Florida Statute 361.08 | 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. 361.08

¹361.08 Right of eminent domain to coal pipeline companies.—

(1) It is the intent of the Legislature that the purpose of adopting this section to provide eminent domain powers and related benefits to certain firms is to make available low-cost electric power to all residents of the state and that this section should be construed consistently with this public interest policy.

(2) Any corporation, partnership, joint venture, association, or other legal entity organized under the laws of this state, or under the laws of any other state and qualified to do business in this state, for the purpose of supplying any electric utility or utilities; any city, town, or village or the inhabitants thereof; or any community with coal or its derivatives and any mixture and combination thereof by pipeline, and for the purpose of serving as a common carrier operating or proposing to operate a pipeline or pipelines for transporting or delivering coal or its derivatives or any mixture or combination thereof, shall have the right of eminent domain, for the purpose of acquiring title, easements, rights-of-way, or other rights or interests in property, necessary to acquire and take private property which is or may be needed for the construction, operation, maintenance, repair, or replacement of coal slurry and derivative plants, pipelines, pumping stations, and any other installations and works incident thereto. The procedure to condemn property or interest therein shall be exercised in the manner set forth in chapters 73 and 74. In any condemnation proceeding under this act, the circuit court shall restrict the exercise of the right of eminent domain in the following particulars:

(a) The right of eminent domain shall be limited to the taking of property or an interest therein from the owner which results in the least property or interest therein being taken to effect the purpose of the condemning entity.

(b) All takings shall be subject to the legal obligation (which shall become a restrictive covenant on the property or interest therein taken) on the part of the condemning authority and its successor in title or interest, jointly and severally, to convey the title or property interest taken to the condemnee or the condemnee’s heirs, successors, or assigns if the condemned property or interest therein is not used within a reasonable time after the taking, which time limit shall be fixed by the court in the condemnation proceeding.

(c) If the property or interest therein is conveyed to the condemnee or to the condemnee’s heirs, successors, or assigns, the grantee of such conveyance shall pay or cause to be paid to the condemning authority or to its successor in title or interest, as the case may be, consideration, in cash, which shall be equal to the value of the condemned property or interest therein being conveyed, as determined as of the time of the taking, discounted at a rate of 10 percent per year, compounded annually, from the date of the taking to the date of the conveyance.

History.—ss. 1, 2, ch. 79-236; s. 546, ch. 95-148; s. 9, ch. 2006-214.

¹Note.—Section 5, ch. 79-236, provides that “[t]his act shall take effect when every state in which the coal slurry pipeline will pass en route to Florida has enacted laws granting eminent domain authority to coal slurry pipeline companies or other entities operating or proposing to operate a coal slurry pipeline, and when the appropriate governmental authority has guaranteed in writing to the Public Service Commission that a continuous source of water shall be available for use in said coal slurry pipeline.”

F.S. 361.08 on Google Scholar

F.S. 361.08 on Casetext

Amendments to 361.08

Arrestable Offenses / Crimes under Fla. Stat. 361.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 361.08.

Annotations, Discussions, Cases:

Cases Citing Statute 361.08

Total Results: 9

McGilton v. Millman

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-24T00:00:00-08:00

Citation: 868 So. 2d 1259

Snippet: the powers and duties of guardians. Section 744.361(8) provides as follows: The guardian, if authorized…terms of the guardianship plan or by law. § 744.361(8), Fla. Stat. (emphasis added). Under the plain language

Graham v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-11T00:00:00-08:00

Citation: 865 So. 2d 636, 2004 Fla. App. LEXIS 1309, 2004 WL 241404

Snippet: on August 16, 1998. His sentence points totaled 361.8 and the maximum recommended sentence under the guidelines…2); however, Graham’s sentencing points totaled 361.8. The State agrees that, had appellate counsel raised

Pichowski v. Florida Gas Transmission Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-08T00:53:00-07:00

Citation: 857 So. 2d 219

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

In re the Recall of Koretsky

Court: Fla. | Date Filed: 1990-02-15T00:00:00-08:00

Citation: 557 So. 2d 24, 15 Fla. L. Weekly Supp. 75, 1990 Fla. LEXIS 274, 1990 WL 13583

Snippet: municipality may be removed by recall. Section 100.361(8) states that it is the intent of the legislature

In re the Recall of Koretsky

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-26T00:00:00-07:00

Citation: 541 So. 2d 1362, 14 Fla. L. Weekly 1064, 1989 Fla. App. LEXIS 2276

Snippet: municipality may be removed by recall. Section 100.361(8) states that it is the intent of the legislature

Ago

Court: Fla. Att'y Gen. | Date Filed: 1982-10-12T00:53:00-07:00

Snippet: municipality or charter county. See, ss100.361(1)-(3), 100.361(8) and 100.361(9), F.S. Specifically, in pertinent… other method available for recall. Section 100.361(8), F.S., provides as follows: It is the intent

Ago

Court: Fla. Att'y Gen. | Date Filed: 1982-03-01T23:53:00-08:00

Snippet: WHAT IS THE EFFECT OF THE LANGUAGE IN s 100.361(8) AND (9), F.S., RELATING TO `UNIFORM STATEWIDE'…be provided by law, and the provisions of s 100.361(8), F.S., stating that it is the intent of the Legislature…with regard to the instant inquiry, section 100.361(8), F.S., expressly states that it is the intent of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-03-18T00:53:00-07:00

Snippet: exists. Subsection 1(8) of Ch. 74-130, supra [s. 100.361(8)], provides: No person removed by a recall or resigning

First National Bank v. Hirschkowitz

Court: Fla. | Date Filed: 1903-06-15T00:00:00-08:00

Citation: 46 Fla. 588

Snippet: in Sage v. Memphis & L. R. R. Co., 125 U. S. 361, 8 Sup. Ct. Rep. 887, at 376, “he was not bound to