Florida Statute 74.51 - Full Text and Legal Analysis

The 2025 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.

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F.S. 74.051 on CourtListener

Amendments to 74.051

Annotations, Discussions, Cases:

Cases Citing Statute 74.051

Total Results: 39

System Components Corp. v. Florida Deparment of Transportation

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

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 60241330

Cited 16 times | Published

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

O'SULLIVAN v. City of Deerfield Beach

232 So. 2d 33

District Court of Appeal of Florida | Filed: Feb 25, 1970 | Docket: 1297478

Cited 10 times | Published

into the registry of the court as provided by Section 74.051, F.S. 1967, F.S.A. The case was thereafter

Couse v. Canal Authority

209 So. 2d 865

Supreme Court of Florida | Filed: May 1, 1968 | Docket: 1690710

Cited 9 times | Published

the circuit court under F.S. Chapter 73 and Section 74.051, F.S.A. The court denied a motion to dismiss

Clark v. Gulf Power Company

198 So. 2d 368

District Court of Appeal of Florida | Filed: Apr 20, 1967 | Docket: 1354521

Cited 9 times | Published

entering the order of taking as required by Section 74.051. The only allegation stated in terms specific

Seadade Industries, Inc. v. Florida Power & Light Co.

245 So. 2d 209, 2 ERC 1223, 1 Envtl. L. Rep. (Envtl. Law Inst.) 20214, 47 A.L.R. 3d 1255, 2 ERC (BNA) 1223, 1971 Fla. LEXIS 3956

Supreme Court of Florida | Filed: Feb 3, 1971 | Docket: 1356235

Cited 8 times | Published

Court, Dade County, in accord with Fla. Stat. § 74.051, F.S.A., and subsequently, by Order of that Court

Camden Condominium Association Inc. v. Dunkle

805 F.2d 1532

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 1987 | Docket: 805095

Cited 6 times | Published

be found unconstitutional. Moreover, when section 74.051 became effective in 1965, at least one state's

Crigger v. Florida Power Corp.

469 So. 2d 941, 10 Fla. L. Weekly 1343, 1985 Fla. App. LEXIS 14320

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 1272466

Cited 6 times | Published

under an order of taking issued pursuant to Section 74.051, Florida Statutes. The situation here is like

Hatch v. Minot

369 So. 2d 974

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 169512

Cited 5 times | Published

directed the condemning authority, as required by Section 74.051(2), to deposit the sum of $62,600 into the

City of Lakeland v. Bunch

293 So. 2d 66

Supreme Court of Florida | Filed: Apr 3, 1974 | Docket: 1754525

Cited 4 times | Published

be proven by the landowner) inasmuch as, Florida Statute 74.051(1) F.S.A. only permits certain specific

Associated Schools, Inc. v. Dade County

209 So. 2d 489

District Court of Appeal of Florida | Filed: Apr 23, 1968 | Docket: 2562357

Cited 4 times | Published

the court, pursuant to an order of taking under § 74.051, Fla. Stat., F.S.A. We reverse. The Supreme Court

Pierpont v. Lee County

710 So. 2d 958, 1998 WL 107949

Supreme Court of Florida | Filed: Mar 12, 1998 | Docket: 1445194

Cited 3 times | Published

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

Florida East Coast Ry. Co. v. City of Miami

372 So. 2d 152

District Court of Appeal of Florida | Filed: Jun 12, 1979 | Docket: 1695495

Cited 3 times | Published

thereafter held an extensive eight day hearing under Section 74.051, Florida Statutes (1977), on the propriety

Taylor v. Tampa Elec. Co.

356 So. 2d 260

Supreme Court of Florida | Filed: Feb 16, 1978 | Docket: 1478825

Cited 3 times | Published

as ordered by the Circuit Court pursuant to Section 74.051(2). The utility directed the Clerk of the Court

Florida Department of Transportation v. Mallards Cove, LLP

159 So. 3d 927, 2015 WL 968710

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60246711

Cited 2 times | Published

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

Florida Water Services Corp. v. Utilities Com'n

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

District Court of Appeal of Florida | Filed: Jun 22, 2001 | Docket: 1411601

Cited 2 times | Published

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

Seadade Industries, Inc. v. Florida Power & Light Co.

232 So. 2d 46, 1 ERC 1146, 1 ERC (BNA) 1146, 1970 Fla. App. LEXIS 6756

District Court of Appeal of Florida | Filed: Feb 18, 1970 | Docket: 1229952

Cited 2 times | Published

property should vest in the power company. Fla. Stat. § 74-051, F.S.A. The Petition for Writ of Certiorari is

SEMINOLE CTY. v. Sanford Court Investors, Ltd.

