Florida Statutes
Fla. Stat. § 74.061 (2025)
Vesting of title or interest sought.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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74.061 Vesting of title or interest sought.—Immediately upon the making of the deposit, the title or interest specified in the petition shall vest in the petitioner, and the said lands shall be deemed to be condemned and taken for the use of the petitioner, and the right to compensation for the same shall vest in the persons entitled thereto. Compensation shall be determined in accordance with the provisions of chapter 73, except that interest shall be allowed at the same rate as provided in all circuit court judgments from the date of surrender of possession to the date of payment on the amount that the verdict exceeds the estimate of value set forth in the declaration of taking.
Notes of Decisions
Cited in 32
cases, 1966–2015 · leading case: Behm v. Div. of Admin., Etc., 383 So. 2d 216 (Fla. 1980).
Behm v. Div. of Admin., Etc., 383 So. 2d 216 (Fla. 1980). “See § 74.061, Fla. Stat. (1969). [3] "It is well settled that where a party recovering a judgment or decree voluntarily accepts the benefits thereof, he is estopped to seek reversal thereof by appeal.”
Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough Cnty., 150 So. 3d 239 (Fla. 2d DCA 2014). “§ 74.061. The matter of full compensation is then determined in accordance with the provisions of chapter 73, Florida Statutes (2007), which provides for the empanelling of a jury to make a final determination of value.”
Florida Dep't of Transp. v. Mallards Cove, LLP, 159 So. 3d 927 (Fla. 2d DCA 2015). “§ 74.061. The matter of full compensation is then determined in accordance with the provisions of chapter 73, Florida Statutes (2007), which provides for the empanelling of a jury to make a final determination of value.”
Cnty. of Volusia v. Pickens, 439 So. 2d 276 (Fla. 5th DCA 1983). “1980); § 74.061, Fla. Stat. (1981). [1] The Whites discovered that the road was on their property and brought it to the attention of the Commissioner in December, 1957.”
Dept. of Agr. & Consum. Servs. v. Bogorff, 35 So. 3d 84 (Fla. 4th DCA 2010). “[12] See § 74.061, Fla. Stat. (2008); Behm v. Div.”
State Road Dep't v. Lewis, 190 So. 2d 598 (Fla. 1st DCA 1966). “[2] Section 74.061, Florida Statutes, F.S.A.”
Seadade Indus., Inc. v. Florida Power & Light Co., 245 So. 2d 209 (Fla. 1971). “Hearings on the Declaration were entertained by the Circuit Court, Dade County, in accord with Fla.”
O'SULLIVAN v. City of Deerfield Beach, 232 So. 2d 33 (Fla. 4th DCA 1970). “We then notice imperatively the provisions of Section 74.061, wherein it is provided that when the deposit is made in the registry of the court, that thereupon the title to the lands vests in the condemnor and the lands are deemed condemned and the right to compensation vests in…”
Lee Cnty. v. Pierpont, 693 So. 2d 994 (Fla. 2d DCA 1997). “*998 On the other hand, there appears to be no binding precedent that prevents a landowner from accepting the good faith estimate in full settlement once the trial court has ordered the deposit into the court registry and title has vested in the condemning authority.”
CHIPOLA NURS., INC. v. Div. of Admin., Dept. of Transp., 335 So. 2d 617 (Fla. 1st DCA 1976). “Appellee also argues that to return the case to the trial court would serve no useful purpose as, under the statute, § 74.061, Florida Statutes, appellants are not entitled to interest.”
Florida Water Servs. Corp. v. Utils. Com'n, 790 So. 2d 501 (Fla. 5th DCA 2001). “As previously discussed, in a "quick take" proceeding, the condemning authority must file a declaration of taking that includes a good faith estimate of value based on a valid appraisal. § 74.031, Fla.”
Div. of Admin., Etc. v. Tsalickis, 372 So. 2d 500 (Fla. 4th DCA 1979). “This opinion should not be construed as being contrary to the provisions of Section 74.061, Florida Statutes (1977) and we are aware that that statute provides that interest be allowed from the date of surrender of possession to the date of payment.”
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