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Florida Statute 74.061 | Lawyer Caselaw & Research
F.S. 74.061 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 74.061

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. 74.061
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.
History.s. 4, ch. 65-369; ss. 1, 2, ch. 67-277; s. 28, ch. 73-333; s. 4, ch. 78-315.

F.S. 74.061 on Google Scholar

F.S. 74.061 on Casetext

Amendments to 74.061


Arrestable Offenses / Crimes under Fla. Stat. 74.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 74.061.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TEITELBAUM, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,, 176 So. 3d 998 (Fla. Dist. Ct. App. 2015)

. . . See § 74.061, Fla. Stat. (2004). . . . .

HOMESTEAD LAND GROUP, LLC, v. CITY OF HOMESTEAD,, 165 So. 3d 62 (Fla. Dist. Ct. App. 2015)

. . . . § 74.061, Fla. . . . injury to land not taken belong to the one who owns the land at the time of the taking or injury.”); § 74.061 . . .

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

. . . . § 74.061. . . . . §§ 74.061, 73.071. Livingston v. Frank, 150 So.3d 239, 241 (Fla. 2d DCA2014). . . . Florida’s quick-take statutory scheme includes an interest provision, § 74.061, and Florida’s legislature . . . section 6, Florida Constitution, to be paid in eminent domain proceedings” in accordance with section 74.061 . . . We are not called upon in this case to determine whether section 74.061 is constitutionally infirm by . . .

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

. . . (2007), became his property when title to the real property vested in the City pursuant to section 74.061 . . . property and, in exchange, the right to full compensation for the property vests in the property owner. § 74.061 . . . Statutes (2007), which provides for the empanelling of a jury to make a final determination of value. §§ 74.061 . . . Florida Rule of Civil Procedure 1.540; that the Clerk’s actions were authorized by sections 28.33 and/or 74.061 . . . Livingston’s interest claim exceeded the limits of section 74.061 and was barred by sovereign immunity . . .

DEPARTMENT OF AGRICULTURE CONSUMER SERVICES, v. BOGORFF,, 35 So. 3d 84 (Fla. Dist. Ct. App. 2010)

. . . See § 74.061, Fla. Stat. (2008); Behm v. . . .

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

. . . See § 74.061, Fla. Stat. . . .

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

. . . . § 74.061, Fla. Stat. (1999). . . .

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. M. G. INVESTMENTS OF ORLANDO, INC., 714 So. 2d 1066 (Fla. Dist. Ct. App. 1998)

. . . Additionally relying upon section 74.061, Florida Statutes (1995), appellant contends that a landowner . . .

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

. . . At this point, the right to compensation vests in the landowner under section 74.061, Florida Statutes . . .

LEE COUNTY, a v. H. SAGER, d b a d b a, 595 So. 2d 177 (Fla. Dist. Ct. App. 1992)

. . . trial court supplemented the verdict with statutory interest of $5,509, computed pursuant to section 74.061 . . .

MANHATTAN PROPERTIES LIMITED, K. H. v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION,, 541 So. 2d 655 (Fla. Dist. Ct. App. 1989)

. . . They cite to section 74.061, Florida Statutes (1983), to support that contention. . . .

DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, v. GROSSMAN,, 536 So. 2d 1181 (Fla. Dist. Ct. App. 1989)

. . . Section 74.061. . . .

A. L. WEST, M. A. C. L. v. SUNBELT ENTERPRISES, d b a, 530 So. 2d 433 (Fla. Dist. Ct. App. 1988)

. . . The clear policy behind that statute and section 74.061 (applicable to quick take condemnation proceedings . . .

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

. . . Under section 74.061, Florida Statutes, for the purpose of computing compensation, the 100 foot wide . . .

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

. . . . § 74.061. . . .

COUNTY OF VOLUSIA, v. W. R. PICKENS, 439 So. 2d 276 (Fla. Dist. Ct. App. 1983)

. . . Division of Admin., Dep’t. of Transp., 383 So.2d 216 (Fla.1980); § 74.061, Fla.Stat. (1981). . . .

