Florida/Georgia Personal Injury & Workers Compensation

...There is another and more cogent reason why I must respectfully dissent from the views of the majority. The statute provides that upon the voluntary dismissal of eminent domain proceedings "the proceedings shall be null and void" (Florida Statutes, Section 73.111, F.S.A.) [Emphasis added]....

...he sole measure of compensation or method by which it shall be determined, and ultimately declining to complete the acquisition of property, for economic or other considerations, by exercising the procedural prerogative afforded by the provisions of Section 73.111, Florida Statutes." We disagree with the trial judge that the record establishes that the County was committed to a single method of valuation, *636 but this question will be dealt with infra....

...But the Constitution only requires that the property be acquired for a public purpose, not for an absolute public necessity. In our view, a purpose may be public without being of such compelling necessity that condemnation is required whatever the price. *637 Statutory authority supports this position. Fla. Stat. § 73.111, F.S.A....

...abandonment of the proceedings, and declares them null and void." See also State ex rel. Curtis v. Himes, 119 Fla. 428, 161 So. 560 (1935). In light of the fact that all element domain proceedings are subject to the express conditions of Fla. Stat. § 73.111, F.S.A., we conclude that it was not improper for Dade County to recognize the possibility of later abandonment in its authorizing resolution....

...tment of Corrections (DOC) for the construction of a state prison, an annex of the existing Hamilton County prison. An order of taking subsequently was issued to the City of Jasper, and the City deposited money into the court registry as required by section 73.111, Florida Statutes, to vest title to the property in the City....

...with interest and costs." In the first quoted statement the trial court took the position that the petitioner, once prosecuting the condemnation action to a final judgment, but before the appeal period has run, cannot "abandon" the proceedings under § 73.111, Fla....

...* * *" We have grouped and summarized the City's contentions: 1. The lower court in granting summary judgment engrafted a judicial exception to Article XVI, § 29, Fla.Constitution (1885) and Article X, § 6, Florida Constitution (1968), F.S.A.; the court construed Article X, § 6 to nullify § 73.111, Fla....

...the court” make plain that the terms describe the depository held and controlled by the court. See, e.g., § 28.24(11), Fla. Stat. (2023) (directing circuit court clerks to assess certain service charges “[f]or receiving money into the registry of court”); § 73.111, Fla. 6 Stat....

...Mclver also testified that the State’s practice was to not condemn CARL lands unless the landowner agreed. Second, as Mclver argues, under the “slow take” condemnation procedure used by the State, St. Joe retained full title and possession to its property until a judgment was entered and satisfied by the State. See § 73.111, Fla....

...ears somewhat anomalous. Under these circumstances we do not believe the City made a sufficient showing before the trial court that it was entitled to a portion of the deposit the City was required to place into the registry of the court pursuant to section 73.111, Florida Statutes (1987)....

...Section 74.051(3) of the Florida Statutes, expressly states that an untimely deposit of good-faith funds results in a quick-take order that is void. However, the statute does not provide that the entire eminent domain proceeding is void. In contrast, section 73.111 of the Florida Statutes expressly provides that, in “slow-take” eminent domain proceedings, an untimely deposit of good-faith funds results in “the *22 proceeding” being “null and void”....

...Under the *830 statutory scheme in Florida the condemnor is required to deposit within twenty days after rendition of the judgment the amount set forth in the judgment into the registry of the court for the use of the condemnee; otherwise, the proceeding is null and void. Section 73.111, Florida Statutes (1969)....

...g to condemn the same lands sought to be condemned in this action, may have established a controlling precedent applicable here when it concluded the first condemnation proceeding was null and void for failure to comply with the requirements of F.S. Section 73.111, F.S.A., by paying the amount awarded as value by a jury. It then indicated a new condemnation proceeding could be commenced after an original one became null and void for failure to pay or tender the condemnation award, citing F.S. Section 73.111, F.S.A., once the proper eminent domain procedures were complied with....

...rendered on March 14, 1969. The city considered the verdicts and final judgment grossly excessive and refused to deposit the amounts fixed by the final judgment as just compensation for the taking of these parcels into the registry of the court. See § 73.111, Fla....

...The city has appealed from this summary final judgment. The first point, as phrased by the city in this appeal, is that “the order of the Circuit Judge is directly violative of the plain language of the statute and constitutes a judicial foray into the legislative domain.” § 73.111, Fla.Stat., F.S.A., provides in pertinent part: “Within twenty days after the rendition of the judgment, the petitioner shall deposit the amount set forth therein into the registry of the court for the use of the defendants, or the procee...