Florida Statutes
Fla. Stat. § 166.411 (2025)
Eminent domain; uses or purposes.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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166.411 Eminent domain; uses or purposes.—Subject to the limitations set forth in ss. 73.013 and 73.014, municipalities are authorized to exercise the power of eminent domain for the following uses or purposes:
(1) For the proper and efficient carrying into effect of any proposed scheme or plan of drainage, ditching, grading, filling, or other public improvement deemed necessary or expedient for the preservation of the public health, or for other good reason connected in anywise with the public welfare or the interests of the municipality and the people thereof;
(2) Over railroads, traction and streetcar lines, telephone and telegraph lines, all public and private streets and highways, drainage districts, bridge districts, school districts, or any other public or private lands whatsoever necessary to enable the accomplishment of purposes listed in s. 180.06;
(3) For streets, lanes, alleys, and ways;
(4) For public parks, squares, and grounds;
(5) For drainage, for raising or filling in land in order to promote sanitation and healthfulness, and for the taking of easements for the drainage of the land of one person over and through the land of another;
(6) For reclaiming and filling when lands are low and wet, or overflowed altogether or at times, or entirely or partly;
(7) For the use of water pipes and for sewerage and drainage purposes;
(8) For laying wires and conduits underground; and
(9) For city buildings, waterworks, ponds, and other municipal purposes which shall be coextensive with the powers of the municipality exercising the right of eminent domain.
Notes of Decisions
Cited in 6
cases, 1979–2009 · leading case: Florida East Coast Ry. Co. v. City of Miami, 372 So. 2d 152 (Fla. 3d DCA 1979).
Florida East Coast Ry. Co. v. City of Miami, 372 So. 2d 152 (Fla. 3d DCA 1979). “[2] *156 We are not persuaded by the railroad's contention that Section 166.411(2), Florida Statutes (1977), [3] of the same statute exclusively limits the purposes for which railroad property can be condemned.”
Basic Energy Corp. v. Hamilton Cnty., 652 So. 2d 1237 (Fla. 1st DCA 1995). “051, Florida Statutes (1993) also recognizes the distinction between state prisons and county jails. [3] Section 166.”
Bobby Auton, Etc. v. Dade City, Florida, a Mun. Corp., 783 F.2d 1009 (11th Cir. 1986). “22 (1985) grants municipalities the power of eminent domain in connection with the activities authorized by Chapter 180 while Fla.Stat. § 166.411 (1985) authorizes the use of eminent domain for, among other municipal purposes, the use of water pipes, sewage and drainage…”
Falls Chase Special Taxing Dist. Elba, Inc. Sunshine Land Dev., Inc. & E. Lamar Bailey Assocs. v. City of Tallahassee, 788 F.2d 711 (11th Cir. 1986). “22 (1985) grants municipalities the power of eminent domain in connection with the activities authorized by Chapter 180 while Fla.Stat. § 166.411 (1985) authorizes the use of eminent domain for, among other municipal purposes, the use of water pipes, sewage and drainage pur *714…”
City of Hallandale Beach v. Smith, 853 So. 2d 495 (Fla. 4th DCA 2003). “Section 166.411, Florida Statutes, codifies a municipality’s power of eminent domain.”
Kirkland v. City of Lakeland, 3 So. 3d 398 (Fla. 2d DCA 2009). “There is no dispute that the City of Lakeland has been delegated the State’s power of eminent domain in its charter and by virtue of section 166.411(3), Florida Statutes (2007).”
— 166.411(1) — 1 case
Basic Energy Corp. v. Hamilton Cnty., 652 So. 2d 1237 (Fla. 1st DCA 1995). “051, Florida Statutes (1993) also recognizes the distinction between state prisons and county jails. [3] Section 166.”
— 166.411(2) — 2 cases
Florida East Coast Ry. Co. v. City of Miami, 372 So. 2d 152 (Fla. 3d DCA 1979). “[2] *156 We are not persuaded by the railroad's contention that Section 166.411(2), Florida Statutes (1977), [3] of the same statute exclusively limits the purposes for which railroad property can be condemned.”
City of Hallandale Beach v. Smith, 853 So. 2d 495 (Fla. 4th DCA 2003). “Section 166.411, Florida Statutes, codifies a municipality’s power of eminent domain.”
— 166.411(3) — 1 case
Kirkland v. City of Lakeland, 3 So. 3d 398 (Fla. 2d DCA 2009). “There is no dispute that the City of Lakeland has been delegated the State’s power of eminent domain in its charter and by virtue of section 166.411(3), Florida Statutes (2007).”
— 166.411(4) — 1 case
Florida East Coast Ry. Co. v. City of Miami, 372 So. 2d 152 (Fla. 3d DCA 1979). “[2] *156 We are not persuaded by the railroad's contention that Section 166.411(2), Florida Statutes (1977), [3] of the same statute exclusively limits the purposes for which railroad property can be condemned.”
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