Florida Statutes

Fla. Stat. § 74.051 (2025)

Hearing on order of taking.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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74.051 Hearing on order of taking.—

(1) If a defendant requests a hearing pursuant to s. 74.041(3), said defendant may appear and be heard on all matters properly before the court which may be determined prior to the entry of the order of taking, including the jurisdiction of the court, the sufficiency of pleadings, whether the petitioner is properly exercising its delegated authority, and the amount to be deposited for the property sought to be appropriated. Any defendant failing to file a request for hearing shall waive any right to object to the order of taking, and title shall be vested in the petitioner, upon deposit as hereinafter provided, which date shall be the date of valuation.

(2) If a hearing is requested, the court shall make such order as it deems proper, securing to all parties the rights to which they may be entitled, not inconsistent with the provisions of this section. The court may make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, amount of the good faith deposit, and other charges, if any, as shall be just and equitable. If the court finds that the petitioner is entitled to possession of the property prior to final judgment, it shall enter an order requiring the petitioner to deposit in the registry of the court such sum of money as will fully secure and fully compensate the persons entitled to compensation as ultimately determined by the final judgment. Said deposit shall not be less than the amount of the petitioner’s estimate of value, if the petitioner be the state or any agency thereof, any county, the city, or other public body; otherwise, double the amount of petitioner’s estimate of value.

(3) If a defendant requests a hearing pursuant to s. 74.041(3) and the petitioner is an electric utility that is seeking to appropriate property necessary for an electric generation plant, an associated facility of an electric generation plant, an electric substation, or a power line, it is the intent of the Legislature that the court, when practicable, conduct the hearing no more than 120 days after the petition is filed and issue its order of taking no more than 30 days after the conclusion of the hearing.

(4) The court may fix the time within which and the terms upon which the defendants shall be required to surrender possession to the petitioner, which time of possession shall be upon deposit for those defendants failing to file a request for hearing as provided herein. The order of taking shall not become effective unless the deposit of the required sum is made in the registry of the court. If the deposit is not made within 20 days from the date of the order of taking, the order shall be void and of no further effect. The clerk is authorized to invest such deposits so as to earn the highest interest obtainable under the circumstances in state or national financial institutions in Florida insured by the Federal Government. Ninety percent of the interest earned shall be allocated in accordance with the ultimate ownership in the deposit.

History.—s. 4, ch. 65-369; s. 1, ch. 67-34; ss. 1, 3, ch. 67-370; s. 1, ch. 70-365; s. 2, ch. 82-117; s. 39, ch. 85-180; s. 1, ch. 2008-227; s. 1, ch. 2013-23.

Notes of Decisions

Cited in 39 cases, 1967–2015 · leading case: Taylor v. Tampa Elec. Co., 356 So. 2d 260 (Fla. 1978).

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Taylor v. Tampa Elec. Co., 356 So. 2d 260 (Fla. 1978). · cites it 10× “the legislative intent in changing the language of Fla. Stat. § 74.051 (3) was to allow the clerk of the court to make investments and not to authorize the collection of commissions.”

Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough Cnty., 150 So. 3d 239 (Fla. 2d DCA 2014). · cites it 10× “Livingston argues that the funds placed on deposit with the Clerk during the eminent domain proceedings pursuant to section 74.051, Florida Statutes (2007), became his property when title to the real property vested in the City pursuant to section 74.”

Brock v. Bowein, 99 So. 3d 580 (Fla. 2d DCA 2012). · cites it 7× “The School Board is a governmental body that possesses the power of eminent domain, and, which, pursuant to Section 74.051( [3]), F.S., is entitled to ninety percent (90%) of the investment interest monies currently held in the registry of the court in the Quick Taking Case as…”

McMurrer v. Marion Cnty., 936 So. 2d 19 (Fla. 5th DCA 2006). · cites it 9× “Since the Legislature specifically opted to use the word “order,” not “proceeding”, in its quick-take statute, it would be improper for this court to interpret section 74.051 broadly so as to void the entire proceeding below.”

Florida Water Servs. Corp. v. Utils. Com'n, 790 So. 2d 501 (Fla. 5th DCA 2001). · cites it 6× “Florida Water next argues that the Utilities Commission was required to amend its declaration of taking to reflect the changes in its estimate of value.”

Sys. Components Corp. v. Florida Deparment of Transp., 14 So. 3d 967 (Fla. 2009). “Pursuant to section 74.051(2) and a stipulated order of taking entered on July 13, 2004, FDOT deposited into the circuit-court registry a good-faith estimate of the “full compensation” due to System Components under article X, section 6 of the Florida Constitution (i.”

