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Florida Statute 74.041 | Lawyer Caselaw & Research
F.S. 74.041 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 74.041

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 74
PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN
View Entire Chapter
F.S. 74.041
74.041 Process; service and publication.
(1) Upon the filing of the declaration of taking, the clerk of the court shall issue a summons to show cause to the defendants, containing the names of all defendants named in the petition, notifying them that the petitioner will petition for an order of taking on a specified date. A copy of the summons to show cause and the declaration of taking shall be served upon all resident defendants in the manner provided by law for service of original process in eminent domain actions, and not less than 20 days prior to the date specified.
(2) If any defendant is alleged to be a nonresident of the state, or if the name or address of any defendant is alleged to be unknown, or if personal service cannot be had upon any defendant for any other reason, the clerk of the court shall cause the summons to show cause to be published one time, not less than 20 days prior to the date specified in the petition, in some newspaper published in the county; however, if the petitioner is a municipality and a newspaper is published therein, the summons shall be published in such a newspaper. The clerk shall mail a copy of the summons to show cause and the declaration of taking to each out-of-state defendant at the address set forth in the petition. The clerk shall file a certificate of mailing, which, together with proof of publication, shall constitute effective service as to these defendants. The failure of any party to receive the summons by mail shall not invalidate the proceedings of the court or any order made pursuant to this chapter.
(3) The petition date provided in this section may be combined with the summons to show cause and the published summons provided in s. 73.031, but in no event shall the petition date provided in this section be noticed for a date earlier than 1 day following the date specified in the summons to show cause and the published summons provided in s. 73.031 for the defendants to serve written defenses to the petition in eminent domain proceedings and, if a defendant requests, a hearing on the petition for order of taking.
History.s. 4, ch. 65-369, s. 1, ch. 70-286; s. 38, ch. 85-180.

F.S. 74.041 on Google Scholar

F.S. 74.041 on Casetext

Amendments to 74.041


Arrestable Offenses / Crimes under Fla. Stat. 74.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 74.041.



Annotations, Discussions, Cases:

Cases from cite.case.law:

E. KIRCHHOFF, E. Jr. v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, L. B. S. W. B. J. S., 805 So. 2d 848 (Fla. Dist. Ct. App. 2001)

. . . Section 74.051(1), Florida Statutes (2000), states: If a defendant requests a hearing pursuant to s. 74.041 . . .

RUDY S SIRLOIN STEAKBURGERS, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 562 So. 2d 850 (Fla. Dist. Ct. App. 1990)

. . . correctly that its eminent domain hearing was set in violation of the time requirements of section 74.041 . . .

A FLAIR FOR HAIR, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 562 So. 2d 851 (Fla. Dist. Ct. App. 1990)

. . . correctly that its eminent domain hearing was set in violation of the time requirements of section 74.041 . . .

J. HATCH M. Jr. v. MINOT,, 369 So. 2d 974 (Fla. Dist. Ct. App. 1979)

. . . petition together with summons and a notice of hearing on the request for quick taking pursuant to Section 74.041 . . .

CITY OF LAKELAND, a v. O. BUNCH, 293 So. 2d 66 (Fla. 1974)

. . . of a final judgment of the trial court finding Florida Statutes, Sections 73.021, 73.031, 74.031 and 74.041 . . .

CITY OF LAKELAND v. BUNCH,, 39 Fla. Supp. 185 (Polk Cty. Cir. Ct. 1973)

. . . Florida Statutes, and in accord with the procedural requirements of §§73.021 and 73.031, and §§74.031 and 74.041 . . . pleadings and process served upon the defendant landowners pursuant to §§73.021 and 73.031 and §§74.031 and 74.041 . . . therefore ordered and adjudged — (1) Florida Statutes 73.021 and 73.031 and Florida Statutes 74.031 and 74.041 . . .