Florida Statute 73.161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.161

73.161 Right-of-way for telephone and telegraph over railroad right-of-way.—

(1) If any telegraph or telephone company fails to secure the consent of any railroad or railway company for the construction of its lines along and upon the right-of-way of any railroad in this state, the same may be acquired by eminent domain. If the defendant railroad or railway company has a principal office or place of business in this state, and any portion of the right-of-way sought to be condemned extends into the county wherein such principal office or place of business is located, then the eminent domain action shall be had in such county. No map need be filed with the petition, but it shall state about how many poles per mile will be erected on such right-of-way, and about how far from each other, and from the centers of the main track of the railroad, their length and size, the depth they will be planted in the ground, and the amount of land that will be occupied by them. No pole shall be set at a greater distance than 10 feet from the outer edge of the right-of-way. In such action, the petitioner shall give bond for costs in the penalty of $200, payable to the defendant, with surety to be approved by the clerk.

(2) The judgment shall authorize the petitioner to enter upon the right-of-way of the defendant and construct its lines thereon. Said judgment shall further provide that such lines shall be constructed so as not to interfere with the operation of the trains of said defendant or any telephone or telegraph line already upon such right-of-way; and, furthermore, that if, at any time, the railroad or railway company shall desire, for railway purposes, the immediate use of any land occupied by said petitioner, then the petitioner shall, upon reasonable notice in writing, at its own expense, remove its line to some other place adjacent thereto on such right-of-way so as not to interfere with the track or use of said railway or any telephone or telegraph line already on said right-of-way, and that the said line shall not be erected on any embankment or slope of any cut of such right-of-way, and if at any time the said railroad or railway company shall require for railroad purposes its entire right-of-way at any point occupied by said line, the said petitioner shall, at such point, remove said line entirely off such right-of-way.

(3) The telegraph or telephone company by such action shall acquire only an easement in and to said railroad right-of-way for the purpose of constructing, maintaining, and operating its telegraph or telephone line thereon, and only the interests of such parties as are brought before the court shall be condemned in such action. If the easement or right-of-way claimed extends in or through more counties than one, the whole right and controversy may be heard and determined in any county into or through which such right-of-way extends, except as herein otherwise provided.

History.—s. 1, ch. 65-369.

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Amendments to 73.161

Arrestable Offenses / Crimes under Fla. Stat. 73.161

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.161.

Annotations, Discussions, Cases:

Cases Citing Statute 73.161

Total Results: 11

Davis v. MCI Telecommunications Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-10-22

Citation: 606 So. 2d 734, 1992 WL 301304

Snippet: and 7 of Ch. 5211, as amended, Florida Statute § 73.161 (1989), expressly admit telegraph lines to the

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-12-12

Snippet: state misdemeanor or felony statutes. Cf. AGO's 073-161 and 074-240 and City of Fort Lauderdale v. Byrd

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-08-28

Snippet: state misdemeanor or felony statutes. Cf. AGO 073-161 and City of Fort Lauderdale v. Byrd, 242 So.2d

Stipp v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-02-07

Citation: 355 So. 2d 1217

Snippet: [1] See also Opinion of the Attorney General 073-161. [2] State v. Knapp, 294 So.2d 338 (Fla. 2d DCA

Estate of Hampton v. Fairchild-Fla. Const. Co.

Court: Supreme Court of Florida | Date Filed: 1976-11-12

Citation: 341 So. 2d 759

Snippet: telegraph companies. See generally Sections 73.151 and 73.161, Florida Statutes (1975).

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-03-23

Snippet: state. The Legislature amended s. 316.184 by Chs. 73-161 and 73-366, Laws of Florida, and in enacting these

Martin v. Ritcheson

Court: District Court of Appeal of Florida | Date Filed: 1975-01-06

Citation: 306 So. 2d 582

Snippet: Accident and Indemnity Company, 1968, 274 N.C. 73, 161 S.E.2d 552; and Grant v. State Farm Mutual Automobile

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-08-08

Snippet: and felony statutes. Attorney General Opinions 073-161 and 070-183. However, the practical benefit of

Liles v. State

Court: District Court of Appeal of Florida | Date Filed: 1973-07-10

Citation: 280 So. 2d 531, 1973 Fla. App. LEXIS 10619

Snippet: Appeal from Circuit Court, Broward County; Raymond J. Hare, Judge. Appeal dismissed.

Pierce v. Rayburn

Court: District Court of Appeal of Florida | Date Filed: 1973-05-29

Citation: 277 So. 2d 613, 1973 Fla. App. LEXIS 10450

Snippet: Appeal dismissed.

Palacios v. Palacios

Court: District Court of Appeal of Florida | Date Filed: 1973-03-21

Citation: 275 So. 2d 618, 1973 Fla. App. LEXIS 10188

Snippet: PER CURIAM. Appeal dismissed.