Florida Statute 74.61 - 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. 74.061

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

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Amendments to 74.061

Annotations, Discussions, Cases:

Cases Citing Statute 74.061

Total Results: 33

County of Volusia v. Pickens

439 So. 2d 276

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1265174

Cited 13 times | Published

Dep't. of Transp., 383 So.2d 216 (Fla. 1980); § 74.061, Fla. Stat. (1981). [1] The Whites discovered

Behm v. DIVISION OF ADMINISTRATION, ETC.

383 So. 2d 216

Supreme Court of Florida | Filed: May 15, 1980 | Docket: 163690

Cited 12 times | Published

interest assessment, and this appeal followed. Section 74.061, Florida Statutes (1969), provides that condemnees

CHIPOLA NURS., INC. v. Div. of Admin., Dept. of Transp.

335 So. 2d 617

District Court of Appeal of Florida | Filed: Aug 3, 1976 | Docket: 1711228

Cited 11 times | Published

serve no useful purpose as, under the statute, § 74.061, Florida Statutes, appellants are not entitled

State Road Department v. Lewis

190 So. 2d 598

District Court of Appeal of Florida | Filed: Sep 6, 1966 | Docket: 1313578

Cited 11 times | Published

Tharp, 146 Fla. 745, 1 So.2d 868 (1941). [2] Section 74.061, Florida Statutes, F.S.A.

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

then notice imperatively the provisions of Section 74.061, wherein it is provided that when the deposit

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

condemned land vested in the Utility under Fla. Stat. § 74.061, F.S.A. Third, the Utility maintains that the

DEPT. OF AGR. & CONSUMER SERVS. v. Bogorff

35 So. 3d 84

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1646088

Cited 5 times | Published

Corp., 267 So.2d 633, 639 (Fla.1972)). [12] See § 74.061, Fla. Stat. (2008); Behm v. Div. of Admin., State

Valleybrook Developers, Inc. v. Gulf Power Company

272 So. 2d 167

District Court of Appeal of Florida | Filed: Jan 25, 1973 | Docket: 1644231

Cited 5 times | Published

interlocutory order. Such contention is without merit. Section 74.061, Florida Statutes, F.S.A., provides in part:

Lee County v. Pierpont

693 So. 2d 994, 1997 WL 24312

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1524494

Cited 4 times | Published

to compensation vests in the landowner under section 74.061, Florida Statutes, and a condemning authority

DIV. OF ADMIN., STATE, DOT v. Grossman

536 So. 2d 1181, 1989 WL 600

District Court of Appeal of Florida | Filed: Jan 10, 1989 | Docket: 1760001

Cited 4 times | Published

accordance with the provisions of chapter 73." Section 74.061. Chapter 73 provides that: [w]hen the action

West v. Sunbelt Enterprises

530 So. 2d 433, 1988 WL 89043

District Court of Appeal of Florida | Filed: Aug 30, 1988 | Docket: 1678350

Cited 4 times | Published

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

Jones v. City of Tallahassee

304 So. 2d 528

District Court of Appeal of Florida | Filed: Dec 5, 1974 | Docket: 1729870

Cited 3 times | Published

shall be admissible in evidence in any action. Section 74.061 of this Chapter provides that after the deposit

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

for the property vests in the property owner. § 74.061. The matter of full compensation is then determined

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

a deposit of sufficient funds with the court. § 74.061, Fla. Stat. (1999). The amount to be deposited

Lee County v. Sager

595 So. 2d 177, 1992 WL 28950

District Court of Appeal of Florida | Filed: Feb 21, 1992 | Docket: 1298934

Cited 2 times | Published

statutory interest of $5,509, computed pursuant to section 74.061, Florida Statutes (1987), the relevant portion

DIVISION OF ADMIN., ETC. v. Tsalickis

372 So. 2d 500

District Court of Appeal of Florida | Filed: Jun 13, 1979 | Docket: 1325463

Cited 2 times | Published

construed as being contrary to the provisions of Section 74.061, Florida Statutes (1977) and we are aware that

DIVISION OF ADMIN., STATE DEPT. OF TR. v. Pink Pussy Cat, Inc.