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

. . . In “quick take” condemnation proceedings, filed pursuant to section 74.061, Florida Statutes (1977), . . . Accordingly, FEC is entitled under section 74.061 to receive interest from the date of possession to . . . Section 74.061, Florida Statutes (1979) provides: 74.061 Vesting of title or interest sought.— Immediately . . .

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

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

G. BEHM K. v. DIVISION OF ADMINISTRATION, DEPARTMENT OF TRANSPORTATION,, 383 So. 2d 216 (Fla. 1980)

. . . Section 74.061, Florida Statutes (1969), provides that condemnees are entitled to interest on condemnation . . . Interest, therefore, must be determined in accordance with section 74.061. . . . Under section 74.061, when a jury determines the amount of a compensation award, the responsible agency . . . We hold, therefore, that the “date of payment” referred to in section 74.061 is the time that funds are . . . See § 74.061, Fla.Stat. (1969). . . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. SHEPARD, 382 So. 2d 45 (Fla. Dist. Ct. App. 1979)

. . . The issue in this case is whether a court should award interest under Section 74.061, Florida Statutes . . . The applicable statute in this case is Section 74.061, Florida Statutes (1977), which reads as follows . . . : 74.061 Vesting of title or interest sought. — Immediately upon the making of the deposit, the title . . . Shepard argues that the obvious purpose of Section 74.061 is to make one whose land the state has condemned . . . The legislative history of Section 74.061 tends to undercut Mr. Shepard’s position. . . .

DIVISION OF ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, v. TSALICKIS, 372 So. 2d 500 (Fla. Dist. Ct. App. 1979)

. . . This opinion should not be construed as being contrary to the provisions of Section 74.061, Florida Statutes . . .

G. BEHM K. v. DIVISION OF ADMINISTRATION, DEPARTMENT OF TRANSPORTATION,, 366 So. 2d 828 (Fla. Dist. Ct. App. 1979)

. . . Section 74.061, Florida Statutes (1969). . . . This statute was amended, however, by Section 74.061, Florida Statutes (1965), and dealt only with those . . .

CONTINENTAL EQUITIES, INC. v. JACKSONVILLE TRANSPORTATION AUTHORITY, CONTINENTAL EQUITIES, INC. v. C. V. GALARDI T., 360 So. 2d 1101 (Fla. Dist. Ct. App. 1978)

. . . Section 74.061, Florida Statutes (1975), provides in part: “Immediately upon the making of the deposit . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. PINK PUSSY CAT, INC. No., 314 So. 2d 192 (Fla. Dist. Ct. App. 1975)

. . . Florida Statutes § 74.061 allows interest to be paid from the date of surrender of possession to the . . . good faith estimate required by law, they are not a part of that sum referred to in Florida Statutes § 74.061 . . .

S. JONES v. CITY OF TALLAHASSEE, a, 304 So. 2d 528 (Fla. Dist. Ct. App. 1974)

. . . Section 74.061 of this Chapter provides that after the deposit of the estimate is made, title shall vest . . .

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

. . . A reading of Florida Statutes, Sections 74.051 and 74.061, F.S.A., clearly reveals that a property owner . . .

VALLEYBROOK DEVELOPERS, INC. a v. GULF POWER COMPANY, a, 272 So. 2d 167 (Fla. Dist. Ct. App. 1973)

. . . Section 74.061, Florida Statutes, F.S.A., provides in part: “(1) Immediately upon the making of the deposit . . .

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

. . . . § 74.061, F.S.A. . . .

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

. . . discretion is limited by reason of the fact that the land owner is entitled to believe by virtue of Section 74.061 . . .

STATE ROAD DEPARTMENT a v. H. B. LEWIS D. M. Co- d b a M. G. a, 190 So. 2d 598 (Fla. Dist. Ct. App. 1966)

. . . Section 74.061, Florida Statutes, F.S.A. . . .