Florida Statute 73.131 - 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. 73.131

73.131 Appeals; costs.—

(1) Appeals in eminent domain actions shall be taken in the manner prescribed by law and in accordance with the appellate rules, except that an appeal shall not prevent appropriation of the property by the petitioner where the amount awarded by the judgment has been deposited with the court as aforesaid. If, at any time after entry of the judgment, a defendant shall take out of the court the amount due him or her, any pending appeal taken by the defendant shall be dismissed by the appellate court upon the filing of a certificate by the clerk of the circuit court stating that the defendant taking the appeal has withdrawn the amount due him or her.

(2) The petitioner shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney’s fee to be assessed by that court, except upon an appeal taken by a defendant in which the judgment of the lower court shall be affirmed.

History.—s. 1, ch. 65-369; s. 4, ch. 87-148; s. 364, ch. 95-147.

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Amendments to 73.131

Annotations, Discussions, Cases:

Cases Citing Statute 73.131

Total Results: 40

Salley v. City of St. Petersburg

511 So. 2d 975, 12 Fla. L. Weekly 396, 1987 Fla. LEXIS 2068

Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1700761

Cited 12 times | Published

attorney's fees. We deal only with that order. Section 73.131(2), Florida Statutes (1985), provides: The

Behm v. DIVISION OF ADMINISTRATION, ETC.

383 So. 2d 216

Supreme Court of Florida | Filed: May 15, 1980 | Docket: 163690

Cited 12 times | Published

unsuccessful appeal.[1] Since the constitutionality of section 73.131(1), Florida Statutes (1969), was under attack

Boynton v. Canal Authority

311 So. 2d 412

District Court of Appeal of Florida | Filed: Apr 24, 1975 | Docket: 1775996

Cited 12 times | Published

timely motion pursuant to Rule 3.16(e) FAR and F.S. 73.131(2) for an order awarding attorneys' *417 fees

Tosohatchee Game Pres. v. Central & So. Fla. Fl. CD

265 So. 2d 681

Supreme Court of Florida | Filed: Jul 26, 1972 | Docket: 1394611

Cited 12 times | Published

Court contravened the provisions of Fla. Stat. § 73.131(2), F.S.A., as interpreted by this Court in State

Department of Transp. v. Gefen

636 So. 2d 1345, 1994 WL 202543

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1361510

Cited 10 times | Published

prevail. However, Gefen's claim is predicated on section 73.131(2), Florida Statutes (1991), which is a part

DIV. OF ADMIN., STATE, DEPT OF TRANSP. v. Allen

447 So. 2d 1383

District Court of Appeal of Florida | Filed: Mar 8, 1984 | Docket: 1311830

Cited 8 times | Published

made by the trial court in accordance with section 73.131(2), Florida Statutes. See Tosohatchee Game

Seminole County v. Delco Oil, Inc.

669 So. 2d 1162, 1996 Fla. App. LEXIS 2682, 1996 WL 124830

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 1526181

Cited 7 times | Published

though peculiar, is mandated by the legislature. § 73.131(2), Fla.Stat. (1993). REVERSED and REMANDED. COBB

Div. of Admin., State of Fla. v. Frenchman

476 So. 2d 224

District Court of Appeal of Florida | Filed: Aug 7, 1985 | Docket: 1277508

Cited 7 times | Published

Court. It is ordered, however, pursuant to section 73.131(2), Fla. Stat. (1983), that reasonable appellate

DIVISION OF ADMINISTRATION, ETC. v. Decker

408 So. 2d 1056

District Court of Appeal of Florida | Filed: Nov 13, 1981 | Docket: 1449694

Cited 7 times | Published

amount to be set by the trial court, noting that section 73.131(2), Florida Statutes (1979), mandates the award

K-Mart Corp. v. ST. DEPT. OF TRANSP.

636 So. 2d 131, 1994 Fla. App. LEXIS 3676, 1994 WL 141241

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 1361393

Cited 5 times | Published

attorney's fees incurred for this appeal. See § 73.131(2), Fla. Stat. (1993).

Dama v. Record Bar, Inc.

