Florida Statute 74.051 | 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. 74.051

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.

F.S. 74.051 on Google Scholar

F.S. 74.051 on Casetext

Amendments to 74.051

Arrestable Offenses / Crimes under Fla. Stat. 74.051

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 74.051.

Annotations, Discussions, Cases:

Cases Citing Statute 74.051

Total Results: 20

Florida Department of Transportation v. Mallards Cove, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-06T00:00:00-08:00

Citation: 159 So. 3d 927, 2015 WL 968710

Snippet: reference will be to section 74.051(4). .The last sentence of section 74.051(4) has since been amended,…ultimately determined by the final judgment.” § 74.051(2). Upon making the deposit, the petitioner is …elected to invest the funds as permitted by section 74.051(4),3 which stated in pertinent part: “The clerk…and retained ten percent, as provided by section 74.051(4). The eminent domain case was *931concluded pursuant…now on appeal, seeking a declaration that section 74.051(4) of the quick-take eminent domain statute is

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:00:00-07:00

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

Snippet: sole prerogative pursuant to section 74.051(4). Section 74.051(4) stated in pertinent part: “The clerk… eminent domain proceedings pursuant to section 74.051, Florida Statutes (2007), became his property when…ultimately determined by the final judgment.” § 74.051(2). Upon making the deposit, the petitioner is …section 28.38, Florida Statutes (2007), and section 74.051(4), and transferred the remaining ninety percent… interest to the City, as authorized by section 74.051(4). Mr. Livingston and the City agreed to

Brock v. Bowein

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-17T00:00:00-07:00

Citation: 99 So. 3d 580, 2012 Fla. App. LEXIS 18059, 2012 WL 4900823

Snippet: interest. Section 74.051(3) specifically authorized the Clerk to invest the funds. Section 74.051(B) provides…into the court registry in accordance with section 74.051(2), Florida Statutes (2005). The Clerk received…eminent domain, and, which, pursuant to Section 74.051( [3]), F.S., is entitled to ninety percent (90%…a registry deposit was made pursuant to Section 74.051(4), Fla. Stat., and who has [sic] not received …statute now appears in subsection (4) of section 74.051. The statute was amended effective July 1, 2008

Southwest Florida Water Management District v. Shea

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-27T00:00:00-07:00

Citation: 86 So. 3d 582, 2012 Fla. App. LEXIS 6608, 2012 WL 1448560

Snippet: 584taking and requested a hearing pursuant to section 74.051, Florida Statutes (2009). At the order of taking

System Components Corp. v. Florida Deparment of Transportation

Court: Fla. | Date Filed: 2009-07-09T00:00:00-07:00

Citation: 14 So. 3d 967, 34 Fla. L. Weekly Supp. 393, 2009 Fla. LEXIS 1026, 2009 WL 1955233

Snippet: judgment.” (emphasis supplied)). Pursuant to section 74.051(2) and a stipulated order of taking entered on

McMurrer v. Marion County

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-16T00:00:00-07:00

Citation: 936 So. 2d 19, 2006 Fla. App. LEXIS 9800, 2006 WL 1649053

Snippet: DCA 1998). . Section 74.051(3) of the Florida Statutes (2005) provides: 74.051. Hearing on order of taking…court within 20 days, as is required by section 74.051(3) of the Florida Statutes (2005).2 Of importance…pursuant to the specific language set forth in section 74.051(3) of the Florida Statutes, the County’s failure…entry of a final eminent domain judgment. Section 74.051(3) states that a quick-take order “shall not become…order shall be void and of no further effect.” § 74.051(3), Fla. Stat. (2005). Here, the trial court erred

Dames v. 926 Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-14T23:53:00-08:00

Citation: 925 So. 2d 1078

Snippet: the property into the court's registry. See § 74.051, Fla. Stat. Title to the property vests in the

Wright v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-15T00:53:00-07:00

Citation: 920 So. 2d 21

Snippet: .2d 736, 741 (Fla.1996); Mills v. State, 58 Fla. 74, 51 So. 278, 281 (1910). The applicable test is the

Sarasota County v. Curry

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-12T00:00:00-08:00

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

Snippet: faith estimate of value into the court registry. § 74.051. . Even if the benefits were zero, it would be

Ward v. Collier County

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-06T00:00:00-07:00

Citation: 852 So. 2d 892, 2003 Fla. App. LEXIS 11736, 2003 WL 21799898

Snippet: estimate of the value of the land taken. See § 74.051(2), .061, Fla. Stat. (1999). Following discovery

Kirchhoff v. South Florida Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-10T00:00:00-07:00

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

Snippet: defendant, he was entitled to certain rights. Section 74.051(1), Florida Statutes (2000), states: If a defendant…court did not adhere to the requirements of section 74.051. As a matter of due process, Mr. Kirehhoff is entitled

Florida Water Services Corp. v. Utilities Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-22T00:53:00-07:00

Citation: 790 So. 2d 501

Snippet: deposited in the court registry for the property. § 74.051, Fla. Stat. (1999). The value of condemned property…a final determination by a jury at trial. See § 74.051(2), Fla. Stat. (1999); Fla. E. Coast Ry. Co. v.…condemning authority's estimate of value. § 74.051(2), Fla. Stat. (1999). [4] City of Palm Bay contains

Youth for Christ of Sarasota, Inc. v. Sarasota County

Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-02T00:00:00-07:00

Citation: 765 So. 2d 794, 2000 Fla. App. LEXIS 9619, 2000 WL 1056017

Snippet: good faith” declaration of taking deposit. See §§ 74.051, 74.061, Fla. Stat. (1993). As permitted by section

SEMINOLE CTY. v. Sanford Court Investors, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-22T00:53:00-07:00

Citation: 743 So. 2d 1165

Snippet: of the value of the taking pursuant to section 74.051(2), Florida Statutes (1993). Cumberland, Hancock

State v. Barbara's Creative Jewelry

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-24T00:53:00-07:00

Citation: 728 So. 2d 240

Snippet: estimate of value of the property to be taken. See § 74.051(2), Fla. Stat (1995). In order to obtain condemnation

Pierpont v. Lee County

Court: Fla. | Date Filed: 1998-03-11T23:53:00-08:00

Citation: 710 So. 2d 958

Snippet: the amount of the good-faith estimate of value. § 74.051, Fla. Stat. (1993). Upon motion, the court may

Lee County v. Pierpont

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-23T23:53:00-08:00

Citation: 693 So. 2d 994

Snippet: compensation for the property rights taken. §§ 74.051(2) and 73.071, Fla.Stat. (1981). The estimate does

Bauer v. Resolution Trust Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-07T00:00:00-07:00

Citation: 621 So. 2d 521, 1993 Fla. App. LEXIS 7037, 1993 WL 247149

Snippet: proceedings under section 74.051(3). However, reasoning that section 74.051(3) created a clear exception

Capo Investment Group Corp. v. State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-30T00:00:00-07:00

Citation: 578 So. 2d 513, 1991 Fla. App. LEXIS 3920, 1991 WL 65971

Snippet: good faith based on a valid appraisal. §§ 74.031, 74.-051(2), Fla.Stat. (1987). It should be noted, however

Crigger v. Florida Power Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-07-16T00:00:00-07:00

Citation: 509 So. 2d 1322, 12 Fla. L. Weekly 1735, 1987 Fla. App. LEXIS 9275

Snippet: of the good faith deposit required by sections 74.051(2) and (3), Florida Statutes, by the power company