Florida Statutes

Fla. Stat. § 361.01 (2025)

Eminent domain.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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361.01 Eminent domain.—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 lands, public or private, necessary to the business contemplated in the charter, and may appropriate the same, or may take from any land most convenient to their work, any timber, stone, earth or other material which may be necessary for the construction and the keeping in repair of its works and improvements upon making due compensation according to law to private owners.

History.—s. 10, ch. 1639, 1868; RS 2158; GS 2683; RGS 4111; CGL 6042.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1954–2023 · leading case: State v. Vino, 100 So. 3d 716 (Fla. 3d DCA 2012).

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State v. Vino, 100 So. 3d 716 (Fla. 3d DCA 2012). · cites it 2× “See § 361.01, Fla. Stat. (2010); see also FPL Tariff Rules 2.”

Seadade Indus., Inc. v. Florida Power & Light Co., 245 So. 2d 209 (Fla. 1971). · cites it 4× “Seadade had attempted to resist the taking on numerous grounds, all of which center on the related propositions that the canal project does not comport with public interest, and that condemnation constitutes a gross abuse of discretion by the Utility.”

Fla. Power Corp. v. Gulf Ridge Council, 385 So. 2d 1155 (Fla. 2d DCA 1980). · cites it 2× “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.”

Florida Power Corp. v. Wenzel, 113 So. 2d 747 (Fla. 2d DCA 1959). · cites it 2× “, 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.”

Seadade Indus., Inc. v. Florida Power & Light Co., 232 So. 2d 46 (Fla. 3d DCA 1970). · cites it 2× “Seadade claims that there were several departures from the essential requirements of law in the entry of the Order of Taking.”

Chalmers v. Florida Power & Light Co., 245 So. 2d 285 (Fla. 1st DCA 1971). · cites it 2× “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…”

Gary I. Manheimer v. Florida Power & Light Co., Etc. (Fla. 3d DCA 2023). · cites it 2× “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.”

Florida Power Corp. v. Griffin, 144 So. 2d 104 (Fla. 2d DCA 1962). “, § 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 business contemplated in the…”

Belcher v. Florida Power & Light Co., 74 So. 2d 56 (Fla. 1954). “14, Florida Statutes 1953, F.S.A. Appellants, contend that in so providing Chapter 28007' violates Section 12, Declaration of Rights, and Section 29, Article XVI, Constitution of Florida, F.”

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