Florida Statute 74.041 | 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. 74.041

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

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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 Citing Statute 74.041

Total Results: 12

Demings v. Orange County Citizens Review Board

Court: District Court of Appeal of Florida | Date Filed: 2009-05-29

Citation: 15 So. 3d 604, 2009 Fla. App. LEXIS 6554, 2009 WL 1490778

Snippet: separate preemption analysis. [7] Op. Att'y Gen. Fla. 74-41 (1974); Op. Att'y Gen. Fla. 97-62 (1997). [8] Timoney

Richman Greer Weil Brumbaugh Mirabito & Christensen, PA v. Chernak

Court: District Court of Appeal of Florida | Date Filed: 2008-03-12

Citation: 991 So. 2d 875, 2008 WL 649232

Snippet: the Richman firm was seeking for fees and costs, $74,041, and added a claim for interest and a claim for

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: If a defendant requests a hearing pursuant to s. 74.041(3), said defendant may appear and be heard on all

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

Court: District Court of Appeal of Florida | Date Filed: 1990-06-19

Citation: 562 So. 2d 851, 1990 Fla. App. LEXIS 4390

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

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

Court: District Court of Appeal of Florida | Date Filed: 1990-06-19

Citation: 562 So. 2d 850, 1990 Fla. App. LEXIS 4395

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

Venable v. Grandeur Arabians

Court: District Court of Appeal of Florida | Date Filed: 1985-02-27

Citation: 464 So. 2d 625, 10 Fla. L. Weekly 501

Snippet: weekly wage was $183.33 plus $11.54 insurance and $74.41 per week housing and utilities or a total of $269

Hatch v. Minot

Court: District Court of Appeal of Florida | Date Filed: 1979-03-14

Citation: 369 So. 2d 974

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

Frazee v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-10-21

Citation: 320 So. 2d 462

Snippet: Appellant, v. The STATE of Florida, Appellee. Nos. 74-41, 75-194. District Court of Appeal of Florida, Third

Rowe v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-04-02

Citation: 310 So. 2d 40, 1975 Fla. App. LEXIS 13948

Snippet: PER CURIAM. This case at first gave us pause contributed to in no small measure by the persuasive argument and articulate brief of counsel for appellant. However, upon a careful review of the record herein, we think reversible error has not been made clearly to appear. Accordingly, the judgment appealed from should be and it is hereby affirmed. McNULTY, C. J., and GRIMES, J., and SIDWELL, BENJAMIN C., Associate Judge, concur.

Schaffer v. State

Court: District Court of Appeal of Florida | Date Filed: 1974-06-18

Citation: 296 So. 2d 569, 1974 Fla. App. LEXIS 6992

Snippet: PER CURIAM. The appellant was tried before a jury and convicted of (1) breaking and entering a dwelling with intent to commit grand larceny, (2) grand larceny and (3) robbery. He was sentenced therefor to imprisonment for five years, fifteen years and twenty-five years respectively, to be served concurrently. The defendant filed a timely motion for a new trial on the ground of incompetent handling of his case by his privately employed attorney. On July 19, 1973, the trial court granted the motion

Wise v. Barnes

Court: District Court of Appeal of Florida | Date Filed: 1974-04-05

Citation: 292 So. 2d 640, 1974 Fla. App. LEXIS 10413

Snippet: Appeal from Circuit Court, Palm Beach County; James R. Stewart, Jr., Judge. Appeal dismissed.

City of Lakeland v. Bunch

Court: Supreme Court of Florida | Date Filed: 1974-04-03

Citation: 293 So. 2d 66

Snippet: Florida Statutes, Sections 73.021, 73.031, 74.031 and 74.041, F.S.A. to be unconstitutional. We have jurisdiction