512 So. 2d 206

District Court of Appeal of Florida | Filed: Aug 26, 1987 | Docket: 473209

Cited 5 times | Published

fees from the City of Tallahassee pursuant to section 73.131(2), Florida Statutes. While this statute provides

City of Miami Beach v. Manilow

253 So. 2d 910

District Court of Appeal of Florida | Filed: Oct 26, 1971 | Docket: 1451234

Cited 5 times | Published

without prejudice to apply for fees below." See § 73.131(2), Fla. Stat. 1969, F.S.A. and Florida Appellate

Schick v. FLA. DEPT. OF AGRICULTURE AND CONSUMER SERVICES

586 So. 2d 452, 1991 WL 185204

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 1487735

Cited 4 times | Published

on this appeal is also granted pursuant to section 73.131(2). The amount of a reasonable fee for such

Denmark v. STATE DEPT. OF TRANSP.

389 So. 2d 201, 1980 Fla. LEXIS 4299

Supreme Court of Florida | Filed: Jul 10, 1980 | Docket: 2581993

Cited 4 times | Published

petitioners' motion for appellate attorneys' fees. Section 73.131(2), Florida Statutes (1979), provides: The

Behm v. Division of Administration, Dept. of Transp.

288 So. 2d 476

Supreme Court of Florida | Filed: Jan 16, 1974 | Docket: 1696469

Cited 4 times | Published

Constitution, Article X, Section 6(a); Fla. Stat. § 73.131(2), F.S.A.; Jacksonville Expressway Authority

Behm v. Division of Administration, Dept. of Transp.

288 So. 2d 476

Supreme Court of Florida | Filed: Jan 16, 1974 | Docket: 1696469

Cited 4 times | Published

Constitution, Article X, Section 6(a); Fla. Stat. § 73.131(2), F.S.A.; Jacksonville Expressway Authority

Brevard County v. Canaveral Properties, Inc.

696 So. 2d 1244, 1997 Fla. App. LEXIS 6950, 1997 WL 336300

District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 1695979

Cited 3 times | Published

fees in eminent domain cases are authorized by section 73.131. That section provides: (1) Appeals in eminent

Hartleb v. STATE, DEPT. OF TRANSP.

677 So. 2d 336, 1996 Fla. App. LEXIS 5815, 1996 WL 293630

District Court of Appeal of Florida | Filed: Jun 5, 1996 | Docket: 1270227

Cited 3 times | Published

the owner's attorneys' fees for this appeal. See § 73.131, Fla.Stat. (1987).

Lee County v. Tohari

582 So. 2d 104, 1991 WL 115608

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 1363868

Cited 3 times | Published

award of attorney's fees in the trial court. Section 73.131(2), Florida Statutes (1989), appears to mandate

Caribbean Condominium v. City of Flagler Beach

178 So. 3d 426, 2015 Fla. App. LEXIS 13903, 2015 WL 5456819

District Court of Appeal of Florida | Filed: Sep 18, 2015 | Docket: 60251468

Cited 1 times | Published

supreme court, Gefen sought attorney’s fees under section 73.131(2), Florida Statutes (1991)-the provision governing

Theodore Ryan v. City of Boynton Beach, etc., and Frank Janots

157 So. 3d 417, 2015 Fla. App. LEXIS 1428, 2015 WL 444440

District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631117

Cited 1 times | Published

in eminent domain proceedings is governed by section 73.131, Florida Statutes. The statute requires that

City of North Miami Beach v. Reed

863 So. 2d 351, 2003 Fla. App. LEXIS 14358, 2003 WL 22187977

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 64827461

Cited 1 times | Published

1347 (Fla.1994)(stating that “[t]he statute [section 73.131(2), as part of chapter 73 that deals with eminent

State, Department of Transportation v. Skinners Wholesale Nursery, Inc.

736 So. 2d 3, 1998 Fla. App. LEXIS 14795, 1998 WL 821776

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 64789038

Cited 1 times | Published

services rendered at trial and are governed by section 73.131(2), Florida Statutes (1993). Under this statute

Niles v. County of Volusia

405 So. 2d 1046

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 1703659

Cited 1 times | Published

(Fla. 1st DCA 1968). The County also refers to section 73.131, Florida Statutes (1979), which provides that

Hartleb v. Department of Transp.

778 So. 2d 1063, 2001 WL 194870

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 1686939

Published

Registry by the condemnor gives up his appeal. See § 73.131, Fla.Stat. (2000) ("If, at any time after entry

Seminole County v. Boyle Investment Co.

