Florida/Georgia Personal Injury & Workers Compensation

periodic cash payments in accordance with 11 U.S.C. § 361(1). 3 The bankruptcy court granted Orix

payments to provide adequate protection under Section 361(1) is a final judgment. The grant of relief from

post-petition payments only afforded 11 U.S.C. § 361(1) protection against the erosion of Foremost's secured

payments from the Debtor pursuant to 11 U.S.C. § 361(1). At a hearing on the motion, the Court also continued

non-exclusive list of examples in Section 361. Section 361(1) states that adequate protection may be provided

...hat condemnation constitutes a gross abuse of discretion by the Utility. Turning now to a close examination of Seadade's position, we find that it concedes the Utility has the power and authority to condemn land for a proper purpose under Fla. Stat. § 361.01, F.S.A., and our decision in Demeter Land Co....

...e in the Sound. The Canal route fell across Seadade's lands, and so condemnation proceedings were commenced by the Utility. Second, the Utility asserts that it has conformed to all statutory requirements regarding condemnation and taking. Fla. Stat. § 361.01, F.S.A....

the value of a creditor's collateral. 11 U.S.C. § 361(1); United Sav. Ass'n of Texas v. Timbers of Inwood

...This proposition is even more relevant when, as here, the amendment occurs prior to trial.”). For all of these reasons, we affirm the well-reasoned decision of the trial court. . FPL has a statutory right to enter the property of its customers for this and other related service purposes. See § 361.01, Fla....

...Appellee proposed two alternative routes over other portions of their property and offered to donate the portions of land necessary to either alternative route. Appellant refused. The trial court found that appellant had exceeded its statutory authority to acquire real property by eminent domain under Section 361.01, Florida Statutes (1977) and Section 74.011, Florida Statutes (1978 Supp.)....

alleviate this tension, the Bankruptcy Code fashioned § 361(1) which provides the debtor with access to the collateral

adequate protection payments? CONCLUSIONS OF LAW Section 361(1) of the Bankruptcy Code allows the Court to

...The Petition for Writ of Certiorari is to that Order of Taking. Seadade claims that there were several departures from the essential requirements of law in the entry of the Order of Taking. It concedes that the power company has the power and authority to condemn land for a proper purpose. § 361.01, Fla....

protection to Textron, in accordance with 11 U.S.C. § 361(1), in respect of Textron's liens securing the Textron

payments to provide adequate protection under Section 361(1) is a final judgment. The grant of relief from

protection by periodic cash payments pursuant to Section 361(1) or an additional or replacement lien pursuant

...service to the petitioner’s customers. The respondent possesses the right of eminent domain by virtue of the provisions of Chapters 73, 74, and 361, Florida Statutes, F.S.A., and Article X, Section 6(a), of the Florida Constitution of 1968, F.S.A. Section 361.01, Florida Statutes, F.S.A., provides that the “president and directors of any corporation organized for the purpose of constructing, maintaining or operating public works, or their properly authorized agents” may appropriate lands needed in their business through eminent domain....

...Appellants, contend that in so providing Chapter 28007' violates Section 12, Declaration of Rights, and Section 29, Article XVI, Constitution of Florida, F.S.A. Appellee is a public service corporation clothed with the power of eminent domain, under Section 361.01, F.S.1951, F.S.A....

...Chapters 73 and 74, F.S.A., a public works corporation is granted authority to enter upon adjacent lands and take therefrom material necessary for the construction and repair of its works and improvements, upon making due compensation according to law, under the following provisions of F.S. § 361.01, F.S.A.: “The president and directors of any corporation organized for the purpose of constructing, maintaining or operating public works, or their properly authorized agents, may enter upon any land, public or private, necessary to the b...

...f the trees cut and the damage done to the land by reason of cutting the same. Virginia & C. S. Railroad Co. v. McLean, 158 N.C. 498 , 74 S.E. 461 .” A comparison of the quoted portions of the North Carolina statute with the provisions of Sec. 361.01, supra, shows them to be substantially similar....

calculated based upon the collateral's value. 11 U.S.C. § 361(1). Scant case law exists addressing the interplay

granting additional replacement liens as permitted by § 361(1), (2). It, therefore, appears appropriate to have

adequate protection to Wells by payment pursuant to § 361(1). On December 20, 1984, this Court entered an order

provided by periodic cash payments. 11 U.S.C. Section 361(1). The Debtor's Plan provides Coastal will be

...public utility with condemnation authority. Three years later, Manheimer filed an amended complaint adding a claim for unjust enrichment. FPL responded with another answer and affirmative defenses, now additionally asserting its eminent domain authority pursuant to section 361.01, Florida Statutes, as a regulated public utility and noting the sole remedy Manheimer was entitled to was compensation....

...Chapters 73 and 74, F.S.A., a public works corporation is granted authority to enter upon adjacent lands and take therefrom material necessary for the construction and repair of its works and improvements, upon making due compensation according to law, under the following provisions of F.S., § 361.01, F.S.A.: “ ‘The president and directors of any corporation organized for the purpose of constructing, maintaining or operating public works, or their properly authorized agents, may enter upon any land, public or private, necessary to t...

...267 , 43 L.R.A.,N.S., 483, holding that the public utility company had the right to condemn the privilege of cutting down danger trees adjacent to the transmission line easement, it is further stated in the Wenzel case: “A comparison of the quoted portions of the North Carolina statute with the provisions of Sec. 361.01, supra, shows them to be substantially similar....