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

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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: District Court of Appeal of Florida | Date Filed: 2015-03-06

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

Snippet: ultimately determined by the final judgment.” § 74.051(2). Upon making the deposit, the petitioner is

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

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

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

Snippet: eminent domain proceedings pursuant to section 74.051, Florida Statutes (2007), became his property when

Brock v. Bowein

Court: District Court of Appeal of Florida | Date Filed: 2012-10-17

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

Snippet: into the court registry in accordance with section 74.051(2), Florida Statutes (2005). The Clerk received

Southwest Florida Water Management District v. Shea

Court: District Court of Appeal of Florida | Date Filed: 2012-04-27

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: Supreme Court of Florida | Date Filed: 2009-07-09

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: District Court of Appeal of Florida | Date Filed: 2006-06-16

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

Snippet: court within 20 days, as is required by section 74.051(3) of the Florida Statutes (2005).2 Of importance

Dames v. 926 Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-15

Citation: 925 So. 2d 1078, 2006 WL 625721

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

Wright v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-06-15

Citation: 920 So. 2d 21, 2005 WL 1398026

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: District Court of Appeal of Florida | Date Filed: 2003-12-12

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: District Court of Appeal of Florida | Date Filed: 2003-08-06

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: 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: defendant, he was entitled to certain rights. Section 74.051(1), Florida Statutes (2000), states: If a defendant

Florida Water Services Corp. v. Utilities Com'n

Court: District Court of Appeal of Florida | Date Filed: 2001-06-22

Citation: 790 So. 2d 501, 2001 Fla. App. LEXIS 8486, 2001 WL 699017

Snippet: deposited in the court registry for the property. § 74.051, Fla. Stat. (1999). The value of condemned property

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

Court: District Court of Appeal of Florida | Date Filed: 2000-08-02

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: District Court of Appeal of Florida | Date Filed: 1999-10-22

Citation: 743 So. 2d 1165, 1999 WL 960791

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: District Court of Appeal of Florida | Date Filed: 1998-06-24

Citation: 728 So. 2d 240, 1998 WL 329456

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: Supreme Court of Florida | Date Filed: 1998-03-12

Citation: 710 So. 2d 958, 1998 WL 107949

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: District Court of Appeal of Florida | Date Filed: 1997-01-24

Citation: 693 So. 2d 994, 1997 WL 24312

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: District Court of Appeal of Florida | Date Filed: 1993-07-07

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: District Court of Appeal of Florida | Date Filed: 1991-04-30

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: District Court of Appeal of Florida | Date Filed: 1987-07-16

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