Florida Statute 337.27 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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F.S. 337.27

337.27 Exercise of power of eminent domain by department; procedure; title; cost.—

(1) The power of eminent domain is vested in the department to condemn all necessary lands and property, including rights of access, air, view, and light, whether public or private, for the purpose of securing and utilizing transportation rights-of-way, including, but not limited to, any lands reasonably necessary for securing applicable permits, areas necessary for management of access, borrow pits, drainage ditches, water retention areas, rest areas, replacement access for landowners whose access is impaired due to the construction of a facility, and replacement rights-of-way for relocated rail and utility facilities; for existing, proposed, or anticipated transportation facilities on the State Highway System or State Park Road System; or in a transportation corridor designated by the department; or for the purposes of screening, relocation, removal, or disposal of junkyards and scrap metal processing facilities. The department shall also have the power to condemn any material and property necessary for such purposes. The secretary of the Department of Transportation may delegate the authority to execute eminent domain resolutions to the department’s chief administrative officer of the district in which the property is located, or to the chief administrative officer of the Office of Florida Turnpike if the property is to be acquired for a turnpike system project.

(2) Title to any land acquired in the name of the department vests in the state.

(3) The department is authorized to pay the judgment or compensation, including deposits required, awarded in any such proceedings out of any funds available to the department for the maintenance or construction of any transportation facility on the State Highway System, on the State Park Road System, or in a transportation corridor designated by the department.

(4) When the department acquires property for a transportation facility or in a transportation corridor through the exercise of eminent domain authority, or by purchase or donation, it is not subject to any liability imposed by chapter 376 or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. This section does not affect the rights or liabilities of any past or future owners of the acquired property nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The department and the Department of Environmental Protection may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the department.

History.—s. 106, ch. 29965, 1955; s. 18, ch. 57-318; ss. 23, 35, ch. 69-106; s. 1, ch. 80-312; s. 165, ch. 84-309; s. 2, ch. 84-319; s. 3, ch. 87-164; s. 1, ch. 87-242; s. 18, ch. 88-168; s. 6, ch. 89-232; s. 132, ch. 92-152; s. 166, ch. 94-356; s. 64, ch. 99-385.

F.S. 337.27 on Google Scholar

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Amendments to 337.27

Arrestable Offenses / Crimes under Fla. Stat. 337.27

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.27.

Annotations, Discussions, Cases:

Cases Citing Statute 337.27

Total Results: 18

System Components Corp. v. Florida Deparment of Transportation

Court: Fla. | Date Filed: 2009-07-09T00:00:00-07:00

Citation: 14 So. 3d 967, 34 Fla. L. Weekly Supp. 393, 2009 Fla. LEXIS 1026, 2009 WL 1955233

Snippet: .1988) (upholding the constitutionality of section 337.27(3), Florida Statutes (1985)). In 1999, the Legislature

STATE, DEPT. OF TRANSP. v. Patel

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-15T00:53:00-07:00

Citation: 768 So. 2d 1173

Snippet: taking, DOT would seek a whole take under section 337.27(2), Florida Statutes (1997).[1] Mr. Patel's…STRINGER, J., Concur. NOTES [1] We note that section 337.27(2) was repealed, effective January 1, 2000. See

Karen's Tack, Inc. v. State Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-19T00:00:00-07:00

Citation: 754 So. 2d 722, 1999 Fla. App. LEXIS 6696, 1999 WL 314272

Snippet: the entire shopping center pursuant to section 337.27(2), Florida Statutes (1997). That statute authorizes

State v. Barbara's Creative Jewelry

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-24T00:53:00-07:00

Citation: 728 So. 2d 240

Snippet: property." 337.27(2), Fla. Stat. (1995). Thus, the plain language of section 337.27(2) makes proof…condemnation of the entire parcel under section 337.27(2), Florida Statutes (1995), on the ground that…the whole property under the authority of section 337.27(2) and Department of Transportation v. Fortune …, the court denied the order of taking. Section 337.27(2) provides as follows: In the acquisition of lands…the public purpose, consistent with the section 337.27(2) directive to reduce acquisition costs, by providing

Dixie Oil Co. of Florida v. State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1995-07-13T00:00:00-07:00

Citation: 657 So. 2d 1258, 1995 Fla. App. LEXIS 7506, 1995 WL 410684

Snippet: the Department’s condemnation powers in section 337.27, Florida Statutes, can be reconciled with its regulatory

City of Ocala v. Nye

Court: Fla. | Date Filed: 1992-10-08T00:53:00-07:00

Citation: 608 So. 2d 15

Snippet: entirety in order to reduce acquisition costs. Section 337.27(1), Florida Statutes (1989), vests in the DOT the…secure transportation rights-of-way, while section 337.27(2) authorizes the DOT to acquire the land in its…those powers granted to the DOT under subsections 337.27(1) and (2). See § 127.01(1)(b), Fla. Stat. (1989…than those so expressly prohibited. [4] Section 337.27(2), Florida Statutes (1989), authorizes the DOT…granted to the Department of Transportation in s. 337.27(1) and the transportation corridor protection provisions

