The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
|
||||||
|
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…
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.…
. . . before judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 . . .
. . . . § 73.031, Fla. Stat. (1993). . . .
. . . before judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 73.031 to show cause why the canal land should not be taken. . . .