Florida Statute 361.05 | 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. 361.05

361.05 Right of eminent domain to natural gas companies.—Any corporation or other business entity organized under the laws of this state, or by virtue of the laws of any other state, and qualified to do business in this state, for the purpose of supplying any city, town, village or the inhabitants thereof, or any community with natural gas for domestic or industrial purposes, including any natural gas transmission pipeline company that has received certification under ss. 403.9401-403.9425 or an entity that is subject to regulation under the federal Natural Gas Act, 15 U.S.C. s. 717, shall have the right of eminent domain and may use the provisions of chapters 73 and 74 to lay its pipelines and works; to cause such examinations and surveys for the proposed pipelines to be made as shall be necessary for the selection of the most advantageous routes; to enter upon any land, public or private, necessary to the business contemplated in its charter; to construct its pipelines across, over, under, along, and upon any stream of water, watercourse, canal, lake, bay, gulf, road, street, highway, railroad, and transmission line; to take from any land most convenient to its pipelines and works, any timber, stone, earth, water, or other material which may be necessary to the construction, operation, keeping in repair, or preservation of its pipelines, works, and improvements, upon making due compensation according to law to private owners, with such reservation, if any, of oil, gas, and mineral rights as those owners may determine. If, in order to make repairs to or to relocate any tracks of any railroad or for the performance of any work of construction or reconstruction by any railroad upon its right-of-way, it becomes necessary to relocate temporarily or permanently any natural gas pipeline constructed upon any railroad right-of-way, such work incident to the relocation of such natural gas pipeline shall be performed, and the expense borne, by the company owning or operating that pipeline.

History.—s. 1, ch. 26893, 1951; s. 13, ch. 92-284; s. 1, ch. 2004-77.

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Amendments to 361.05

Arrestable Offenses / Crimes under Fla. Stat. 361.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 361.05.

Annotations, Discussions, Cases:

Cases Citing Statute 361.05

Total Results: 7

In re Amendments to Florida Rules of Judicial Administration 2.240 & 2.241

Court: Supreme Court of Florida | Date Filed: 2013-11-14

Citation: 129 So. 3d 358, 38 Fla. L. Weekly Supp. 830, 2013 WL 6014024, 2013 Fla. LEXIS 2477

Snippet: and shall hold at least- one- public-hearing; *361(5) ■ -The -Qffice-of-the-State-Gourts-Ad-ministrator

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: company under the terms of chapter 180. Section 361.05 allows qualified natural gas transmission pipeline

Walker v. Florida Gas Transmission Co.

Court: District Court of Appeal of Florida | Date Filed: 1986-07-31

Citation: 491 So. 2d 1286, 11 Fla. L. Weekly 1656, 1986 Fla. App. LEXIS 9173

Snippet: right of eminent domain to lay pipe lines. Section 361.05, Florida Statutes (1983). Since the legislature

Brown v. Johns

Court: District Court of Appeal of Florida | Date Filed: 1975-05-15

Citation: 312 So. 2d 526

Snippet: Land Co. v. Hale, 1940, 145 Fla. 389, 199 So. 361. [5] F.S. 66.041-66.101. [6] See McCreary v. Lake

Callison v. Atlantic Coast Line Railroad

Court: Supreme Court of Florida | Date Filed: 1921-12-20

Citation: 82 Fla. 516, 90 So. 619

Snippet: statute. Brown v. Wheeler & Wilson Mfg. Co., 25 Fla. 361, 5 South. Rep. 673; Savannah, Florida, etc. Ry. Co

Neisel v. Moran

Court: Supreme Court of Florida | Date Filed: 1919-08-21

Citation: 80 Fla. 98, 85 So. 346

Snippet: Mich. 401, and Mt. Pleasant v. Vanice, 43 Mich. 361, 5 N. W. Rep. 378, void ordinances were not validated

Mitchell v. Doggett

Court: Supreme Court of Florida | Date Filed: 1847-01-15

Citation: 1 Fla. 356

Snippet: 1836, 8,333 00 Interest to 1st January, 1839, 1,361 05 Two notes added together, $13,186 05 *363On the