Florida Dep't of Transp. v. Mallards Cove, LLP, 159 So. 3d 927 (Fla. 2d DCA 2015). · cites it 7× “” § 74.051(2). Upon making the deposit, the petitioner is vested with title and takes possession of the property and, in exchange, the right to full compensation for the property vests in the property owner.”

Clark v. Gulf Power Co., 198 So. 2d 368 (Fla. 1st DCA 1967). · cites it 3× “[6] Section 74.051, Florida Statutes, F.S.A. [7] Florida Power Corp.”

Hatch v. Minot, 369 So. 2d 974 (Fla. 2d DCA 1979). · cites it 2× “At the hearing the trial judge granted the request for quick taking and directed the condemning authority, as required by Section 74.051(2), to deposit the sum of ,600 into the registry of the court.”

Crigger v. Florida Power Corp., 469 So. 2d 941 (Fla. 5th DCA 1985). · cites it 2× “than through the formal exercise of the power of eminent domain in an action instituted by defendant under Chapters 73 and 74, Florida Statutes, the taking in this case occurred when Florida Power Corporation first actually used the plaintiff's property without the plaintiff's…”

Pierpont v. Lee Cnty., 710 So. 2d 958 (Fla. 1998). · cites it 2× “§ 74.051, Fla. Stat. (1993). Upon motion, the court may permit the landowner to withdraw such funds pending entry of the final judgment.”

Seadade Indus., Inc. v. Florida Power & Light Co., 245 So. 2d 209 (Fla. 1971). · cites it 2× “Hearings on the Declaration were entertained by the Circuit Court, Dade County, in accord with Fla. Stat. § 74.051 , F.S.A., and subsequently, by Order of that Court, upon payment of proper deposit, title of the condemned land vested in the Utility under Fla.”

Show all 39 citing cases →

— 74.051(1) — 2 cases

City of Lakeland v. Bunch, 293 So. 2d 66 (Fla. 1974).

Kirchhoff v. South Florida Water Mgmt. Dist., 805 So. 2d 848 (Fla. 2d DCA 2001).

— 74.051(2) — 13 cases

Florida Water Servs. Corp. v. Utils. Com'n, 790 So. 2d 501 (Fla. 5th DCA 2001). “Florida Water next argues that the Utilities Commission was required to amend its declaration of taking to reflect the changes in its estimate of value.”

Brock v. Bowein, 99 So. 3d 580 (Fla. 2d DCA 2012). “The School Board is a governmental body that possesses the power of eminent domain, and, which, pursuant to Section 74.051( [3]), F.S., is entitled to ninety percent (90%) of the investment interest monies currently held in the registry of the court in the Quick Taking Case as…”

State v. Barbara's Creative Jewelry, 728 So. 2d 240 (Fla. 4th DCA 1998).

Hatch v. Minot, 369 So. 2d 974 (Fla. 2d DCA 1979). “At the hearing the trial judge granted the request for quick taking and directed the condemning authority, as required by Section 74.051(2), to deposit the sum of ,600 into the registry of the court.”

— 74.051(3) — 9 cases

Taylor v. Tampa Elec. Co., 356 So. 2d 260 (Fla. 1978). “the legislative intent in changing the language of Fla. Stat. § 74.051 (3) was to allow the clerk of the court to make investments and not to authorize the collection of commissions.”

McMurrer v. Marion Cnty., 936 So. 2d 19 (Fla. 5th DCA 2006). “Since the Legislature specifically opted to use the word “order,” not “proceeding”, in its quick-take statute, it would be improper for this court to interpret section 74.051 broadly so as to void the entire proceeding below.”

Bauer v. Resolution Trust Corp., 621 So. 2d 521 (Fla. 4th DCA 1993).

— 74.051(4) — 3 cases

Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough Cnty., 150 So. 3d 239 (Fla. 2d DCA 2014). “Livingston argues that the funds placed on deposit with the Clerk during the eminent domain proceedings pursuant to section 74.051, Florida Statutes (2007), became his property when title to the real property vested in the City pursuant to section 74.”

Florida Dep't of Transp. v. Mallards Cove, LLP, 159 So. 3d 927 (Fla. 2d DCA 2015). “” § 74.051(2). Upon making the deposit, the petitioner is vested with title and takes possession of the property and, in exchange, the right to full compensation for the property vests in the property owner.”

— 74.051(B) — 1 case

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