Florida Statutes
Fla. Stat. § 74.091 (2025)
Effect of failure to pay final judgment.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
74.091 Effect of failure to pay final judgment.—Where an order of taking has been entered and deposit made, the failure of the petitioner to pay into the court the compensation ascertained by the jury shall not invalidate said judgment or the title of the petitioner, and such failure shall not authorize any person to molest, interfere with, enter or trespass upon said property; provided, however, persons lawfully entitled to compensation may sue out execution, in the event a timely appeal has not been filed, and such execution may be levied upon the property so condemned and any other property of the petitioner in the same manner as executions are levied in common-law actions.
Notes of Decisions
Cited in 6
cases, 1970–2019 · leading case: Fl. Dept. of Env't Prot. v. Contractpoint Florida Parks, LLC, 986 So. 2d 1260 (Fla. 2008).
Fl. Dept. of Env't Prot. v. Contractpoint Florida Parks, LLC, 986 So. 2d 1260 (Fla. 2008). “That statute provides that where title to property taken in eminent domain has passed to the condemning authority, and the condemning authority does not pay into the court the full amount of compensation due for the taking as determined by the jury, then those persons entitled…”
Florida Dep't of Agric. & Consum. Servs. v. Mendez, 98 So. 3d 604 (Fla. 4th DCA 2012). “…condemned and any other property of the petitioner in the same manner as executions are levied in common-law actions. § 74.091, Fla. Stat.'”
O'SULLIVAN v. City of Deerfield Beach, 232 So. 2d 33 (Fla. 4th DCA 1970). “Finally, we see in Section 74.091, F.S. 1967, that where an order of taking has been entered and deposit made, that failure of the condemnor to complete the transaction by paying the compensation due to the land owners, as determined by the jury in the final proceedings does not…”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “ensation for a governmental taking of their property under article X, section 6(a), of the Florida Constitution; (2) violate the separation of powers doctrine under article II, section 3; and the power of the judiciary under article V, section 1; (3) violate the Lee Homeowners'…”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “ensation for a governmental taking of their property under article X, section 6(a), of the Florida Constitution; (2) violate the separation of powers doctrine under article II, section 3; and the power of the judiciary under article V, section 1; (3) violate the Lee Homeowners'…”
Florida Dep't of Agric. & Consum. Servs. v. Mendez, 126 So. 3d 1192 (Fla. 4th DCA 2012). “125, we certify the following question to be of great public importance: Are property owners who have recovered final judgments against the State of Florida in inverse condemnation proceedings constitutionally entitled to invoke the remedies provided in section 74.091, Florida…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.