743 So. 2d 1165, 1999 WL 960791

District Court of Appeal of Florida | Filed: Oct 22, 1999 | Docket: 723136

Cited 1 times | Published

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

State v. Barbara's Creative Jewelry

728 So. 2d 240, 1998 WL 329456

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1673895

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 433558

Published

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

Brock v. Bowein

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

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60313109

Published

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

Southwest Florida Water Management District v. Shea

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

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60307723

Published

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

McMurrer v. Marion County

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

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 64846197

Published

the 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.

925 So. 2d 1078, 2006 WL 625721

District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 1516967

Published

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

Sarasota County v. Curry

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

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 64827208

Published

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

Ward v. Collier County

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

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 64824436

Published

its 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

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

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 64811937

Published

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

Bauer v. Resolution Trust Corp.

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

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 64697654

Published

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

Palladino Holding Corp. v. Broward County

504 So. 2d 465, 12 Fla. L. Weekly 747, 1987 Fla. App. LEXIS 7152

District Court of Appeal of Florida | Filed: Mar 11, 1987 | Docket: 64626000

Published

surrender possession of the property to the condemnor. § 74.051(3), Fla.Stat. (1983). The condemnee who owns the

Camden I. Condominium Ass'n v. Dunkle

805 F.2d 1532

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 1986 | Docket: 66221422

Published

ultimately be found unconstitutional. Moreover, when section 74.051 became effective in 1965, at least one state’s

City of Miami v. Florida East Coast Railway Co.

428 So. 2d 674, 1983 Fla. App. LEXIS 18452

District Court of Appeal of Florida | Filed: Jan 11, 1983 | Docket: 64595852

Published

City’s declaration of taking filed pursuant to section 74.051, Florida Statutes (1977), FEC contended that

Division of Administration, State, Department of Transportation v. Dade County

388 So. 2d 326, 1980 Fla. App. LEXIS 17664

District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 64578183

Published

representing full recompense for the taking. § 74.051, Fla. Stat. (1979). Upon making the deposit, the

Taylor v. Tampa Electric Co.

335 So. 2d 349, 1976 Fla. App. LEXIS 13879

District Court of Appeal of Florida | Filed: Jul 21, 1976 | Docket: 64554523

Published

cannot collect such a commission. Florida Statutes § 74.051 (1965) provided in part that: “. . . [N]o sum

Ago

Florida Attorney General Reports | Filed: Dec 3, 1975 | Docket: 3257679

Published

receiving money into the registry of the court. Section 74.051(2), F.S., specifically provides, among other

Ago

Florida Attorney General Reports | Filed: Feb 12, 1974 | Docket: 3255632

Published

of the circuit court investing such moneys. Section 74.051 is not repealed by implication by the provisions

Keating-Meredith Properties, Inc. v. General Financial Systems, Inc.

279 So. 2d 313, 1973 Fla. App. LEXIS 7948

District Court of Appeal of Florida | Filed: Jun 20, 1973 | Docket: 64532909

Published

into the registry of the court in accordance with § 74.051, F.S.1969, F.S.A., $181,692.00. On 16 November

Chalmers v. Florida Power & Light Co.

245 So. 2d 285, 1971 Fla. App. LEXIS 6900

District Court of Appeal of Florida | Filed: Mar 12, 1971 | Docket: 64519290

Published

entering the order of taking as required by Section 74.051.” As quoted above, another provision of Section

Town of Palm Beach v. City of West Palm Beach

239 So. 2d 835, 1970 Fla. App. LEXIS 5852

District Court of Appeal of Florida | Filed: Oct 9, 1970 | Docket: 64516800

Published

a possible air lock. Pursuant to F.S.1967, section 74.051, F.S. A., a hearing was had to determine if

Canal Authority of the State of Florida v. Miller

230 So. 2d 193, 1969 Fla. App. LEXIS 6447

District Court of Appeal of Florida | Filed: Dec 30, 1969 | Docket: 64512772

Published

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

Couse v. Canal Authority

197 So. 2d 841, 1967 Fla. App. LEXIS 5149

District Court of Appeal of Florida | Filed: Apr 13, 1967 | Docket: 64500611

Published

dismiss the action on the grounds (1) that F.S. Section 74.051, F.S.A., authorizing the entry of an order