The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 361
PUBLIC UTILITIES: SPECIAL POWERS

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F.S. 361.025

361.025 Right of eminent domain to railroad companies.—Any railroad company organized under the laws of this state, or organized under the laws of any other state and qualified to do business in this state, shall have the right of eminent domain to enter upon, for survey purposes, any land necessary for the construction, operation, and maintenance of its roads and required facilities and to appropriate the same or any part thereof upon making due compensation according to the procedures set forth in chapters 73 and 74; however, no such company shall have the right of eminent domain with respect to property belonging to the state or any agency thereof. Any railroad company may construct, operate, and maintain its roads and required facilities on such property, subject only to the permitting requirements and reasonable regulations that may be imposed by the public authorities having jurisdiction over such property. The right of eminent domain for the purpose of securing terminal facilities on any waters of this state, including a sufficient amount of land for such facilities, shall be subordinate to the right of the governmental entity wherein the property is located to condemn such property through the exercise of its powers of eminent domain for a public purpose.

History.—ss. 6, 16, ch. 82-90; s. 3, ch. 83-113; s. 1, ch. 83-212; ss. 9, 10, ch. 92-192; s. 147, ch. 99-13.

F.S. 361.025 on Google Scholar

F.S. 361.025 on Casetext

Amendments to 361.025

Arrestable Offenses / Crimes under Fla. Stat. 361.025

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 361.025.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. PICHOWSKI, L. L. C. I- L. L. C. v. FLORIDA GAS TRANSMISSION COMPANY,, 857 So. 2d 219 (Fla. Dist. Ct. App. 2003)

. . . This contrasts with sections 361.025 and 361.08, which specifically grant to railroad companies and coal . . .

DEVON- AIRE VILLAS HOMEOWNERS ASSOCIATION, NO. INC. a v. AMERICABLE ASSOCIATES, LTD. a a, 490 So. 2d 60 (Fla. Dist. Ct. App. 1985)

. . . The power of eminent domain is granted to railroad companies, see § 361.025, Fla.Stat. (1985); water . . .