Florida Statute 73.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.071

73.071 Jury trial; compensation; severance damages; business damages.—

(1) When the action is at issue, and only upon notice and hearing to set the cause for trial, the court shall impanel a jury of 12 persons as soon as practical considering the reasonable necessities of the court and of the parties, and giving preference to the trial of eminent domain cases over other civil actions, and submit the issue of compensation to them for determination, which issue shall be tried in the same manner as other issues of fact are tried in the circuit courts.

(2) The amount of such compensation shall be determined as of the date of trial, or the date upon which title passes, whichever shall occur first.

(3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include:

(a) The value of the property sought to be appropriated;

(b) Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation, county, municipality, board, district or other public body for the condemnation of a right-of-way, and the effect of the taking of the property involved may damage or destroy an established business of more than 4 years’ standing before January 1, 2005, or the effect of the taking of the property involved may damage or destroy an established business of more than 5 years’ standing on or after January 1, 2005, owned by the party whose lands are being so taken, located upon adjoining lands owned or held by such party, the probable damages to such business which the denial of the use of the property so taken may reasonably cause; any person claiming the right to recover such special damages shall set forth in his or her written defenses the nature and extent of such damages; and

(c) Where the appropriation is of property upon which a mobile home, other than a travel trailer as defined in s. 320.01, is located, whether or not the owner of the mobile home is an owner or lessee of the property involved, and the effect of the taking of the property involved requires the relocation of such mobile home, the reasonable removal or relocation expenses incurred by such mobile home owner, not to exceed the replacement value of such mobile home. The compensation paid to a mobile home owner under this paragraph shall preclude an award to a mobile home park owner for such expenses of removal or relocation. Any mobile home owner claiming the right to such removal or relocation expenses shall set forth in his or her written defenses the nature and extent of such expenses. This paragraph shall not apply to any governmental authority exercising its power of eminent domain when reasonable removal or relocation expenses must be paid to mobile home owners under other provisions of law or agency rule applicable to such exercise of power.

(4) When the action is by the Department of Transportation, county, municipality, board, district, or other public body for the condemnation of a road, canal, levee, or water control facility right-of-way, the enhancement, if any, in value of the remaining adjoining property of the defendant property owner by reason of the construction or improvement made or contemplated by the petitioner shall be offset against the damage, if any, resulting to such remaining adjoining property of the defendant property owner by reason of the construction or improvement. However, such enhancement in the value shall not be offset against the value of the property appropriated, and if such enhancement in value shall exceed the damage, if any, to the remaining adjoining property, there shall be no recovery over against such property owner for such excess.

(5) Any increase or decrease in the value of any property to be acquired which occurs after the scope of the project for which the property is being acquired is known in the market, and which is solely a result of the knowledge of the project location, shall not be considered in arriving at the value of the property acquired. For the purpose of this section, the scope of the project for which the property is being acquired shall be presumed to be known in the market on or after the condemnor executes a resolution which depicts the location of the project.

(6) The jury shall view the subject property upon demand by any party or by order of the court.

(7) If the jury cannot agree on a verdict the court shall discharge them, impanel a new jury, and proceed with the trial.

History.—s. 1, ch. 65-369; ss. 23, 35, ch. 69-106; s. 1, ch. 70-283; s. 1, ch. 77-51; s. 19, ch. 79-400; s. 36, ch. 85-180; s. 361, ch. 95-147; ss. 58, 59, ch. 99-385; ss. 56, 57, ch. 2002-20.

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Amendments to 73.071

Arrestable Offenses / Crimes under Fla. Stat. 73.071

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.071.

Annotations, Discussions, Cases:

Cases Citing Statute 73.071

Total Results: 20

Florida Gas Transmission Company, LLC. etc. v. City Of Tallahassee, a municipal corp.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-20

Citation: 230 So. 3d 912

Snippet: get preference over other civil cases, section 73.071(1), Florida Statutes, and the remaining plaintiff-property

Orange County v. Buchman

Court: District Court of Appeal of Florida | Date Filed: 2016-01-08

Citation: 183 So. 3d 457, 2016 Fla. App. LEXIS 310, 2016 WL 81661

Snippet: realignment of the road (“severance damages”). Section 73.071(4), Florida Statutes (2014), provides that severance

Teitelbaum v. South Florida Water Management District

Court: District Court of Appeal of Florida | Date Filed: 2015-09-30

Citation: 176 So. 3d 998, 2015 Fla. App. LEXIS 14478

Snippet: equal to “full compensation” for the property, § 73.071, *1003 Fla. Stat. (2004), the state

Teitelbaum v. South Fl Water Management

Court: District Court of Appeal of Florida | Date Filed: 2015-06-24

Snippet: equal to “full compensation” for the property, § 73.071, Fla. Stat. (2004), the state entity pays the

Florida Department of Transportation v. Mallards Cove, LLP

Court: District Court of Appeal of Florida | Date Filed: 2015-03-06

Citation: 159 So. 3d 927, 2015 WL 968710

Snippet: make a final determination of value. §§ 74.061, 73.071. Livingston v. Frank, 150 So.3d 239, 241 (Fla.

