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Florida Statute 74.051 | Lawyer Caselaw & Research
F.S. 74.051 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 74
PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN
View Entire Chapter
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 from cite.case.law:

FLORIDA DEPARTMENT OF TRANSPORTATION, v. MALLARDS COVE, LLP, S. O v. LLP,, 159 So. 3d 927 (Fla. Dist. Ct. App. 2015)

. . . .” § 74.051(2). . . . In 2009, Mallards Cove initiated the case now on appeal, seeking a declaration that section 74.051(4) . . . At the time the funds were invested the statute at issue was section 74.051(3). . . . Throughout this opinion, -the statutory reference will be to section 74.051(4). .The last sentence of . . . section 74.051(4) has since been amended, effective July 1, 2013, to provide: "Ninety percent of the . . .

A. LIVINGSTON, v. FRANK,, 150 So. 3d 239 (Fla. Dist. Ct. App. 2014)

. . . the funds placed on deposit with the Clerk during the eminent domain proceedings pursuant to section 74.051 . . . compensate the persons entitled to compensation as ultimately determined by the final judgment.” § 74.051 . . . Section 74.051(4) stated in pertinent part: “The clerk is authorized to invest such deposits so as to . . . Livingston’s complaint sought a declaration that the portion of section 74.051(4) directing the Clerk . . . The provision in section 74.051(4) directing payment of interest to the condemning authority could be . . .

E. BROCK, v. BOWEIN, S., 99 So. 3d 580 (Fla. Dist. Ct. App. 2012)

. . . School Board made the required good faith deposit into the court registry in accordance with section 74.051 . . . Section 74.051(3) specifically authorized the Clerk to invest the funds. . . . Section 74.051(B) provides, in pertinent part, as follows: The clerk is authorized to invest such deposits . . . Stat.[,] in Collier County, Florida, where a registry deposit was made pursuant to Section 74.051(4), . . . The quoted portion of the statute now appears in subsection (4) of section 74.051. . . .

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, v. J. SHEA L. R. N. A. G. CFC, M., 86 So. 3d 582 (Fla. Dist. Ct. App. 2012)

. . . The Sheas objected to the District’s order of taking and requested a hearing pursuant to section 74.051 . . .

NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, v. RADIOLOGY ASSOCIATES, LLP,, 694 F. Supp. 2d 658 (S.D. Tex. 2010)

. . . Id. at § 74.051(a). . . . .

JENKINS, v. MARVEL, M. D. P. C. P. C. f k a MY d b a a, 683 F. Supp. 2d 626 (E.D. Tenn. 2010)

. . . Texas Civil Practice and Remedies Code § 74.051(a) states the following: Any person or his authorized . . . Likewise, § 74.051(b) requires that plaintiffs include a statement of compliance in their pleadings and . . .

EAST TEXAS MEDICAL CENTER REGIONAL HEALTHCARE SYSTEM, v. LEXINGTON INSURANCE CO., 575 F.3d 520 (5th Cir. 2009)

. . . . § 74.051. . . .

SYSTEM COMPONENTS CORPORATION, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 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 . . .

MASON, a v. UNITED STATES M. D., 486 F. Supp. 2d 621 (W.D. Tex. 2007)

. . . Gardea moved, unopposed, to abate the proceedings pursuant to Texas Civil Practices and Remedies Code § 74.051 . . .

MENDOZA v. UNITED STATES G. M. D. M. D., 481 F. Supp. 2d 650 (W.D. Tex. 2007)

. . . purporting to be notice letters required pursuant to Texas Civil Practice and Remedies Code section 74.051 . . .

J. McMURRER, Jr. v. MARION COUNTY,, 936 So. 2d 19 (Fla. Dist. Ct. App. 2006)

. . . the value of the property into the registry of the court within 20 days, as is required by section 74.051 . . . The motion argued that, pursuant to the specific language set forth in section 74.051(3) of the Florida . . . Section 74.051(3) states that a quick-take order “shall not become effective unless the deposit of the . . . Section 74.051(3) of the Florida Statutes, expressly states that an untimely deposit of good-faith funds . . . Section 74.051(3) of the Florida Statutes (2005) provides: 74.051. . . .

S. DAMES, Sr. v. COMPANY, INC. N. A. IR AR, a, 925 So. 2d 1078 (Fla. Dist. Ct. App. 2006)

. . . See § 74.051, Fla. Stat. Title to the property vests in the petitioner upon such deposit. . . .

SARASOTA COUNTY, a v. CURRY G. I. f k a NCNB W. S. J. Jr. E. f k a f k a N. A. P. D. A. Jr. P., 861 So. 2d 1239 (Fla. Dist. Ct. App. 2003)

. . . . § 74.051. . . . .

M. WARD, a v. COLLIER COUNTY, a, 852 So. 2d 892 (Fla. Dist. Ct. App. 2003)

. . . See § 74.051(2), .061, Fla. Stat. (1999). Following discovery and negotiations, the County and Mr. . . .