314 So. 2d 192

District Court of Appeal of Florida | Filed: Jun 17, 1975 | Docket: 1736169

Cited 1 times | Published

is well taken and we reverse. Florida Statutes § 74.061 allows interest to be paid from the date of surrender

Teitelbaum v. South Florida Water Management District

176 So. 3d 998, 2015 Fla. App. LEXIS 14478

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863179

Published

authority has acquired the land. See § 74.061, Fla. Stat. (2004). 2 . Indeed

Teitelbaum v. South Fl Water Management

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2667768

Published

condemning authority has acquired the land. See § 74.061, Fla. Stat. (2004).

Homestead Land Group, LLC v. City of Homestead

165 So. 3d 62, 2015 WL 3479418

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2661567

Published

deposit and thus took title to the Taken Property. § 74.061, Fla. Stat. (2014) (“Immediately upon the making

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

real property vested in the City pursuant to section 74.061. Under this theory, he argues that he is entitled

Department of Agriculture & Consumer Services v. Bogorff

35 So. 3d 84, 2010 Fla. App. LEXIS 6563, 2010 WL 1880468

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 60294286

Published

Corp., 267 So.2d 633, 639 (Fla.1972)). . See § 74.061, Fla. Stat. (2008); Behm v. Div. of Admin., State

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

vests in the petitioner upon such deposit. See § 74.061, Fla. Stat. Here, the hearing was held in December

Seminole County v. M.G. Investments of Orlando, Inc.

714 So. 2d 1066, 1998 Fla. App. LEXIS 6655, 1998 WL 307561

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 64781950

Published

damages for the taking. Additionally relying upon section 74.061, Florida Statutes (1995), appellant contends

Manhattan Properties Ltd. v. Division of Administration, State, Department of Transportation

541 So. 2d 655, 14 Fla. L. Weekly 658, 1989 Fla. App. LEXIS 1236, 1989 WL 20102

District Court of Appeal of Florida | Filed: Mar 8, 1989 | Docket: 64641576

Published

compensation likewise vested in them. They cite to section 74.061, Florida Statutes (1983), to support that contention

Crigger v. Florida Power Corp.

509 So. 2d 1322, 12 Fla. L. Weekly 1735, 1987 Fla. App. LEXIS 9275

District Court of Appeal of Florida | Filed: Jul 16, 1987 | Docket: 64628436

Published

with a new and different date of taking. Under section 74.061, Florida Statutes, for the purpose of computing

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

estimate of the value of the property being taken. § 74.-061, Fla.Stat. (1983). The court may disburse this

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

condemnation proceedings, filed pursuant to section 74.061, Florida Statutes (1977), interest accrues

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

deposit, the petitioner is vested with title. § 74.061, Fla.Stat. (1979). Appellant seeks to further

Division of Administration, State Department of Transportation v. Shepard

382 So. 2d 45, 1979 Fla. App. LEXIS 15785

District Court of Appeal of Florida | Filed: Nov 9, 1979 | Docket: 64575449

Published

whether a court should award interest under Section 74.061, Florida Statutes (1977), in the absence of

Behm v. Division of Administration, State Department of Transportation

366 So. 2d 828, 1979 Fla. App. LEXIS 13986

District Court of Appeal of Florida | Filed: Jan 24, 1979 | Docket: 64568195

Published

upon taking and is available to the condemnee. Section 74.061, Florida Statutes (1969). Unlike Florida, Rhode

Continental Equities, Inc. v. Jacksonville Transportation Authority

360 So. 2d 1101, 1978 Fla. App. LEXIS 16285

District Court of Appeal of Florida | Filed: Jun 21, 1978 | Docket: 64565414

Published

Transportation Authority were conveyed to Galardi. Section 74.061, Florida Statutes (1975), provides in part:

Ago

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

Published

shall vest in the persons entitled thereto. Section 74.061, F.S. And upon motion of the landowner in "quick