City of Jacksonville v. Smith

Court: District Court of Appeal of Florida | Date Filed: 2015-02-26

Citation: 159 So. 3d 888, 2015 Fla. App. LEXIS 2703, 2015 WL 798154

Snippet: would support the judgment in the record."). . § 73.071(10), Fla. Stat. ("[T]he court shall impanel a jury

Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough County

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 150 So. 3d 239, 2014 WL 3734284, 2014 Fla. App. LEXIS 11613

Snippet: make a final determination of value. §§ 74.061, 73.071. After filing declarations of taking in accordance

Florida Department of Agriculture & Consumer Services v. Mendez

Court: District Court of Appeal of Florida | Date Filed: 2013-10-16

Citation: 126 So. 3d 367, 2013 WL 5628727, 2013 Fla. App. LEXIS 16396

Snippet: readdress whether a taking has occurred. See § 73.071(3), Fla. Stat. (2011) (“The jury shall determine

Orlando/Orange County Expressway Authority v. Tuscan Ridge, LLC

Court: District Court of Appeal of Florida | Date Filed: 2012-03-30

Citation: 84 So. 3d 410, 2012 WL 1057622, 2012 Fla. App. LEXIS 4992

Snippet: (emphasis added). This is consistent with section 73.071, which requires the jury during the “compensation”

MH New Investments, LLC v. Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 76 So. 3d 1071, 2011 Fla. App. LEXIS 20497, 2011 WL 6438380

Snippet: support a business damages claim under section 73.071(3)(b), Florida Statutes, the trial court dismissed

State v. Mitrani

Court: District Court of Appeal of Florida | Date Filed: 2009-10-02

Citation: 19 So. 3d 1065, 2009 Fla. App. LEXIS 14717, 2009 WL 3149384

Snippet: disclosure.” Rogers v. U.S., 340 U.S. 367, 372-73, 71 S.Ct. 438, 95 L.Ed. 344 (1951). Thus, the privilege

Pinnacle Floor Covering, Inc. v. Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2009-08-07

Citation: 16 So. 3d 919, 2009 Fla. App. LEXIS 10968, 2009 WL 2408338

Snippet: requirement for establishing business damages. See § 73.071(3)(b). It argues that, unlike the defendant in

System Components Corp. v. Florida Deparment of Transportation

Court: Supreme Court of Florida | Date Filed: 2009-07-09

Citation: 14 So. 3d 967, 34 Fla. L. Weekly Supp. 393, 2009 Fla. LEXIS 1026, 2009 WL 1955233

Snippet: damages in an eminent-domain action under section 73.071(3)(b), Florida Statutes (2004), should include

Florida Department of Agriculture & Consumer Services v. Citrus Canker Litigation

Court: District Court of Appeal of Florida | Date Filed: 2009-06-17

Citation: 20 So. 3d 864, 2009 Fla. App. LEXIS 7609, 2009 WL 1675852

Snippet: conflict with this Court's 2006 mandate; section 73.071, Florida Statutes (2008), regarding eminent domain

System Components Corp. v. Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 2008-07-03

Citation: 985 So. 2d 687, 2008 Fla. App. LEXIS 9936, 2008 WL 2605058

Snippet: meeting the requirements set forth under section 73.071(3)(b), Florida Statutes (2003)[2]. *689 The measure

Fdot v. Bd. of Sup'rs of St. John's Water

Court: District Court of Appeal of Florida | Date Filed: 2008-05-14

Citation: 981 So. 2d 605

Snippet: valuation for compensation pursuant to section 73.071(2), Florida Statutes (2006). After the trial on

City of Jacksonville v. TWIN RESTAURANTS

Court: District Court of Appeal of Florida | Date Filed: 2007-04-09

Citation: 953 So. 2d 720, 2007 Fla. App. LEXIS 5183, 2007 WL 1037409

Snippet: 1933416 (Fla.2d DCA July 14, 2006). See also § 73.071(3)(b), Fla. Stat. (2005) ("The jury shall determine

City of Jacksonville v. Westland Park Associates, II

Court: District Court of Appeal of Florida | Date Filed: 2007-02-12

Citation: 46 So. 3d 583, 2007 Fla. App. LEXIS 1630, 2007 WL 437220

Snippet: 1933416 (Fla. 2d DCA July 14, 2006). See also § 73.071(3)(b), Fla. Stat. (2005) ("The jury shall determine

STATE, DEPT. OF TRANSP. v. Target Corp.

Court: District Court of Appeal of Florida | Date Filed: 2006-08-16

Citation: 937 So. 2d 703, 2006 WL 2355481

Snippet: the property so taken may reasonably cause." § 73.071(3)(b), Fla. Stat. (2002). It is appropriate to

Dames v. 926 Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-15

Citation: 925 So. 2d 1078, 2006 WL 625721

Snippet: date of trial or the date that title passes. See § 73.071(2), Fla. Stat. (2005); Dep't of Transp. v. Finkelstein