Florida Statute 361.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 361
PUBLIC UTILITIES: SPECIAL POWERS

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F.S. 361.03

361.03 Right of eminent domain to electric railway companies.—Any electric railway company operating or constructing any line of its railway outside the incorporated limits of cities or towns in this state, whether for the purpose of transporting passengers exclusively or not, shall have the same rights, powers and privileges of eminent domain as are now exercised and enjoyed by all railroad and canal companies in this state, as and with reference to and concerning the condemnation of public and private property for the right-of-way of such railroads and canals, and such electric railway company shall have the right, privilege and authority to condemn and acquire such right-of-way for the construction of its lines in the same manner and by the use of the same process as is now prescribed by the laws of this state for the condemnation of right-of-way for railroads and canals, and each and every one of the laws of the state applying to the condemnation of right-of-way for railroads and canals in this state, shall apply to, govern and control the acquisition of such right-of-way by and for such electric railway companies.

History.—s. 1, ch. 5018, 1901; GS 2685; RGS 4113; CGL 6044.

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Amendments to 361.03

Annotations, Discussions, Cases:

Cases Citing Statute 361.03

Total Results: 9

In Re Carpet Center Leasing Company, Inc.

4 F.3d 940, 1993 U.S. App. LEXIS 25168

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 1993 | Docket: 847628

Cited 10 times | Published

Trustee's reliance on Sec. 361(3) is misplaced. Section 361(3) states that adequate protection required under

St. Petersburg Federal Savings & Loan Ass'n v. Vincent (In Re Vincent)

7 B.R. 866, 1980 Bankr. LEXIS 3867

United States Bankruptcy Court, M.D. Florida | Filed: Dec 29, 1980 | Docket: 1839253

Cited 7 times | Published

of adequately protecting a secured creditor and § 361(3) provides that if the secured party realizes the

Desert Fire Protection v. Fontainebleau Las Vegas Holdings, LLC (In Re Fontainebleau Las Vegas Holdings, LLC)

434 B.R. 716, 2010 WL 2774828

District Court, S.D. Florida | Filed: Jul 14, 2010 | Docket: 2053396

Cited 6 times | Published

entity's interest in such property." 11 U.S.C. § 361(3). The Debtors did not make cash payments or provide

In Re Senior Care Properties, Inc.

137 B.R. 527, 26 Collier Bankr. Cas. 2d 1301, 6 Fla. L. Weekly Fed. B 25, 1992 Bankr. LEXIS 191, 22 Bankr. Ct. Dec. (CRR) 1031, 1992 WL 43341

United States Bankruptcy Court, N.D. Florida | Filed: Feb 25, 1992 | Docket: 2557629

Cited 5 times | Published

does have such an interest, then, NBD argues, § 361(3) allows for adequate protection by providing the

In Re O'Quinn

98 B.R. 86, 1989 Bankr. LEXIS 422, 1989 WL 28612

United States Bankruptcy Court, M.D. Florida | Filed: Mar 23, 1989 | Docket: 1811981

Cited 1 times | Published

address the request for adequate protection. Section 361(3) of the Code allows a Court to provide adequate

Farm Credit of Florida, ACA v. Sugarleaf Timber, LLC

529 B.R. 317, 2015 U.S. Dist. LEXIS 45003

District Court, M.D. Florida | Filed: Mar 23, 2015 | Docket: 65517037

Published

the adequate protection statute, see 11 U.S.C. § 361(3) (stating that, when adequate protection is required

In re Mulberry Corp.

261 B.R. 757, 2001 WL 476396

United States Bankruptcy Court, M.D. Florida | Filed: Mar 9, 2001 | Docket: 65782166

Published

satisfactory adequate protection in accordance with Section 361(3). According to the Debtors, this indubitable

Bonapfel v. Nalley Motor Trucks (In re Carpet Center Leasing Co.)

4 F.3d 940

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 1993 | Docket: 64014840

Published

II.A: The Trustee’s reliance on § 361(3) is misplaced. Section 361(3) states that adequate protection

Chrysler Credit Corp. v. Ruggiere

727 F.2d 1017

Court of Appeals for the Eleventh Circuit | Filed: Mar 19, 1984 | Docket: 66195641

Published

what he bargained for.”); 2 Collier on Bankruptcy § 361.03 (1983). Chrysler had a security interest in “all