Florida Statute 74.111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 74
PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN

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F.S. 74.111

74.111 Drainage districts and housing authorities.—In any action instituted by a drainage or subdrainage district, or housing authority wherein the petitioner seeks to avail itself of the provisions of this chapter:

(1) Action under this chapter shall not be taken unless the chair or other legally constituted head of the petitioning authority empowered to acquire the land shall be of the opinion that the ultimate award probably will be within the limits of the authority’s ability to pay.

(2) It shall be lawful for the petitioner to expend moneys duly appropriated for the purpose of availing itself of the provisions of this chapter in going forward with the project for which the land was taken; provided that, in the opinion of the attorney representing the taking authority, the title has been vested in the authority taking, or all persons having an interest therein have been made parties to such proceeding and will be bound by the final judgment therein.

(3) No money shall be paid nor contracts made for payment for any construction or maintenance proposed by the petitioner under this chapter in excess of the amount specifically appropriated therefor by the Legislature of the state, or procured by and secured to the petitioner under contracts with private persons, firms, or corporations in accordance with the laws authorizing such taking authority to negotiate contracts with private persons, firms, or corporations, or by the issuance of bonds and other debentures pursuant to tax levies duly made, all in accordance with the law in such cases made and provided.

(4) The attorney representing the petitioner is authorized to stipulate or agree in behalf of the taking authority to exclude any property, or any part thereof, or any interest therein, that may have been, or may be taken by or on behalf of the authority taking by the declaration of taking, or otherwise.

History.—s. 4, ch. 65-369; s. 366, ch. 95-147.

F.S. 74.111 on Google Scholar

F.S. 74.111 on Casetext

Amendments to 74.111

Arrestable Offenses / Crimes under Fla. Stat. 74.111

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 74.111.

Annotations, Discussions, Cases:

Cases Citing Statute 74.111

Total Results: 6

Duck Tours Seafari, Inc. v. City of Key West

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-16T23:53:00-08:00

Citation: 875 So. 2d 650

Snippet: Omni Outdoor Advertising, Inc., 499 U.S. 365, 370-74, 111 S.Ct. 1344 (1991) (where state statute authorizes

Kogan v. Robbins

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-10T00:00:00-08:00

Citation: 594 So. 2d 355, 1992 Fla. App. LEXIS 2263, 1992 WL 43210

Snippet: homestead exemption, citing 1974 Op.Att’y Gen.Fla. 074-111 (April 9, 1974). The controlling authority, however

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-06-03T00:53:00-07:00

Snippet: of Art. VII, s. 6, State Const. Cf., AGO's 074-111 and 071-19 and ss.196.031(2) and 196.041, F.S.

Span ex rel. Pain v. Wagoner Construction Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1974-11-08T00:00:00-08:00

Citation: 303 So. 2d 447, 1974 Fla. App. LEXIS 9515

Snippet: Appeal dismissed. No. 74-111 District Court of Appeal of Florida fladistctapp Fla.

Wooff v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1974-05-17T00:00:00-07:00

Citation: 294 So. 2d 733, 1974 Fla. App. LEXIS 10686

Snippet: Appeal dismissed. No. 74-111 District Court of Appeal of Florida fladistctapp Fla.

Trojan-U. S. Powder v. J. R. Brent Development Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1974-05-08T00:00:00-07:00

Citation: 295 So. 2d 148, 1974 Fla. App. LEXIS 11180

Snippet: PER CURIAM. Appeal dismissed. No. 74-111 District Court of Appeal of Florida fladistctapp