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Florida Statute 73.31 - Full Text and Legal Analysis
Florida Statute 73.031 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

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 CourtListener

Amendments to 73.031


Annotations, Discussions, Cases:

Cases Citing Statute 73.031

Total Results: 3

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

F.S.A. Seadade was summoned under Fla. Stat. § 73.031 to show cause why the canal land should not betaken

City of Lakeland v. Bunch

293 So. 2d 66

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

Cited 4 times | Published

directed to the defendants, as provided by Section 73.031, had the effect of shifting the burden of proof

Pierpont v. Lee County

710 So. 2d 958, 1998 WL 107949

Supreme Court of Florida | Filed: Mar 12, 1998 | Docket: 1445194

Cited 3 times | Published

estimate of value based upon a valid appraisal. § 73.031, Fla. Stat. (1993). If the court determines that