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Florida Statute 73.031 | Lawyer Caselaw & Research
F.S. 73.031 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 73.031

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 73
EMINENT DOMAIN
View Entire Chapter
F.S. 73.031
73.031 Process; service and publication.—
(1) Upon the filing of the petition, the clerk of the court shall issue a summons to show cause why the property should not be taken, directed “to all whom it may concern,” containing the names of all the defendants named in the petition, commanding them and any other persons claiming any interest in the property described to serve written defenses to the petition on a day specified in the summons not less than 28 nor more than 60 days from the date of the summons. A copy of the summons and the petition shall be served upon all resident defendants in the manner provided by law and not less than 20 days before the return day.
(2) If any defendant is alleged to be a nonresident of the state, or if the name or residence of any defendant is alleged to be unknown, or if personal service cannot be had upon any defendant for any other reason, the clerk shall cause a notice to be published at least once each week for 2 consecutive weeks prior to the return day in some newspaper published in the county; provided, however, that if the petitioner be a municipality and a newspaper is published therein, the notice shall be published in such a newspaper. This notice shall contain the names of the defendants to whom it is directed, a description of the property sought to be appropriated, the nature of the action, and the name of the court in which it is pending. The clerk shall mail a copy of the summons and the petition to each out-of-state defendant at the address as set forth in the petition. The clerk shall file a certificate of mailing which, together with proof of publication, shall constitute effective service as though the defendant had been personally served with process within this state.
(3) The failure of any party to receive notice by mail shall not invalidate the proceedings of the court or any order made pursuant to this chapter.
History.—s. 1, ch. 65-369; s. 2, ch. 90-279; s. 359, ch. 95-147.

F.S. 73.031 on Google Scholar

F.S. 73.031 on Casetext

Amendments to 73.031


Arrestable Offenses / Crimes under Fla. Stat. 73.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.031.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Pierpont v. Lee County

    710 So. 2d 958 (Fla. 1998)   Cited 11 times
    An offer is an expression by a party of assent to certain definite terms, provided that the other party involved in the bargaining transaction will likewise express assent to the same terms. Arthur Linton Corbin, Corbin on Contracts § 1.11, at 28 (Joseph M. Perillo ed., rev. ed. 1993). A good-faith estimate of value is entirely different. If the condemning authority opts to obtain land in advance of final judgment, the declaration of taking must include a good-faith estimate of value based upon a valid appraisal. § 73.031, Fla. Stat. (1993). If the court determines that the petitioner is entitled to the possession of the land prior to final judgment, it will enter an order requiring the petitioner to deposit in the registry of the court a sum not less than the amount of the good-faith estimate of value. § 74.051, Fla. Stat. (1993). Upon motion, the court may permit the landowner to withdraw such funds pending entry of the final judgment. § 74.071, Fla. Stat. (1993). Of particular significance is the fact that if a property owner withdraws all of the funds deposited in the court's registry and the final judgment of compensation is for a lesser amount, the condemning…

  2. In re Amendments to Florida Rules of Civil Procedure

    682 So. 2d 105 (Fla. 1996)   Cited 35 times

    judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 and 77.07, Florida Statutes, must be included in the writ and served on the defendant. FORM 1.908

  3. City of Lakeland v. Bunch

    293 So. 2d 66 (Fla. 1974)   Cited 7 times
    The City of Lakeland, appellant herein, seeks review of a final judgment of the trial court finding Florida Statutes, Sections 73.021, 73.031, 74.031 and 74.041, F.S.A. to be unconstitutional. We have jurisdiction pursuant to Article V, § 3(b)(1), Florida Constitution, F.S.A.

  4. Seadade Industries, Inc. v. Florida Power Light

    245 So. 2d 209 (Fla. 1971)   Cited 16 times
    Second, the Utility asserts that it has conformed to all statutory requirements regarding condemnation and taking. Fla. Stat. § 361.01, F.S.A. provides that the president and directors of a utility may appropriate lands necessary to the business contemplated by the charter. Following determination that the canal was essential and necessary, these corporate officers of the Utility adopted formal resolutions ordering that proceedings be begun. 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 project as required by Fla. Stat. § 73.021(2), F.S.A. Seadade was summoned under Fla. Stat. § 73.031 to show cause why the canal land should not betaken. Concurrently, the Utility sought possession in advance of judgment as provided for by Fla. Stat. § 74.011, F.S.A.; a Declaration of Taking was filed pursuant to Fla. Stat. § 74.031, F.S.A. Hearings on the Declaration were entertained by the Circuit Court, Dade County, in accord with Fla. Stat. § 74.051, F.S.A.…

Cases from cite.case.law:

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . before judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 . . .

F. PIERPONT, v. LEE COUNTY, A G INVESTMENTS, v. LEE COUNTY, BARNETT BANKS, INC. v. LEE COUNTY,, 710 So. 2d 958 (Fla. 1998)

. . . . § 73.031, Fla. Stat. (1993). . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . before judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 . . .

CITY OF LAKELAND, a v. O. BUNCH, 293 So. 2d 66 (Fla. 1974)

. . . herein, seeks review of a final judgment of the trial court finding Florida Statutes, Sections 73.021, 73.031 . . . The court stated that the summons to show cause directed to the defendants, as provided by Section 73.031 . . .

CITY OF LAKELAND v. BUNCH,, 39 Fla. Supp. 185 (Polk Cty. Cir. Ct. 1973)

. . . 167.65 and 16/.66, Florida Statutes, and in accord with the procedural requirements of §§73.021 and 73.031 . . . that the initial pleadings and process served upon the defendant landowners pursuant to §§73.021 and 73.031 . . . It is therefore ordered and adjudged — (1) Florida Statutes 73.021 and 73.031 and Florida Statutes 74.031 . . .

SEADADE INDUSTRIES, INC. a v. FLORIDA POWER LIGHT COMPANY, a, 245 So. 2d 209 (Fla. 1971)

. . . . § 73.031 to show cause why the canal land should not be taken. . . .