Florida Statute 73.61 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.061

73.061 Pretrial hearing.—

(1) Prior to the date of trial, the court may hold a hearing, in limine, to settle all disputed matters properly before it which must be determined prior to trial. Should it appear that the causes of action joined cannot be conveniently disposed of together, the court may order separate trials; provided, however, that any such actions shall be tried in the county in which the lands are located.

(2) The court in which an action in eminent domain is pending shall have jurisdiction and authority over any and all taxes and assessments encumbering the lands involved in such actions, and may stay or defer the enforcement of such taxes and assessments, including all applications for tax deeds, foreclosures and other enforcement proceedings, until final termination of such eminent domain actions. The said court may make such orders concerning such taxes and assessments as may be equitable and proper; provided, however, that ad valorem taxes levied upon any such lands shall be prorated against the owner to the date of taking.

History.—s. 1, ch. 65-369.

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Amendments to 73.061

Annotations, Discussions, Cases:

Cases Citing Statute 73.061

Total Results: 8

Dade County v. General Waterworks Corporation

267 So. 2d 633

Supreme Court of Florida | Filed: Jul 20, 1972 | Docket: 351732

Cited 17 times | Published

a pre-trial in limine hearing under Fla. Stat. § 73.061(1), F.S.A.[2] to resolve certain issues of law

Dade County v. Oolite Rock Company

311 So. 2d 699

District Court of Appeal of Florida | Filed: Apr 1, 1975 | Docket: 1776596

Cited 14 times | Published

the court (at a pre-trial hearing according to § 73.061 Fla. Stat., F.S.A.), and, by virtue of § 127.01(2)

City of Miami Beach v. Broida

362 So. 2d 19

District Court of Appeal of Florida | Filed: Jul 5, 1978 | Docket: 1362898

Cited 3 times | Published

Following an evidentiary hearing pursuant to Section 73.061, Florida Statutes (1977), the trial court entered

City of Miami v. Florida East Coast Railway Co.

286 So. 2d 247

District Court of Appeal of Florida | Filed: Nov 27, 1973 | Docket: 1408251

Cited 2 times | Published

limine" at a pretrial hearing pursuant to Fla. Stat. § 73.061(1), F.S.A. After taking testimony, the judge entered

City of Miami Beach v. Cummings

266 So. 2d 122

District Court of Appeal of Florida | Filed: Jun 20, 1972 | Docket: 1708748

Cited 2 times | Published

entertaining the motion for summary judgment, ignoring § 73.061 Fla. Stat., F.S.A. in refusing to try issues other

Gateway Growers v. School Bd. of Palm Beach

924 So. 2d 875, 2006 WL 473756

District Court of Appeal of Florida | Filed: Mar 1, 2006 | Docket: 1736012

Published

"solely the amount of compensation to be paid." Section 73.061(1), Florida Statutes (2004), provides that

Buckley v. City of Miami Beach

559 So. 2d 310, 1990 Fla. App. LEXIS 2235, 1990 WL 37428

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 64649494

Published

L.Ed.2d 500 (1970); § 55.03, Fla.Stat. (1979); § 73.061(2), Fla. Stat. (1979); § 73.131, Fla.Stat. (1979);

City of St. Petersburg v. Division of Administration, State Department of Transportation

293 So. 2d 781, 1974 Fla. App. LEXIS 7682

District Court of Appeal of Florida | Filed: Mar 29, 1974 | Docket: 64538689

Published

prorate taxes in a condemnation proceeding. See Section 73.061(2). . The able trial judge might have reached