Florida Statute 74.31 - Full Text and Legal Analysis

The 2025 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

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Amendments to 74.031

Annotations, Discussions, Cases:

Cases Citing Statute 74.031

Total Results: 22

Osceola County v. Best Diversified, Inc.

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

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1161611

Cited 11 times | Published

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

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

421 So. 2d 681

District Court of Appeal of Florida | Filed: Nov 3, 1982 | Docket: 1719324

Cited 9 times | Published

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

Seadade Industries, Inc. v. Florida Power & Light Co.

245 So. 2d 209, 2 ERC 1223, 1 Envtl. L. Rep. (Envtl. Law Inst.) 20214, 47 A.L.R. 3d 1255, 2 ERC (BNA) 1223, 1971 Fla. LEXIS 3956

Supreme Court of Florida | Filed: Feb 3, 1971 | Docket: 1356235

Cited 8 times | Published

Declaration of Taking was filed pursuant to Fla. Stat. § 74.031, F.S.A. Hearings on the Declaration were entertained

Florida Power Corp. v. Lynn

594 So. 2d 789, 1992 WL 9722

District Court of Appeal of Florida | Filed: Jan 24, 1992 | Docket: 1741962

Cited 5 times | Published

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

Valleybrook Developers, Inc. v. Gulf Power Company

272 So. 2d 167

District Court of Appeal of Florida | Filed: Jan 25, 1973 | Docket: 1644231

Cited 5 times | Published

the value of each parcel in the proceeding? Section 74.031, Florida Statutes, F.S.A., entitled "Declaration

Lee County v. Pierpont

693 So. 2d 994, 1997 WL 24312

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1524494

Cited 4 times | Published

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

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

536 So. 2d 1181, 1989 WL 600

District Court of Appeal of Florida | Filed: Jan 10, 1989 | Docket: 1760001

Cited 4 times | Published

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

General Guaranty Insurance Company v. Moore

143 So. 2d 541

District Court of Appeal of Florida | Filed: Aug 1, 1962 | Docket: 1693512

Cited 4 times | Published

Volume 2 of his treatise on Workmen's Compensation, § 74.31, p. 209: "Under most subrogation statutes the payor

Pierpont v. Lee County

710 So. 2d 958, 1998 WL 107949

Supreme Court of Florida | Filed: Mar 12, 1998 | Docket: 1445194

Cited 3 times | Published

by chapter 74, Florida Statutes. Pursuant to section 74.031, Florida Statutes (1993), the county made a

Security Mutual Casualty Co. v. Grice

172 So. 2d 834

District Court of Appeal of Florida | Filed: Mar 17, 1965 | Docket: 1764716

Cited 3 times | Published

Volume 2 of his treatise on Workmen's Compensation, § 74.31, p. 209: "`Under most subrogation statutes the

Florida Department of Transportation v. Mallards Cove, LLP

159 So. 3d 927, 2015 WL 968710

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60246711

Cited 2 times | Published

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

Florida Water Services Corp. v. Utilities Com'n

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

District Court of Appeal of Florida | Filed: Jun 22, 2001 | Docket: 1411601

Cited 2 times | Published

not based on a valid appraisal as required by section 74.031, Florida Statutes (1999); (2) the Utilities

Seadade Industries, Inc. v. Florida Power & Light Co.

232 So. 2d 46, 1 ERC 1146, 1 ERC (BNA) 1146, 1970 Fla. App. LEXIS 6756

District Court of Appeal of Florida | Filed: Feb 18, 1970 | Docket: 1229952

Cited 2 times | Published

together with a Declaration of Taking. Fla. Stat. § 74.031, F.S.A. It sought fee simple title to a strip

State v. Barbara's Creative Jewelry

728 So. 2d 240, 1998 WL 329456

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1673895

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 433558

Published

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

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

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60238388

Published

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

Sarasota County v. Curry

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

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 64827208

Published

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

Kirchhoff v. South Florida Water Management District

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

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 64811937

Published

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

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

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

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670061

Published

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

Broward County v. Carney

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

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 64661764

Published

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

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

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

District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 64578183

Published

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

Katz v. Dade County

367 So. 2d 277, 1979 Fla. App. LEXIS 14447

District Court of Appeal of Florida | Filed: Feb 13, 1979 | Docket: 64568443

Published

supplied)1 The declaration of taking, filed pursuant to § 74.031, Fla.Stat. (1975), stated similarly: “. . . that