Nye v. City of Ocala

Court: Fla. Dist. Ct. App. | Date Filed: 1990-04-05T00:53:00-07:00

Citation: 559 So. 2d 360

Snippet: section 337.27(3), Florida Statutes. [3] The constitutionality of this subsection (then § 337.27(3)) was…section 337.27(1) but did not include in this authorization the power granted to DOT by section 337.27(2).…necessary where they would save money by doing so, §§ 337.27(2),[2] 127.01(1)(b), Fla. Stat., the municipality… made a specific exception as to DOT in section 337.27(2), Florida Statutes, which essentially provides

DOT v. Fortune Federal Sav. & Loan Ass'n

Court: Fla. | Date Filed: 1988-08-18T00:53:00-07:00

Citation: 532 So. 2d 1267

Snippet: So.2d 1172 (Fla. 2d DCA 1987), in which section 337.27(3), Florida Statute (1985) was held invalid. We…one of great public importance: Whether section 337.27(3), Florida Statutes (1985), which limits acquisition…purpose of limiting acquisition costs under section 337.27(3), Florida Statutes (1985), which allows the state…Statutes (1985). DOT attempted to invoke section 337.27(3) which allows the state agency to take an entire…the Second District Court of Appeal held section 337.27(3) unconstitutional as allowing a taking without

Joint Ventures, Inc. v. Dept. of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-01-28T23:53:00-08:00

Citation: 519 So. 2d 1069

Snippet: instruments of sale, leases or conveyances), section 337.27 (permitting it to exercise its power of eminent

State v. Fortune Fed. Sav. & Loan Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-29T00:53:00-07:00

Citation: 507 So. 2d 1172

Snippet: costs" mentioned in section 337.27(3) and that for section 337.27(3) to be applicable the direct cost… solely upon § 337.27(3) as the basis for the taking. The pertinent portion of § 337.27(3), enacted in…concerned with the constitutionality of section 337.27(3), Florida Statutes (1985). The following facts…that a "whole take" pursuant to section 337.27(3) was justified because the "acquisition …hearing, and their briefs filed with the Court is § 337.27(3), enacted in 1984. There is no record of utilization

Ago

Court: Fla. Att'y Gen. | Date Filed: 1980-12-08T23:53:00-08:00

Snippet: state roads is vested in the state (see ss. 335.02, 337.27, and 337.29, F. S.) and since the state has never

Housing Authority of Fort Lauderdale v. State Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1980-06-18T00:00:00-07:00

Citation: 385 So. 2d 690, 1980 Fla. App. LEXIS 16432

Snippet: department to condemn property is found in Section 337.27(1), Florida Statutes (1977), which provides: The

West Gate Shopping Center, Inc. v. Division of Administration, State Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1978-10-18T00:00:00-07:00

Citation: 363 So. 2d 407, 1978 Fla. App. LEXIS 16801

Snippet: open to travel by the public. . . .” Sections 337.-27(1), 334.03(7), Florida Statutes (1977). The Department

Salfi v. Division of Administration, State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1975-05-23T00:00:00-07:00

Citation: 312 So. 2d 781, 1975 Fla. App. LEXIS 14921

Snippet: the source of the power is found in Fla.Stat. § 337.27 (1973), and that rest areas are not there specified

Georgia Southern & Fla. Ry. Co. v. STATE ROAD DEPT. OF FLA.

Court: Fla. Dist. Ct. App. | Date Filed: 1965-06-10T00:53:00-07:00

Citation: 176 So. 2d 111

Snippet: 134 So.2d 848 (Fla. App.2d 1961). [2] Sections 337.27 and 127.01 (1), Florida Statutes, F.S.A. [3] City

State Road Department of Florida v. Southland, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1960-01-20T23:53:00-08:00

Citation: 117 So. 2d 512

Snippet: .2d 578. [4] 23 U.S.C.A. § 108. [5] F.S. Sec. 337.27 F.S.A. "Rights-of-way acquired by department

Ferguson v. Brogan

Court: Fla. | Date Filed: 1933-06-28T00:00:00-08:00

Citation: 149 So. 772, 111 Fla. 224

Snippet: is not well taken. Cruzen v. Stephens, 123 Mo. 337, 27 S.W. Rep. 557. Neither has it been shown that there

State v. Atlantic Coast Line Railroad

Court: Fla. | Date Filed: 1906-06-15T00:00:00-08:00

Citation: 52 Fla. 646

Snippet: See State v. Jacksonville Terminal Co., 41 Fla. 337, 27 South. Rep. 225. The rights of the respondent under