724 So. 2d 645, 1999 Fla. App. LEXIS 92, 1999 WL 4917

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 64785576

Published

citing section 73.131, Florida Statutes (1997), as the basis for such an award. Section 73.131 provides

Orlando/Orange County Expressway Authority v. Latham

643 So. 2d 10, 1994 Fla. App. LEXIS 8448, 1994 WL 460723

District Court of Appeal of Florida | Filed: Aug 26, 1994 | Docket: 1744383

Published

requires that SWJV be awarded attorneys' fees. § 73.131, Fla. Stat. (1993). Denmark v. Department of Transportation

Solid Waste Authority v. Parker

622 So. 2d 1014, 1993 Fla. App. LEXIS 8736, 1993 WL 321014

District Court of Appeal of Florida | Filed: Aug 25, 1993 | Docket: 64698227

Published

award of appellate fees to appellee is denied. Section 73.131(2), Florida Statutes (1989), is plain and unambiguous

Department of Transportation v. Fowler

621 So. 2d 689, 1993 Fla. App. LEXIS 4212, 1993 WL 114640

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 64697752

Published

landowner is entitled to reimbursement under section 73.131(2), Florida Statutes, or other authority. See

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

Stat. (1979); § 73.061(2), Fla. Stat. (1979); § 73.131, Fla.Stat. (1979); Fla. R.Civ.P. 1.530 and Fla

Behm v. Division of Administration, State Department of Transportation

366 So. 2d 828, 1979 Fla. App. LEXIS 13986

District Court of Appeal of Florida | Filed: Jan 24, 1979 | Docket: 64568195

Published

were apparently to avoid the consequences of Section 73.131(1), Florida Statutes (1969)1, which requires

State Department of Natural Resources v. Hudson Pulp & Paper Corp.

363 So. 2d 822, 1978 Fla. App. LEXIS 16913

District Court of Appeal of Florida | Filed: Sep 18, 1978 | Docket: 64566735

Published

attorney’s fees and costs incident to this appeal. F.S. 73.131(2) provides as follows: “The petitioner shall

State Road Department v. Hancock

250 So. 2d 307, 1971 Fla. App. LEXIS 6269

District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 64521322

Published

We denied certiorari without opinion. Fla.Stat. § 73.131, F.S.A. (1969) states that the condemning authority

Florida Board of Parks & Historic Memorials v. Collier

213 So. 2d 460, 1968 Fla. App. LEXIS 5137

District Court of Appeal of Florida | Filed: Jul 26, 1968 | Docket: 64506500

Published

thereof pursuant to Section 73.131, Florida Statutes 1967, F.S.A. Said Section 73.131 was originally enacted

Di Virgilio v. State Road Department

211 So. 2d 556, 1968 Fla. LEXIS 2219

Supreme Court of Florida | Filed: Jun 19, 1968 | Docket: 64505771

Published

attorney’s fees is also denied. See Florida Statutes § 73.131(2), 1967, F.S.A. It is so ordered. CALDWELL, C

State Road Department v. Brenner

208 So. 2d 279, 1967 Fla. App. LEXIS 4056

District Court of Appeal of Florida | Filed: Oct 18, 1967 | Docket: 64504520

Published

of the motions for attorneys’ fees, citing F.S. § 73.131 F.S.A., which provides that, upon an appeal in

State Road Department v. Levato

199 So. 2d 714, 1967 Fla. LEXIS 3925

Supreme Court of Florida | Filed: Jun 7, 1967 | Docket: 64501151

Published

the condemnor was the successful appellant. Section 73.131, Florida Statutes, F.S.A., among other things

Smith v. City of Tallahassee

198 So. 2d 380, 1966 Fla. App. LEXIS 4462

District Court of Appeal of Florida | Filed: Nov 8, 1966 | Docket: 64500786

Published

court. Since then, effective October 1, 1965, F.S. § 73.131, F.S.A., provides that upon appeal a reasonable

State Road Department v. Levato

192 So. 2d 35, 1966 Fla. App. LEXIS 4582

District Court of Appeal of Florida | Filed: Sep 14, 1966 | Docket: 64498685

Published

do this because we are persuaded that F.S.A. § 73.-131 authorizes the award of these fees and because

Georgia Southern & Florida Railway Co. v. Duval Connecting Railroad

187 So. 2d 405, 1966 Fla. App. LEXIS 5481

District Court of Appeal of Florida | Filed: Jun 9, 1966 | Docket: 64497020

Published

judgment of the trial court shall be affirmed,” Section 73.131, Florida Statutes, F.S.A. Thus it is seen that