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Florida Statute 74.41 - Full Text and Legal Analysis
Florida Statute 74.041 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

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 CourtListener

Amendments to 74.041


Annotations, Discussions, Cases:

Cases Citing Statute 74.041

Total Results: 4

Georgia State Conference of Branches of Naacp, Mary Alice Covin, Mary Laurant, Sylvia Dennis, and Naomi Tucker v. State of Georgia

775 F.2d 1403, 1985 U.S. App. LEXIS 24517

Court of Appeals for the Eleventh Circuit | Filed: Oct 29, 1985 | Docket: 1094578

Cited 86 times | Published

& L. Larson, Employment Discrimination § 74.41, p. 14-57 (1984). 34 . There is

Hatch v. Minot

369 So. 2d 974

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 169512

Cited 5 times | Published

on the request for quick taking pursuant to Section 74.041. The mortgagee, however, did not appear at

A Flair for Hair, Inc. v. State, Department of Transportation

562 So. 2d 851, 1990 Fla. App. LEXIS 4390, 1990 WL 82531

District Court of Appeal of Florida | Filed: Jun 19, 1990 | Docket: 64651066

Published

set in violation of the time requirements of section 74.041(3), Florida Statutes (1989). We vacate the

Rudy's Sirloin Steakburgers, Inc. v. State, Department of Transportation

562 So. 2d 850, 1990 Fla. App. LEXIS 4395, 1990 WL 82530

District Court of Appeal of Florida | Filed: Jun 19, 1990 | Docket: 64651065

Published

set in violation of the time requirements of section 74.041(3), Florida Statutes (1989). We vacate the