Florida Statutes

Fla. Stat. § 73.071 (2025)

Jury trial; compensation; severance damages; business damages.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 139 cases, 1967–2017 · leading case: Sys. Components Corp. v. Florida Deparment of Transp., 14 So. 3d 967 (Fla. 2009).

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Sys. Components Corp. v. Florida Deparment of Transp., 14 So. 3d 967 (Fla. 2009). · cites it 54× “§ 73.071 (3)(b), Fla. Slat. (2004). . See Mullcey, 448 So.”

Tampa-Hillsborough Cty. Expressway Auth. v. KE MORRIS ALIGN. Serv., INC., 444 So. 2d 926 (Fla. 1983). · cites it 10× “In the course of the proceedings for determination of compensation, respondent made a claim for business damages under section 73.071(3)(b), Florida Statutes (1979).”

Brevard Cnty. v. Ramsey, 658 So. 2d 1190 (Fla. 5th DCA 1995). · cites it 11× “If the declaration was effective, the next inquiry must be to determine the nature of Enterprises' interest in the real property adjoining the part taken by condemnation and whether that interest entitles Enterprises to business damages under section 73.071(3)(b), Florida…”

Dep't of Trans. of State of Fla. v. Nalven, 455 So. 2d 301 (Fla. 1984). · cites it 6× “Article X, section 6(a) of the Florida Constitution, provides: "No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry *307 of the court and available to the owner.”

Weaver Oil Co. v. City of Tallahassee, 647 So. 2d 819 (Fla. 1994). · cites it 10× “At trial, Weaver Oil maintained that it was entitled to business damages under section 73.071 because it had suffered a compensable taking of its right of access from Tennessee Street and that business damages resulting from this taking were appropriate under the statute.”

Sys. Components Corp. v. Dept. of Transp., 985 So. 2d 687 (Fla. 5th DCA 2008). · cites it 18× “We conclude that this is not what section 73.071 says or intends. The power of eminent domain is an inherent feature of the sovereign authority of the state.”

Texaco, Inc. v. Dep't of Transp., 537 So. 2d 92 (Fla. 1989). · cites it 9× “2d DCA 1987), held that Texaco, as a long-term lessee which subleased an automobile service station to a dealer-operator and was the wholesale supplier of products to the dealer, was not entitled to business damages under the provisions of section 73.071, Florida Statutes…”

Sabal Trail Transmission, LLC v. Real Est., 255 F. Supp. 3d 1213 (N.D. Fla. 2017). · cites it 2× “]”); § 73.071, Fla. Stat. (2016) (requiring a twelve-person jury in “eminent domain cases”).”

Blockbuster Video v. State, Dot, 714 So. 2d 1222 (Fla. 2d DCA 1998). · cites it 8× “Section 73.071, however, has long been interpreted to include the business damage claim of a lessee, and not merely that of a fee owner.”

Palm Beach Cnty. v. Awadallah, 538 So. 2d 142 (Fla. 4th DCA 1989). · cites it 8× “The statutory section relevant to the instant case is section 73.071(3)(b), Florida Statutes (1987), which provides that: 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…”

Mulkey v. Div. Of Admin. State, Dept. of Transp., 448 So. 2d 1062 (Fla. 2d DCA 1984). · cites it 4× “When the state, through the exercise of its power of eminent domain, takes private property for public use, the landowner must receive full compensation for his loss.”

Murray v. Dep't of Transp., 687 So. 2d 825 (Fla. 1997). · cites it 7× “The district court remanded for a new trial and directed a determination of lost profits by including fixed expenses.”

Show all 139 citing cases →

— 73.071(1) — 5 cases

Florida Gas Transmission Co., LLC. etc. v. City Of Tallahassee, a Mun. corp., 230 So. 3d 912 (Fla. 1st DCA 2017).

State v. Barbara's Creative Jewelry, 728 So. 2d 240 (Fla. 4th DCA 1998).

Div. of Admin., State of Fla. v. Frenchman, 476 So. 2d 224 (Fla. 4th DCA 1985).

Florida Dep't of Agric. & Consum. Servs. v. Citrus Canker Litig., 20 So. 3d 864 (Fla. 3d DCA 2009).

Palladino Holding Corp. v. Broward Cnty., 504 So. 2d 465 (Fla. 4th DCA 1987).

— 73.071(10) — 1 case

City of Jacksonville v. Smith, 159 So. 3d 888 (Fla. 1st DCA 2015).

