Florida Statute 361.025 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 361.025

Total Results: 6

Pichowski v. Florida Gas Transmission Co.

Court: District Court of Appeal of Florida | Date Filed: 2003-08-08

Citation: 857 So. 2d 219, 2003 WL 21819032

Snippet: 74. See § 361.05. This contrasts with sections 361.025 and 361.08, which specifically grant to railroad

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-12-15

Snippet: Review of Railroads, Chapters 351, 354 and section 361.025, Florida Statutes, prepared by Staff of The Florida

Devon-Aire Villas Home. v. Americable Assoc.

Court: District Court of Appeal of Florida | Date Filed: 1985-12-17

Citation: 490 So. 2d 60

Snippet: domain is granted to railroad companies, see § 361.025, Fla. Stat. (1985); water works companies, see

Gotthardt v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-09-12

Citation: 475 So. 2d 281, 10 Fla. L. Weekly 2108

Snippet: early state case is State v. Cooper, 1 Green Law 361, 25 Am.Dec. 490 (N.J. 1833), in which the court held

Florida Bar v. Fassett

Court: Supreme Court of Florida | Date Filed: 1980-06-12

Citation: 384 So. 2d 1288, 1980 Fla. LEXIS 4261

Snippet: Respondent’s public reprimand. Costs in the amount of $361.25 are hereby taxed against the Respondent. It is

Florida State Racing Commission v. Bourquardez

Court: Supreme Court of Florida | Date Filed: 1949-08-02

Citation: 42 So. 2d 87, 1949 Fla. LEXIS 960

Snippet: United States, 220 U.S. 37, 31 S.Ct. 362, 55 L.Ed. 361; 25 R.C.L. Sec. 248, page 1009. *Page 91 It is my