Florida Statute 74.091 - 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. 74.091

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.

History.—s. 4, ch. 65-369.

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Amendments to 74.091

Annotations, Discussions, Cases:

Cases Citing Statute 74.091

Total Results: 6

FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC

986 So. 2d 1260, 33 Fla. L. Weekly Supp. 493, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20173, 2008 Fla. LEXIS 1240, 2008 WL 2678812

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426739

Cited 44 times | Published

was enacted in 1991. [3] The exception in section 74.091, Florida Statutes (2007), is not applicable

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

forthwith to the land owners. Finally, we see in Section 74.091, F.S. 1967, that where an order of taking has

Florida Department of Agriculture & Consumer Services v. Mendez

98 So. 3d 604, 2012 WL 3023214, 2012 Fla. App. LEXIS 12116

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60312485

Cited 4 times | Published

compensation for a taking, and that another statute, section 74.091, Florida Statutes (2000),2 serves as an exception

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460451

Published

21; and (4) unconstitutionally conflict with section 74.091, Florida Statutes (2015), which provides property

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460863

Published

21; and (4) unconstitutionally conflict with section 74.091, Florida Statutes (2015), which provides property

Florida Department of Agriculture & Consumer Services v. Mendez

126 So. 3d 1192, 2012 WL 4795722, 2012 Fla. App. LEXIS 17452

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60236233

Published

entitled to invoke the remedies provided in section 74.091, Florida Statutes, without first petitioning