— 73.071(2) — 11 cases

Sys. Components Corp. v. Florida Deparment of Transp., 14 So. 3d 967 (Fla. 2009). “§ 73.071 (3)(b), Fla. Slat. (2004). . See Mullcey, 448 So.”

Dep't of Trans. of State of Fla. v. Nalven, 455 So. 2d 301 (Fla. 1984). “Article X, section 6(a) of the Florida Constitution, provides: "No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry *307 of the court and available to the owner.”

Cnty. of Volusia v. Pickens, 439 So. 2d 276 (Fla. 5th DCA 1983).

State, Dept. of Transp. v. Finkelstein, 629 So. 2d 932 (Fla. 4th DCA 1993).

Florida Water Servs. Corp. v. Utils. Com'n, 790 So. 2d 501 (Fla. 5th DCA 2001).

— 73.071(3) — 22 cases

City of Hollywood v. Jarkesy, 343 So. 2d 886 (Fla. 4th DCA 1977).

State, Dept. of Transp. v. Murray, 670 So. 2d 977 (Fla. 1st DCA 1996).

Williams v. State Dept. of Transp., 579 So. 2d 226 (Fla. 1st DCA 1991).

Tampa-Hillsborough Cnty. v. AGWS, 608 So. 2d 52 (Fla. 2d DCA 1992).

City of Miami v. Coconut Grove Marine Prop., Inc., 358 So. 2d 1151 (Fla. 3d DCA 1978).

— 73.071(3)(a) — 6 cases

FLORIDA DOT v. Armadillo Partners, Inc., 849 So. 2d 279 (Fla. 2003).

Provident Mgmt. v. City of Treas. Island, 718 So. 2d 738 (Fla. 1998).

Div. of Admin., State of Fla. v. Frenchman, 476 So. 2d 224 (Fla. 4th DCA 1985).

Orlando/Orange Cnty. Expressway Auth. v. Tuscan Ridge, LLC, 84 So. 3d 410 (Fla. 5th DCA 2012).

City of Tallahassee v. Boyd, 616 So. 2d 1000 (Fla. 1st DCA 1993).

— 73.071(3)(b) — 69 cases

Sys. Components Corp. v. Florida Deparment of Transp., 14 So. 3d 967 (Fla. 2009). “§ 73.071 (3)(b), Fla. Slat. (2004). . See Mullcey, 448 So.”

Tampa-Hillsborough Cty. Expressway Auth. v. KE MORRIS ALIGN. Serv., INC., 444 So. 2d 926 (Fla. 1983). “In the course of the proceedings for determination of compensation, respondent made a claim for business damages under section 73.071(3)(b), Florida Statutes (1979).”

Brevard Cnty. v. Ramsey, 658 So. 2d 1190 (Fla. 5th DCA 1995). “If the declaration was effective, the next inquiry must be to determine the nature of Enterprises' interest in the real property adjoining the part taken by condemnation and whether that interest entitles Enterprises to business damages under section 73.071(3)(b), Florida…”

Sys. Components Corp. v. Dept. of Transp., 985 So. 2d 687 (Fla. 5th DCA 2008). “We conclude that this is not what section 73.071 says or intends. The power of eminent domain is an inherent feature of the sovereign authority of the state.”

Palm Beach Cnty. v. Awadallah, 538 So. 2d 142 (Fla. 4th DCA 1989). “The statutory section relevant to the instant case is section 73.071(3)(b), Florida Statutes (1987), which provides that: 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…”

— 73.071(4) — 11 cases

Div. Of Admin., State Dept. of Transp. v. Jirik, 471 So. 2d 549 (Fla. 3d DCA 1985).

Di Virgilio v. State Road Dep't, 205 So. 2d 317 (Fla. 4th DCA 1967).

Div. of Admin., State of Fla. v. Frenchman, 476 So. 2d 224 (Fla. 4th DCA 1985).

Mainer v. Canal Auth. of State, 467 So. 2d 989 (Fla. 1985).

— 73.071(5) — 3 cases

325 W. ADAMS STREET, LTD. v. City of Jacksonville, 863 So. 2d 380 (Fla. 1st DCA 2003).

Brown v. Dep't of Transp., 884 So. 2d 116 (Fla. 2d DCA 2004).

Dames v. 926 Co., Inc., 925 So. 2d 1078 (Fla. 4th DCA 2006).

— 73.071(b) — 1 case

State v. Fortune Fed. Sav. & Loan Ass'n, 507 So. 2d 1172 (Fla. 2d DCA 1987).

— 73.071(e)(h) — 1 case

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