74.071
Paying over funds in court.
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74.071 Paying over funds in court.—At any time, prior to the entry of final judgment, and upon motion by the proper defendants, the court may direct that the sum of money set forth in the declaration of taking be paid forthwith to such defendants from the money deposited in the registry of the court. If the compensation awarded for the property by the final judgment shall exceed the amount withdrawn by the defendant, the court shall enter judgment against the petitioner for the deficiency. If the amount withdrawn exceeds the compensation awarded for the property by the final judgment, the court shall enter a judgment against such defendant for the excess, and such judgment shall be a lien against any of the defendant’s property except his or her homestead.
History.—s. 4, ch. 65-369; s. 365, ch. 95-147.
Notes of Decisions
Cited in 9
cases, 1970–2015 · leading case: Pierpont v. Lee County
Pierpont v. Lee County (1998)
“§ 74.071, Fla. Stat. (1993). Of particular significance is the fact that if a property owner withdraws all of the funds deposited in the court's registry and the final judgment of compensation is for a lesser amount, the condemning authority is entitled to judgment against the…”
Hatch v. Minot (1979)
“The order of the trial judge directing the mortgagors to pay the sum of ,901 to the mortgagee is reversed to the extent that it requires the mortgagors to pay interest on that sum.”
O'SULLIVAN v. City of Deerfield Beach (1970)
“In Section 74.071, F.S. 1967, F.S.A., it is provided that the monies on deposit may be paid forthwith to the land owners.”
Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough County (2014)
“See § 74.071. Thus, there may be good reason for the property owner to await financial satisfaction until the conclusion of the takings case.”
DIV. OF ADMIN., STATE, DOT v. Grossman (1989)
“Section 74.071. However, the landowner's constitutional right to full compensation is determined "in accordance with the provisions of chapter 73.”
Florida Department of Transportation v. Mallards Cove, LLP (2015)
“” § 74.071 (emphasis added). Finally, the legislature placed the property owner on notice of the risk that, should the final compensation award be less than the amount deposited, the condemnor would be entitled to reimbursement of the overage by way of a monetary judgment.”
Youth for Christ of Sarasota, Inc. v. Sarasota County (2000)
“As permitted by section 74.071, Florida Statutes (1993), the landowner withdrew the County’s good faith deposit from the court’s registry.”
Broward County v. Carney (1991)
“We find no abuse of discretion and note that section 74.071 provides: If the compensation awarded for the property by the final judgment shall exceed the amount withdrawn by the defendant, the court shall enter judgment against the petitioner for the deficiency.”
Dade County v. Maule Industries, Inc. (1970)
“to amend the description of the real property involved in this pending eminent domain action by elimination of the parcel of land not needed nor utilized for construction of said highway project, and constituting surplus property, is hereby granted subject to the provisions of…”
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