Florida Statutes

Fla. Stat. § 73.051 (2025)

Returns; defaults.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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73.051 Returns; defaults.—Any person interested in or having a lien upon the property, whether named as a defendant or not, may file his or her written defenses to the petition, as a matter of right, on or before the return date set in the notice or thereafter by leave of court. If a defendant does not file his or her defenses on or before the return date, defaults may be entered against the defendant, but nothing shall prevent any person who is shown by the record to be interested in the property from appearing before the jury to claim the amount of compensation that he or she conceives to be due for the property.

History.—s. 1, ch. 65-369; s. 1, ch. 70-285; s. 27, ch. 73-333; s. 360, ch. 95-147.

Notes of Decisions

Cited in 4 cases, 1967–2002 · leading case: Golf Course Resorts, Inc. v. Dep't of Transp., 816 So. 2d 236 (Fla. 2d DCA 2002).

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Golf Course Resorts, Inc. v. Dep't of Transp., 816 So. 2d 236 (Fla. 2d DCA 2002). · cites it 7× “(1963), with § 73.051, Fla. Stat. (2000). The language regarding intervention was omitted when the eminent domain statutes were modified in 1965.”

City of Dania v. Broward Cnty., Fla., 658 So. 2d 163 (Fla. 4th DCA 1995). · cites it 2× “However, the City did not file written defenses to the eminent domain petition as provided by section 73.051, Florida Statutes (1993): Any person interested in or having a lien upon the property, whether named as a defendant or not, may file his written defenses to the petition,…”

Tampa Suburban Utils. Corp. v. Hillsborough Cnty. Aviation Auth., 195 So. 2d 568 (Fla. 2d DCA 1967). “, was amended in 1965 and the amended statute is § 73.051, Florida Statutes, 1965, F.S.A. Said new statutory-provision is effective for all condemnation proceedings filed after October 1, 1965.”

Setti v. Broward Cnty., 510 So. 2d 1076 (Fla. 4th DCA 1987). · cites it 2× “Section 73.051, Florida Statutes (1985) provides for intervention; but “the interest of the intervenor in the property .”

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