Florida Statute 73.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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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.

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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:

Cases Citing Statute 73.031

Total Results: 14

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: the right to an immediate hearing under sections 73.031 and 77.07, Florida Statutes, must be included in

Pierpont v. Lee County

Court: Supreme Court of Florida | Date Filed: 1998-03-12

Citation: 710 So. 2d 958, 1998 WL 107949

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

In Re Amend. to Fla. Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1996-10-31

Citation: 682 So. 2d 105, 1996 WL 627562

Snippet: the right to an immediate hearing under sections 73.031 and 77.07, Florida Statutes, must be included in

A.J. Spagnol Lumber Co. v. Trauger

Court: District Court of Appeal of Florida | Date Filed: 1982-12-01

Citation: 423 So. 2d 956, 1982 Fla. App. LEXIS 22189

Snippet: Lennox, 405 U.S. 191, 200-02, 92 S.Ct. 767, 772-73, 31 L.Ed.2d 138, 146-47 (1972), was an appeal by plaintiffs

Hernandez v. Clinica Pasteur, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1974-04-30

Citation: 293 So. 2d 747

Snippet: a Florida Corporation, et al., Appellees. No. 73-31. District Court of Appeal of Florida, Third District

City of Lakeland v. Bunch

Court: Supreme Court of Florida | Date Filed: 1974-04-03

Citation: 293 So. 2d 66

Snippet: court finding Florida Statutes, Sections 73.021, 73.031, 74.031 and 74.041, F.S.A. to be unconstitutional

Shannon v. State

Court: District Court of Appeal of Florida | Date Filed: 1973-11-30

Citation: 286 So. 2d 45, 1973 Fla. App. LEXIS 8947

Snippet: PER CURIAM. Affirmed.

Wilson v. State

Court: District Court of Appeal of Florida | Date Filed: 1973-09-26

Citation: 283 So. 2d 412, 1973 Fla. App. LEXIS 9068

Snippet: PER CURIAM. Affirmed.

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

Court: Supreme Court of Florida | Date Filed: 1971-02-03

Citation: 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

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

Powell v. Cocowitch

Court: Supreme Court of Florida | Date Filed: 1957-03-13

Citation: 94 So. 2d 589

Snippet: homestead in December 1950 in the amount of $2,073.31, and further repairs and remodeling in June 1953

Colonial Acceptance, Inc. v. State ex rel. Ervin

Court: Supreme Court of Florida | Date Filed: 1953-12-11

Citation: 68 So. 2d 588, 1953 Fla. LEXIS 1779

Snippet: without .notice, certiorari is granted. Equity Rule 73, 31 F.S.A.; Dixie Music Co., Inc., v. Pike, 135 Fla

State Ex Rel. American Bakeries Co. v. Crawford

Court: Supreme Court of Florida | Date Filed: 1925-07-28

Citation: 105 So. 446, 90 Fla. 264

Snippet: the statute law. See Auditor v. Wineman, 80 Miss. 73,31 South. Rep. 537; Lyttleton v. Downer, (Tex. Civ

J. B. McCrary Co. v. Dade County ex rel. E. I. DuPont de Nemours & Co.

Court: Supreme Court of Florida | Date Filed: 1920-11-03

Citation: 80 Fla. 652

Snippet: Scranton, Pa. v. Crane Co., 219 U. S. 24, 55 L. Ed. 73, 31 Sup. Ct. Rep. 140, and in United States Fidelity

Land v. State

Court: Supreme Court of Florida | Date Filed: 1916-03-01

Citation: 71 Fla. 270

Snippet: the earnings. Commonwealth v. Graham, 157 Mass. 73, 31 N. E. Rep. 706, 16 L. R. A. 578, 34 Am. St. Rep