166.401
Right of eminent domain; procedure; compliance with limitations.
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166.401 Right of eminent domain; procedure; compliance with limitations.—
(1) All municipalities in the state may exercise the right and power of eminent domain; that is, the right to appropriate property within the state, except state or federal property, for the uses or purposes authorized pursuant to this part. The absolute fee simple title to all property so taken and acquired shall vest in such municipal corporation unless the municipality seeks to condemn a particular right or estate in such property.
(2) Each municipality is further authorized to exercise the eminent domain power granted to the Department of Transportation in s. 337.27(1) and the transportation corridor protection provisions of s. 337.273.
(3) The local governing body of a municipality may not exercise its power of eminent domain unless the governing body adopts a resolution authorizing the acquisition of a property, real or personal, by eminent domain for any municipal use or purpose designated in such resolution.
History.—s. 1, ch. 73-129; s. 5, ch. 88-168; s. 18, ch. 90-227; s. 63, ch. 99-385; s. 13, ch. 2006-11.
Notes of Decisions
Cited in 4
cases, 1979–1995 · leading case: City of Ocala v. Nye
City of Ocala v. Nye (1992)
“Although section 166.401, Florida Statutes (1989), [6] purports to authorize municipalities to exercise eminent domain powers, municipalities could exercise those powers for a valid municipal purpose without any such "grant" of authority.”
Basic Energy Corp. v. Hamilton County (1995)
“[3] Section 166.401, Florida Statutes, provides that municipalities may exercise the power of eminent domain "for the uses or purposes authorized pursuant to this part.”
Florida East Coast Ry. Co. v. City of Miami (1979)
“[3] "Municipalities are authorized to exercise the power of eminent domain for the following uses or purposes: * * * (2) Over railroads, traction and street car lines, telephone and telegraph lines, all public and private streets and highways, drainage districts, bridge…”
Nye v. City of Ocala (1990)
“[5] Indeed, we note the legislature amended section 166.401, Florida Statutes, in 1988 to explicitly authorize municipalities to exercise eminent domain powers granted to DOT in section 337.”
— 166.401(2) — 1 case
City of Ocala v. Nye (1992)
“Although section 166.401, Florida Statutes (1989), [6] purports to authorize municipalities to exercise eminent domain powers, municipalities could exercise those powers for a valid municipal purpose without any such "grant" of authority.”
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