E. KIRCHHOFF, E. Jr. v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, L. B. S. W. B. J. S., 805 So. 2d 848 (Fla. Dist. Ct. App. 2001)

. . . Section 74.051(1), Florida Statutes (2000), states: If a defendant requests a hearing pursuant to s. . . . The trial court did not adhere to the requirements of section 74.051. . . .

FLORIDA WATER SERVICES CORPORATION, v. UTILITIES COMMISSION,, 790 So. 2d 501 (Fla. Dist. Ct. App. 2001)

. . . . § 74.051, Fla. Stat. (1999). . . . See § 74.051(2), Fla. Stat. (1999); Fla. E. Coast Ry. Co. v. . . . However, the amount of the deposit cannot be less than the condemning authority's estimate of value. § 74.051 . . .

YOUTH FOR CHRIST OF SARASOTA, INC. v. SARASOTA COUNTY, a, 765 So. 2d 794 (Fla. Dist. Ct. App. 2000)

. . . See §§ 74.051, 74.061, Fla. Stat. (1993). . . .

SEMINOLE COUNTY, v. SANFORD COURT INVESTORS, LTD., 743 So. 2d 1165 (Fla. Dist. Ct. App. 1999)

. . . the County made its good faith deposit of its estimate of the value of the taking pursuant to section 74.051 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. BARBARA S CREATIVE JEWELRY, INC. a, 728 So. 2d 240 (Fla. Dist. Ct. App. 1998)

. . . See § 74.051(2), Fla. Stat (1995). . . .

F. PIERPONT, v. LEE COUNTY, A G INVESTMENTS, v. LEE COUNTY, BARNETT BANKS, INC. v. LEE COUNTY,, 710 So. 2d 958 (Fla. 1998)

. . . . § 74.051, Fla. Stat. (1993). . . .

LEE COUNTY, a v. F. PIERPONT J., 693 So. 2d 994 (Fla. Dist. Ct. App. 1997)

. . . . §§ 74.051(2) and 73.071, Fla.Stat. (1981). . . .

T. BAUER, v. RESOLUTION TRUST CORPORATION, C. A. R., 621 So. 2d 521 (Fla. Dist. Ct. App. 1993)

. . . registry by the taker but later disbursed to the landowners in “quick taking” proceedings under section 74.051 . . . However, reasoning that section 74.051(3) created a clear exception to section 28.24, the court went . . .

CRIGGER v. FLORIDA POWER CORPORATION,, 509 So. 2d 1322 (Fla. Dist. Ct. App. 1987)

. . . wide easement was “taken” immediately upon the making of the good faith deposit required by sections 74.051 . . .

PALLADINO HOLDING CORP. C M v. BROWARD COUNTY, a Z, 504 So. 2d 465 (Fla. Dist. Ct. App. 1987)

. . . . § 74.051(3), Fla.Stat. (1983). . . . be argued that the court lacked authority to assess rent, assessments, or other charges, as section 74.051 . . .

CAMDEN I. CONDOMINIUM ASSOCIATION INC. L. A. I. v. B. DUNKLE,, 805 F.2d 1532 (11th Cir. 1986)

. . . Moreover, when section 74.051 became effective in 1965, at least one state’s highest court had already . . .

CRIGGER v. FLORIDA POWER CORPORATION,, 469 So. 2d 941 (Fla. Dist. Ct. App. 1985)

. . . and not when the plaintiff surrendered possession under an order of taking issued pursuant to Section 74.051 . . .

CITY OF MIAMI, a v. FLORIDA EAST COAST RAILWAY COMPANY, a, 428 So. 2d 674 (Fla. Dist. Ct. App. 1983)

. . . In its defense to the City’s declaration of taking filed pursuant to section 74.051, Florida Statutes . . .

FLORIDA EAST COAST RAILWAY COMPANY, a v. BROWARD COUNTY, a, 421 So. 2d 681 (Fla. Dist. Ct. App. 1982)

. . . . §§ 74.051(2) and 73.071, Fla.Stat. (1981). . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. DADE COUNTY, a, 388 So. 2d 326 (Fla. Dist. Ct. App. 1980)

. . . . § 74.051, Fla. Stat. (1979). . . .

STATE DEPARTMENT OF TRANSPORTATION v. GASIOR,, 49 Fla. Supp. 195 (Dade Cty. Cir. Ct. 1979)

. . . Section 74.051(3), Florida Statutes, gives the court power to fix the terms upon which the defendant . . .

FLORIDA EAST COAST RAILWAY COMPANY, a v. CITY OF MIAMI, a, 372 So. 2d 152 (Fla. Dist. Ct. App. 1979)

. . . The trial court thereafter held an extensive eight day hearing under Section 74.051, Florida Statutes . . .

J. HATCH M. Jr. v. MINOT,, 369 So. 2d 974 (Fla. Dist. Ct. App. 1979)

. . . granted the request for quick taking and directed the condemning authority, as required by Section 74.051 . . . Any such interest must be credited to the secondary road fund of the county as provided in Section 74.051 . . .

