Florida Statute 337.27 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

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

View Entire Chapter

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

F.S. 337.27 on CourtListener

Amendments to 337.27

Annotations, Discussions, Cases:

Cases Citing Statute 337.27

Total Results: 12

System Components Corp. v. Florida Deparment of Transportation

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

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 60241330

Cited 16 times | Published

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

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

532 So. 2d 1267, 1988 WL 110108

Supreme Court of Florida | Filed: Aug 18, 1988 | Docket: 1510243

Cited 13 times | Published

507 So.2d 1172 (Fla. 2d DCA 1987), in which section 337.27(3), Florida Statute (1985) was held invalid

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

519 So. 2d 1069, 13 Fla. L. Weekly 289, 1988 Fla. App. LEXIS 402, 1988 WL 6398

District Court of Appeal of Florida | Filed: Jan 29, 1988 | Docket: 1698848

Cited 8 times | Published

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

City of Ocala v. Nye

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

Supreme Court of Florida | Filed: Oct 8, 1992 | Docket: 2528818

Cited 3 times | Published

entirety in order to reduce acquisition costs. Section 337.27(1), Florida Statutes (1989), vests in the DOT

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

507 So. 2d 1172

District Court of Appeal of Florida | Filed: May 29, 1987 | Docket: 459931

Cited 3 times | Published

here concerned with the constitutionality of section 337.27(3), Florida Statutes (1985). The following

STATE, DEPT. OF TRANSP. v. Patel

768 So. 2d 1173, 2000 Fla. App. LEXIS 11739, 2000 WL 1299286

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 526552

Cited 2 times | Published

partial taking, DOT would seek a whole take under section 337.27(2), Florida Statutes (1997).[1] Mr. Patel's

State v. Barbara's Creative Jewelry

728 So. 2d 240, 1998 WL 329456

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1673895

Cited 1 times | Published

sought condemnation of the entire parcel under section 337.27(2), Florida Statutes (1995), on the ground

Nye v. City of Ocala

559 So. 2d 360, 1990 WL 37482

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 1524434

Cited 1 times | Published

has made a specific exception as to DOT in section 337.27(2), Florida Statutes, which essentially provides

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

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

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 64796288

Published

take” of the entire shopping center pursuant to section 337.27(2), Florida Statutes (1997). That statute authorizes

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

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

District Court of Appeal of Florida | Filed: Jul 13, 1995 | Docket: 64757864

Published

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

Housing Authority of Fort Lauderdale v. State Department of Transportation

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

District Court of Appeal of Florida | Filed: Jun 18, 1980 | Docket: 64577158

Published

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

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

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

District Court of Appeal of Florida | Filed: May 23, 1975 | Docket: 64546481

Published

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