 285, 1971 Fla. App. LEXIS 6900

District Court of Appeal of Florida | Filed: Mar 12, 1971 | Docket: 64519290

Published

needed in their business through eminent domain. Section 73.021 provides that a petition in condemnation “shall

City of Miami Beach v. Cummings

233 So. 2d 842, 1970 Fla. App. LEXIS 6730

District Court of Appeal of Florida | Filed: Apr 14, 1970 | Docket: 64514061

Published

petition for condemnation and in the case sub judice. § 73.021, Fla.Stat., F.S.A., requires that a condemning

City of Miami Beach v. Manilow

232 So. 2d 759, 1970 Fla. App. LEXIS 6855

District Court of Appeal of Florida | Filed: Mar 3, 1970 | Docket: 64513656

Published

described property” as alleged in the petition. § 73.021(5), Fla.Stat, F.S.A., requires that a petition

State ex rel. McGreevy v. Dowling

223 So. 2d 89, 1969 Fla. App. LEXIS 5636

District Court of Appeal of Florida | Filed: May 14, 1969 | Docket: 64510038

Published

situation is presented in suits for eminent domain. Section 73.021 Fla.Stat., F.S.A. requires a petition for eminent

Benerofe v. State Road Department

210 So. 2d 28, 1968 Fla. App. LEXIS 5510

District Court of Appeal of Florida | Filed: May 7, 1968 | Docket: 64505154

Published

statutory and decisional law of this state. Section 73.021, Florida Statutes, F.S. A., requires that a

Camp Phosphate Co. v. Marion County

201 So. 2d 793, 1967 Fla. App. LEXIS 4684

District Court of Appeal of Florida | Filed: Jun 8, 1967 | Docket: 64502107

Published

estate or interest intended to be acquired. F.S.Section 73.021, F.S.A. prescribes in detail the necessary

Choctawhatchee Electric Cooperative, Inc. v. Major Realty Co.

161 So. 2d 837, 1964 Fla. App. LEXIS 4577

District Court of Appeal of Florida | Filed: Mar 19, 1964 | Docket: 60221111

Published

public. I am in accord with the proposition that Section 73.21, Florida Statutes, F.S.A., should not be construed