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: Fla. Dist. Ct. App. | Date Filed: 2015-03-06T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-11-20T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2006-08-11T00:00:00-07:00

Citation: 936 So. 2d 55

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

Sarasota County v. Curry

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-12T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2001-08-10T00:00:00-07:00

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

Florida Water Services Corp. v. Utilities Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-22T00:53:00-07:00

Citation: 790 So. 2d 501

Snippet: required by section 74.031.[2] Specifically, Florida Water contends that section 74.031 requires the estimate…the enactment of section 74.031 in 1965 and has never been modified. See § 74.031, Fla. Stat. (2000); Ch…based on a valid appraisal as required by section 74.031, Florida Statutes (1999); (2) the Utilities Commission…taking authority to file a declaration of taking. § 74.031, Fla. Stat. (1999). The declaration of taking must…believe that when the Legislature wrote section 74.031, it intended to incorporate or refer to a statute

State v. Barbara's Creative Jewelry

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-24T00:53:00-07:00

Citation: 728 So. 2d 240

Snippet: appraisal, of the property sought to be taken. See § 74.031, Fla. Stat. (1995). After service on the defendants…A TRIAL COURT DENY A QUICK TAKING UNDER SECTION 74.031, FLORIDA STATUTES, AND DEFER THE QUESTION OF THE

Pierpont v. Lee County

Court: Fla. | Date Filed: 1998-03-11T23:53:00-08:00

Citation: 710 So. 2d 958

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

Lee County v. Pierpont

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-23T23:53:00-08:00

Citation: 693 So. 2d 994

Snippet: county attorney also filed, pursuant to section 74.031, Florida Statutes (1993), a Declaration of Taking…faith estimate of value" required by section 74.031 with the "written offer" contemplated…faith estimate contained in and required by section 74.031. It does not. On the contrary, section 73.092 uses…good faith and was based upon a valid appraisal. § 74.031, Fla.Stat. (1981), Valleybrook Developers, Inc.

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

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-30T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1992-01-23T23:53:00-08:00

Citation: 594 So. 2d 789

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

Broward County v. Carney

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-04T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1991-04-30T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1989-01-09T23:53:00-08:00

Citation: 536 So. 2d 1181

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: Fla. | Date Filed: 1987-12-10T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1982-11-02T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1982-09-08T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1980-09-23T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1980-06-11T00:53:00-07:00

Citation: 384 So. 2d 916

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