Florida Statute 127.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 127
RIGHT OF EMINENT DOMAIN TO COUNTIES

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F.S. 127.01

127.01 Counties delegated power of eminent domain; recreational purposes, issue of necessity of taking; compliance with limitations.—

(1)(a) Each county of the state is delegated authority to exercise the right and power of eminent domain; that is, the right to appropriate property, except state or federal, for any county purpose. The absolute fee simple title to all property so taken and acquired shall vest in such county unless the county seeks to condemn a particular right or estate in such property.

(b) Each county is further authorized to exercise the eminent domain power granted to the Department of Transportation by s. 337.27(1), the transportation corridor protection provisions of s. 337.273, and the right of entry onto property pursuant to s. 337.274.

(2) However, no county has the right to condemn any lands outside its own county boundaries for parks, playgrounds, recreational centers, or other recreational purposes. In eminent domain proceedings, a county’s burden of showing reasonable necessity for parks, playgrounds, recreational centers, or other types of recreational purposes shall be the same as the burden in other types of eminent domain proceedings.

(3) A county shall strictly comply with the limitations set forth in ss. 73.013 and 73.014.

History.—s. 1, ch. 7338, 1917; RGS 1503; CGL 2281; s. 1, ch. 22802, 1945; s. 18, ch. 63-559; s. 5, ch. 73-299; s. 1, ch. 84-319; s. 17, ch. 85-80; s. 4, ch. 88-168; s. 1, ch. 91-141; s. 62, ch. 99-385; s. 4, ch. 2006-11.

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Amendments to 127.01

Annotations, Discussions, Cases:

Cases Citing Statute 127.01

Total Results: 17

Yoder v. Sarasota County

81 So. 2d 219

Supreme Court of Florida | Filed: Jun 15, 1955 | Docket: 1283707

Cited 15 times | Published

and Chapter 22802, Laws of Florida 1945, F.S.A. § 127.01. The cause proceeded to trial and resulted in

Dade County v. Oolite Rock Company

311 So. 2d 699

District Court of Appeal of Florida | Filed: Apr 1, 1975 | Docket: 1776596

Cited 14 times | Published

north of Miller Road near 72nd Avenue. [2] By § 127.01(2) Fla. Stat., F.S.A., when the necessity to take

United States v. Eduardo Herrera

711 F.2d 1546, 1983 U.S. App. LEXIS 24712

Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 1983 | Docket: 956478

Cited 13 times | Published

in 22 C.F.R. § 121.-01(a) (1982) and 22 C.F.R. § 127.01(a) (1982) *1556(criminalizing attempts to export

United States v. Fu Chin Chung

931 F.2d 43, 1991 U.S. App. LEXIS 9312, 1991 WL 63747

Court of Appeals for the Eleventh Circuit | Filed: May 13, 1991 | Docket: 514741

Cited 9 times | Published

Act, 22 U.S.C. § ] 2778(b) and (c) and 22 C.F.R. § 127.1.” He also appeals his sentence, which was imposed

Florida East Coast Ry. Co. v. Broward Cty.

421 So. 2d 681

District Court of Appeal of Florida | Filed: Nov 3, 1982 | Docket: 1719324

Cited 9 times | Published

Chapters 73 and 74, Florida Statutes (1981). Section 127.01 delegates to the county the power of eminent

Dade County v. Paxson

270 So. 2d 455

District Court of Appeal of Florida | Filed: Dec 12, 1972 | Docket: 1688603

Cited 6 times | Published

(owned by the appellees Harvey, et al). Pursuant to § 127.01, Fla. Stat., F.S.A., the county filed its petition

Sylvester v. Sylvester

557 So. 2d 599, 1990 WL 6451

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 457027

Cited 4 times | Published

beneficiary would not appertain. Scott On Trusts, § 127-1. Therefore, if the trial judge envisioned invading

City of Ocala v. Nye

608 So. 2d 15, 17 Fla. L. Weekly Supp. 611, 1992 Fla. LEXIS 1637, 1992 WL 275893

Supreme Court of Florida | Filed: Oct 8, 1992 | Docket: 2528818

Cited 3 times | Published

the DOT under subsections 337.27(1) and (2). See § 127.01(1)(b), Fla. Stat. (1989). Thus, the legislature

Nye v. City of Ocala

559 So. 2d 360, 1990 WL 37482

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 1524434

Cited 1 times | Published

authorized to acquire the entire tract.[3] By section 127.01(1)(b), Florida Statutes, the legislature has

Pinellas County, Florida v. Gary Joiner, etc.

Supreme Court of Florida | Filed: Jun 27, 2024 | Docket: 68891393

Published

property and appropriate it for a county purpose, § 127.01, Fla. Stat. (2014), and all powers of local self-government

GARY W. JOINER, SUCCESSOR TO MIKE WELLS v. PINELLAS COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243974

Published

placed on this power in the governing statute, section 127.01(1), Florida Statutes (1987)—which remains

Alachua County v. Wagner

581 So. 2d 948, 1991 Fla. App. LEXIS 5581, 1991 WL 103464

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 64659853

Published

1320, 1324 (Fla. 2d DCA 1989) *951(construing Section 127.01(2), Florida Statutes (1989), re: eminent domain

Hillsborough County v. Lutz Realty & Investment Co.

553 So. 2d 1320, 14 Fla. L. Weekly 2844, 1989 Fla. App. LEXIS 7052, 1989 WL 151454

District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 64647077

Published

commissioners or the exercise of discretion by them.” § 127.01(2), Fla.Stat. (1987). In this case, the trial

Prosser v. Polk County

545 So. 2d 934, 14 Fla. L. Weekly 1304, 1989 Fla. App. LEXIS 2969, 1989 WL 55349

District Court of Appeal of Florida | Filed: May 24, 1989 | Docket: 64643434

Published

the present action is therefore precluded. Section 127.01(l)(a), Florida Statutes (1987), delegates to

City of Miami v. Cox

313 So. 2d 443, 1975 Fla. App. LEXIS 14829

District Court of Appeal of Florida | Filed: May 27, 1975 | Docket: 64546748

Published

on appeal is, therefore, affirmed. . Compare § 127.01(2), Fla.Stat.

Ago

Florida Attorney General Reports | Filed: Aug 1, 1974 | Docket: 3257645

Published

that there was a "public necessity" for it. Section 127.01(2), F.S. Now, however, to lease a portion of

Palm Beach County v. Inlet Bay Club, Inc.

280 So. 2d 692, 1973 Fla. App. LEXIS 7880

District Court of Appeal of Florida | Filed: Jul 6, 1973 | Docket: 64533528

Published

We affirm. The Legislature in its wisdom per Section 127.01(2), F.S.1971, F.S.A., decided that the necessity