F. TAYLOR, Jr. v. TAMPA ELECTRIC CO., 356 So. 2d 260 (Fla. 1978)

. . . deposited by the utility in the court registry, as ordered by the Circuit Court pursuant to Section 74.051 . . . But in 1967, after the Burch decision, Section 74.051(3) was amended by Chapter 67-370, Laws of Florida . . . The District Court held otherwise because Section 74.051(3) had been amended a second time to authorize . . . Section 74.051(3), Florida Statutes, upon which the utility pins its refusal to pay the commission does . . . Section 74.051(3) by its plain language does not except from Clerk charges funds disbursed to defendants . . .

F. TAYLOR, Jr. v. TAMPA ELECTRIC COMPANY, a, 335 So. 2d 349 (Fla. Dist. Ct. App. 1976)

. . . Florida Statutes § 74.051 (1965) provided in part that: “. . . . . . Fla.Stat. § 74.051(3) (1975) presently provides in part that: “No sum refunded to the petitioner from . . . the above-cited change in language, the legislature also added the following language to Fla.Stat. § 74.051 . . . in order to receive some income from the monies deposited in the registry of the court, Fla.Stat. § 74.051 . . . Therefore, we hold that the legislative intent in changing the language of Fla.Stat. § 74.051(3) was . . .

CITY OF LAKELAND, a v. O. BUNCH, 293 So. 2d 66 (Fla. 1974)

. . . issue (except fraud or bad faith which must be proven by the landowner) inasmuch as, Florida Statute 74.051 . . . A reading of Florida Statutes, Sections 74.051 and 74.061, F.S.A., clearly reveals that a property owner . . . Florida Statute § 74.051(1) F. . . .

CITY OF LAKELAND v. BUNCH,, 39 Fla. Supp. 185 (Polk Cty. Cir. Ct. 1973)

. . . . §74.051 (1971). . . . landowner bears the burden), since the only judicial issues raised in the court hearing according to §74.051 . . .

KEATING- MEREDITH PROPERTIES, INC. v. GENERAL FINANCIAL SYSTEMS, INC., 279 So. 2d 313 (Fla. Dist. Ct. App. 1973)

. . . 9.905 acres before final judgment, the State paid into the registry of the court in accordance with § 74.051 . . .

J. J. CHALMERS P. v. FLORIDA POWER LIGHT COMPANY, a, 245 So. 2d 285 (Fla. Dist. Ct. App. 1971)

. . . properly exercising its delegated authority prior to entering the order of taking as required by Section 74.051 . . .

SEADADE INDUSTRIES, INC. a v. FLORIDA POWER LIGHT COMPANY, a, 245 So. 2d 209 (Fla. 1971)

. . . . § 74.051, F.S.A., and subsequently, by Order of that Court, upon payment of proper deposit, title of . . .

TOWN OF PALM BEACH, a v. CITY OF WEST PALM BEACH, a a a a, 239 So. 2d 835 (Fla. Dist. Ct. App. 1970)

. . . Pursuant to F.S.1967, section 74.051, F.S. . . .

E. O SULLIVAN, T. v. CITY OF DEERFIELD BEACH, a, 232 So. 2d 33 (Fla. Dist. Ct. App. 1970)

. . . course the City deposited the required monies into the registry of the court as provided by Section 74.051 . . . See Section 74.051, F.S.1967, F.S.A. . . .

CANAL AUTHORITY v. J. T. MILLER, Jr. CANAL AUTHORITY v. C. S. HAYMAN, 230 So. 2d 193 (Fla. Dist. Ct. App. 1969)

. . . The appellees also point out that Section 74.051, subdivision (1), Florida Statutes, F.S.A., specifically . . .

H. COUSE S. v. CANAL AUTHORITY a, 209 So. 2d 865 (Fla. 1968)

. . . Chapter 73 and Section 74.051, F.S.A. . . . Sec. 74.051, F.S.A. . . . J., concurs in judgment only. . “74.051 Hearing on order of taking.— “(1) On the date specified in the . . .

ASSOCIATED SCHOOLS, INC. a v. DADE COUNTY, a, 209 So. 2d 489 (Fla. Dist. Ct. App. 1968)

. . . penalty from the funds on deposit in the registry of the court, pursuant to an order of taking under § 74.051 . . .

B. CLARK v. GULF POWER COMPANY, a, 198 So. 2d 368 (Fla. Dist. Ct. App. 1967)

. . . properly exercising its delegated authority prior to entering the order of taking as required by Section 74.051 . . . Section 74.051, Florida Statutes, F.S.A. . Florida Power Corp. v. . . .

H. COUSE S. v. CANAL AUTHORITY a, 197 So. 2d 841 (Fla. Dist. Ct. App. 1967)

. . . Section 74.051, F.S.A., authorizing the entry of an order or judgment based upon a declaration of taking . . . Section 74.051, F.S.A., authorizing the entry of judgment on declaration of taking, is constitutional . . .