Florida Statute 166.401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.401

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.

(4) Each municipality shall strictly comply with the limitations set forth in ss. 73.013 and 73.014.

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.

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Amendments to 166.401

Arrestable Offenses / Crimes under Fla. Stat. 166.401

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.401.

Annotations, Discussions, Cases:

Cases Citing Statute 166.401

Total Results: 5

Basic Energy Corp. v. Hamilton County

Court: District Court of Appeal of Florida | Date Filed: 1995-04-06

Citation: 652 So. 2d 1237, 1995 WL 147367

Snippet: between state prisons and county jails. [3] Section 166.401, Florida Statutes, provides that municipalities

City of Ocala v. Nye

Court: Supreme Court of Florida | Date Filed: 1992-10-08

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

Snippet: of Sunrise, 354 So.2d at 1209. Although section 166.401, Florida Statutes (1989),[6] purports to authorize

Nye v. City of Ocala

Court: District Court of Appeal of Florida | Date Filed: 1990-04-05

Citation: 559 So. 2d 360, 1990 WL 37482

Snippet: municipalities to exercise the power of eminent domain (§§ 166.401, 166.411, Fla. Stat.) to authorize municipalities

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-08-24

Snippet: including zoning ordinances, is regulated by s. 166.401, F.S. As your questions are related, I will answer

Florida East Coast Ry. Co. v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 1979-06-12

Citation: 372 So. 2d 152

Snippet: brought inter alia under the authority of Sections 166.401, 166.411(4), Florida Statutes (1977), and Ch. 24708