Florida Statute 74.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 74
PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN

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F.S. 74.031

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.

F.S. 74.031 on Google Scholar

F.S. 74.031 on Casetext

Amendments to 74.031

Arrestable Offenses / Crimes under Fla. Stat. 74.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 74.031.

Annotations, Discussions, Cases:

Cases Citing Statute 74.031

Total Results: 20

Florida Department of Transportation v. Mallards Cove, LLP

Court: District Court of Appeal of Florida | Date Filed: 2015-03-06

Citation: 159 So. 3d 927, 2015 WL 968710

Snippet: value of the land into the registry of the court. § 74.031.... [T]he trial court enters an order allowing

Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough County

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 150 So. 3d 239, 2014 WL 3734284, 2014 Fla. App. LEXIS 11613

Snippet: value of the land into the registry of the court. § 74.031. Upon a finding that the petitioner is entitled

Florida Department of Agriculture & Consumer Services v. Bogorff

Court: District Court of Appeal of Florida | Date Filed: 2013-11-20

Citation: 132 So. 3d 249, 2013 WL 6082242, 2013 Fla. App. LEXIS 18418

Snippet: faith estimate of value filed pursuant to section 74.031 constituted a written offer within the meaning

Osceola County v. Best Diversified, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-08-11

Citation: 936 So. 2d 55, 2006 Fla. App. LEXIS 13412, 2006 WL 2346472

Snippet: that the term "valid appraisal," found in section 74.031, Florida Statutes, was not required to be performed

Sarasota County v. Curry

Court: District Court of Appeal of Florida | Date Filed: 2003-12-12

Citation: 861 So. 2d 1239, 2003 Fla. App. LEXIS 18808, 2003 WL 22927470

Snippet: value of the property based on a valid appraisal. § 74.031, Fla. Stat. (1995). If the court decides that the

Kirchhoff v. South Florida Water Management District

Court: District Court of Appeal of Florida | Date Filed: 2001-08-10

Citation: 805 So. 2d 848, 2001 Fla. App. LEXIS 11262, 2001 WL 898532

Snippet: (SFWMD) petition for taking filed under section 74.031, Florida Statutes (2000). We treat the petitioner’s

Florida Water Services Corp. v. Utilities Com'n

Court: District Court of Appeal of Florida | Date Filed: 2001-06-22

Citation: 790 So. 2d 501, 2001 Fla. App. LEXIS 8486, 2001 WL 699017

Snippet: based on a valid appraisal as required by section 74.031, Florida Statutes (1999); (2) the Utilities Commission

State v. Barbara's Creative Jewelry

Court: District Court of Appeal of Florida | Date Filed: 1998-06-24

Citation: 728 So. 2d 240, 1998 WL 329456

Snippet: appraisal, of the property sought to be taken. See § 74.031, Fla. Stat. (1995). After service on the defendants

Pierpont v. Lee County

Court: Supreme Court of Florida | Date Filed: 1998-03-12

Citation: 710 So. 2d 958, 1998 WL 107949

Snippet: chapter 74, Florida Statutes. Pursuant to section 74.031, Florida Statutes (1993), the county made a good-faith

Lee County v. Pierpont

Court: District Court of Appeal of Florida | Date Filed: 1997-01-24

Citation: 693 So. 2d 994, 1997 WL 24312

Snippet: county attorney also filed, pursuant to section 74.031, Florida Statutes (1993), a Declaration of Taking

Shannon Properties, Inc. v. Tampa-Hillsborough County Expressway Authority ex rel. State, Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1992-09-30

Citation: 605 So. 2d 594, 1992 Fla. App. LEXIS 10306, 1992 WL 251416

Snippet: requisite good faith estimate of value. Section 74.031, Fla.Stat. (1991). We affirm. State Road Dep’t

Florida Power Corp. v. Lynn

Court: District Court of Appeal of Florida | Date Filed: 1992-01-24

Citation: 594 So. 2d 789, 1992 WL 9722

Snippet: C. began its condemnation action under section 74.031, Florida Statutes (1983), to acquire the property

Broward County v. Carney

Court: District Court of Appeal of Florida | Date Filed: 1991-09-04

Citation: 586 So. 2d 425, 1991 Fla. App. LEXIS 8559, 1991 WL 167851

Snippet: the entry of final judgment. Pursuant to section 74.031, Florida Statutes, the declaration of taking also

Capo Investment Group Corp. v. State, Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1991-04-30

Citation: 578 So. 2d 513, 1991 Fla. App. LEXIS 3920, 1991 WL 65971

Snippet: made in good faith based on a valid appraisal. §§ 74.031, 74.-051(2), Fla.Stat. (1987). It should be noted

DIV. OF ADMIN., STATE, DOT v. Grossman

Court: District Court of Appeal of Florida | Date Filed: 1989-01-10

Citation: 536 So. 2d 1181, 1989 WL 600

Snippet: faith estimate of the value of the land. Section 74.031. The trial court, following a hearing upon request

Florida Bar v. Belmont

Court: Supreme Court of Florida | Date Filed: 1987-12-10

Citation: 516 So. 2d 255, 12 Fla. L. Weekly 610, 1987 Fla. LEXIS 2566, 1987 WL 2755

Snippet: another trust account check in the amount of $25,074.31; and (e) although respondent made a deposit into

Florida East Coast Ry. Co. v. Broward Cty.

Court: District Court of Appeal of Florida | Date Filed: 1982-11-03

Citation: 421 So. 2d 681

Snippet: good faith and was based upon a valid appraisal. § 74.031, Fla. Stat. (1981), Valleybrook Developers, Inc

Florida Cast Stone v. Dehart

Court: District Court of Appeal of Florida | Date Filed: 1982-09-08

Citation: 418 So. 2d 1271

Snippet: compensation rate. The deputy fixed that rate at $74.31 per week; the carrier devotes five pages of its

Division of Administration, State, Department of Transportation v. Dade County

Court: District Court of Appeal of Florida | Date Filed: 1980-09-23

Citation: 388 So. 2d 326, 1980 Fla. App. LEXIS 17664

Snippet: upon a valid appraisal of each parcel . . .” § 74.031, Fla.Stat. (1979). If and when the court determines

Department of Transp. v. Burnette

Court: District Court of Appeal of Florida | Date Filed: 1980-06-11

Citation: 384 So. 2d 916, 1980 Fla. App. LEXIS 16911

Snippet: 1st DCA 1959). [3] Florida Statutes, §§ 73.021, 74.031 (1979); Tosohatchee Game Preserve, Inc. v. Central