Florida Statute 332.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXV
AVIATION

Chapter 332
AIRPORTS AND OTHER AIR NAVIGATION FACILITIES

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F.S. 332.02

332.02 Acquisition of real property for airports.—

(1) Every municipality is hereby authorized through its governing body, to acquire property, real or personal, for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities and to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airports and other air navigation facilities and structures and other property incidental to their operation, either within or without the territorial limits of such municipality and within or without this state; to make, prior to any such acquisition, investigations, surveys, and plans; to construct, install, and maintain airport facilities for the servicing of aircraft and for the comfort and accommodation of air travelers; and to purchase and sell equipment and supplies as an incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air navigation facility owned or controlled by any other municipality of the state without the consent of such municipality. It may use for airport purposes any available property that is now or may at any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.

(2) Property needed by a municipality for an airport or restricted landing area, or for the enlargement of either, or for other airport purposes, may be acquired by purchase, gift, devise, lease, or other means if such municipality is able to agree with the owners of said property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which such municipality is authorized to acquire like property for public purposes, full power to exercise the right of eminent domain for such purposes being hereby granted every municipality both within and without its territorial limits, as specified in and including all the powers, rights, and privileges of chapters 73 and 74. If but one municipality is involved and the charter of such municipality prescribes a method of acquiring property by condemnation, proceedings shall be had pursuant to the provisions of such charter and may be followed as to property within or without its territorial limits. Any title to real property so acquired shall be in fee simple, absolute and unqualified in any way, or any lesser interest therein. For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage. Notwithstanding the provisions of this or any other statute or the provisions of any charter, the municipality may take possession of any such property so to be acquired at any time after the filing of the petition describing the same in condemnation proceedings, as provided in chapter 74. It shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken.

(3) In the event any exercise of power under ss. 332.01-332.12 by a municipality requires the removal, relocation, or reconstruction of any structure located in, on, under, or across any private property, public street or highway, or other public or private places, then such municipality shall reimburse the owner of such structure for the estimated or actual expense of said removal, relocation, or reconstruction prior to the incurring of such expense by such owner.

History.—s. 2, ch. 22846, 1945.

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Amendments to 332.02

Arrestable Offenses / Crimes under Fla. Stat. 332.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 332.02.

Annotations, Discussions, Cases:

Cases Citing Statute 332.02

Total Results: 11

JOHN MCCOY v. R.J. REYNOLDS TOBACCO COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

Citation: 229 So. 3d 827

Snippet: Law Dictionary (8th ed.) (Brian Garner ed.) p. 332. 2 We reverse the circuit court order insofar

Department of Revenue v. Skirko

Court: District Court of Appeal of Florida | Date Filed: 2003-10-10

Citation: 855 So. 2d 1205, 2003 Fla. App. LEXIS 15225, 2003 WL 22316808

Snippet: proper review by this court can be made.” Niemann at 332.2 REVERSED AND REMANDED. THOMPSON and ORFINGER, JJ

Broward County v. Ellington

Court: District Court of Appeal of Florida | Date Filed: 1993-07-21

Citation: 622 So. 2d 1029, 1993 Fla. App. LEXIS 7612, 1993 WL 267377

Snippet: County's taking of residential property under section 332.02, Florida Statutes (Supp. 1990), which provides

Iber v. RPA Intern. Corp.

Court: District Court of Appeal of Florida | Date Filed: 1991-08-13

Citation: 585 So. 2d 367, 1991 Fla. App. LEXIS 8042, 1991 WL 152941

Snippet: as this passage and the precise language of § 332(2) (public invitee person on land "for a purpose for

Special Disability Trust Fund v. Martin Marietta Corp.

Court: District Court of Appeal of Florida | Date Filed: 1987-09-03

Citation: 512 So. 2d 1036, 12 Fla. L. Weekly 2130, 1987 Fla. App. LEXIS 10123

Snippet: should become unemployed.” Idaho Code, section 72-332(2). In its interpretion of the above language, the

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

Court: District Court of Appeal of Florida | Date Filed: 1982-11-03

Citation: 421 So. 2d 681

Snippet: statutory authority Sections 127.01, 125.012(3) and 332.02(2), Florida Statutes (1981), and Chapters 73 and

Ago

Court: Florida Attorney General Reports | Date Filed: 1982-05-11

Snippet: Board v. Laird, 90 So.2d 616 (Fla. 1956). Section 332.02(1) provides in pertinent part: Every municipality

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-09-05

Snippet: airports and other air navigation facilities. Section 332.02. Section 332.08(4) provides for the sale or lease

Mexico Beach Corporation v. St. Joe Paper Company

Court: District Court of Appeal of Florida | Date Filed: 1957-11-05

Citation: 97 So. 2d 708

Snippet: v. Hart, 260 U.S. 427, 43 S.Ct. 154, 67 L.Ed. 332. [2] Black, Law Dictionary (4th Ed. 1951). [3] Institutes

Panama City Airport Board v. Laird

Court: Supreme Court of Florida | Date Filed: 1956-10-31

Citation: 90 So. 2d 616

Snippet: this act, for our purposes, are the following: “332.02 Acquisition of real property for airports “(1)

Spann v. Baltzell

Court: Supreme Court of Florida | Date Filed: 1847-01-15

Citation: 1 Fla. 301

Snippet: statute.” 2 Saund. PI. and Ev. 527, citing 2 East. 332, 2 Burr 1886, 3 Esp. 87, 4 Taun. 117. The English