74.031
Declaration of taking; contents.
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74.031 Declaration of taking; contents.—Those having the right to take possession and title in advance of the entry of final judgment in eminent domain actions, as provided by law, may file, either with the petition or at any time prior to the entry of final judgment, a declaration of taking signed by the petitioner, or its duly authorized agent or attorney, stating that the property sought to be appropriated is thereby taken for the use set forth in the petition. The petitioner shall make a good faith estimate of value, based upon a valid appraisal of each parcel in the proceeding, which shall be made a part of the declaration of taking.
History.—s. 4, ch. 65-369.
Notes of Decisions
Cited in 22
cases, 1970–2015 · leading case: Florida Water Services Corp. v. Utilities Com'n
Florida Water Services Corp. v. Utilities Com'n (2001)
“§ 74.031, Fla. Stat. (1999). The declaration of taking must *503 include a good faith estimate of value, which must be based on a valid appraisal of each parcel in the proceeding.”
Lee County v. Pierpont (1997)
“§ 74.031, Fla.Stat. (1981), Valleybrook Developers, Inc.”
Osceola County v. Best Diversified, Inc. (2006)
“*78 In Florida Water Services , this Court held that the term "valid appraisal," found in section 74.031, Florida Statutes, was not required to be performed by a certified M.”
Florida East Coast Ry. Co. v. Broward Cty. (1982)
“§ 74.031, Fla. Stat. (1981), Valleybrook Developers, Inc.”
Florida Power Corp. v. Lynn (1992)
“began its condemnation action under section 74.031, Florida Statutes (1983), to acquire the property necessary to construct a 500 kilovolt (500 KV) transmission line through Pinellas, Hillsborough and Pasco Counties.”
Pierpont v. Lee County (1998)
“Pursuant to section 74.031, Florida Statutes (1993), the county made a good-faith estimate of value at ,000 in its declaration.”
Seadade Industries, Inc. v. Florida Power & Light Co. (1971)
“; a Declaration of Taking was filed pursuant to Fla. Stat. § 74.031 , F.S.A. Hearings on the Declaration were entertained by the Circuit Court, Dade County, in accord with Fla.”
Sarasota County v. Curry (2003)
“§ 74.031, Fla. Stat. (1995). If the court decides that the condemning authority is entitled to possession of the land before final judgment, it will order the condemning authority to deposit a sum not less than the good faith estimate of value into the court registry.”
State v. Barbara's Creative Jewelry (1998)
“See § 74.031, Fla. Stat. (1995). After service on the defendants in the condemnation action, if a defendant requests a hearing, the court may determine, among other matters, whether the department is properly exercising its delegated authority and determine whether the amount to…”
Katz v. Dade County (1979)
“” (emphasis supplied) 1 The declaration of taking, filed pursuant to § 74.031, Fla.Stat. (1975), stated similarly: “.”
Seadade Industries, Inc. v. Florida Power & Light Co. (1970)
“It sought fee simple title to a strip of real property, owned by Seadade, approximately 4 1/2 miles long and 660 feet wide, to be used partially as a canal for a circulating and cooling water system in connection with its generating plant at Turkey Point, Florida.”
Valleybrook Developers, Inc. v. Gulf Power Company (1973)
“: Was there substantial evidence to support the finding of the Circuit Court of Santa Rosa County, Florida, that the respondent had *169 made a good faith estimate of the value of each parcel in the proceeding? Section 74.031, Florida Statutes, F.S.A., entitled "Declaration of…”
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