Florida Statute 362.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 362
SPECIAL POWERS OF TELEGRAPH AND TELEPHONE COMPANIES

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F.S. 362.02

362.02 Powers of eminent domain.—Any telegraph or telephone company now organized or which may hereafter be organized under the laws of this or any other state shall have the right to construct, maintain and operate lines of telegraph or telephone along and upon the right-of-way of any railroad in the state, and to that end is granted all powers for the exercise of the right of eminent domain; provided, the ordinary travel or use of said railroad is not interfered with by reason thereof; and provided further, that no pole shall be erected nearer than 20 feet from the outer edge of the track, unless by the consent of the railroad company.

History.—s. 1, ch. 5211, 1903; GS 2821; RGS 4374; CGL 6338.

F.S. 362.02 on Google Scholar

F.S. 362.02 on Casetext

Amendments to 362.02

Arrestable Offenses / Crimes under Fla. Stat. 362.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 362.02.

Annotations, Discussions, Cases:

Cases Citing Statute 362.02

Total Results: 20

Patterson v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-07-27

Citation: 197 So. 3d 1220, 2016 Fla. App. LEXIS 11359, 2016 WL 4035595

Snippet: points, Patterson alleged, he would have scored 362.2 points, which would have placed him in a sentencing

Martinez v. Cramer

Court: District Court of Appeal of Florida | Date Filed: 2013-08-07

Citation: 121 So. 3d 580, 2013 WL 4006526, 2013 Fla. App. LEXIS 12357

Snippet: re*583view of the initial guardianship report. § 744.362(2), Fla. Stat. (2012). We have previously held that

Martinez v. Cramer

Court: District Court of Appeal of Florida | Date Filed: 2013-06-19

Citation: 125 So. 3d 974, 2013 WL 3014005, 2013 Fla. App. LEXIS 9647

Snippet: review of the initial guardianship report. § 744.362(2), Fla. Stat. (2012). We have previously held that

McMahon v. Ryan

Court: District Court of Appeal of Florida | Date Filed: 2007-08-24

Citation: 964 So. 2d 198, 2007 Fla. App. LEXIS 13237, 2007 WL 2402729

Snippet: Resnick & HenRy J. SommeR, Collier on Bankkuptcy § 362.02 (15th ed. rev.2007). Accordingly, as a general

City of Orlando v. MSD-MATTIE, LLC

Court: District Court of Appeal of Florida | Date Filed: 2005-02-04

Citation: 895 So. 2d 1127, 2005 WL 264119

Snippet: case turned on a specific Florida statute, section 362.02, which expressly permitted the proposed use. Therefore

Carnival Corp. v. Hertz Corp.

Court: District Court of Appeal of Florida | Date Filed: 1999-12-01

Citation: 748 So. 2d 323, 1999 Fla. App. LEXIS 15754, 1999 WL 1075943

Snippet: remedy when injured by a co-worker. Id., 194 So. at 362.2 This policy will in no way be furthered by allowing

Santa Rosa County v. Gulf Power Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-03-30

Citation: 635 So. 2d 96, 1994 WL 101078

Snippet: enter into the agreements, asserting that section 362.02, Florida Statutes, prevented the counties from

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-01-19

Snippet: assessments and service charges. Pursuant to s. 197.362(2), Fla. Stat. (1993), special assessments authorized

Davis v. MCI Telecommunications Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-10-22

Citation: 606 So. 2d 734, 1992 WL 301304

Snippet: cable from the property. MCI relies on section 362.02, Florida Statutes, as authority for it to acquire

Navarro v. Barnett Bank of West Fla.

Court: District Court of Appeal of Florida | Date Filed: 1989-04-28

Citation: 543 So. 2d 304, 1989 WL 46727

Snippet: serve the writ. See Sweat v. Waldon, 167 So.2d at 362. [2] This principle applies even over pending cases

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: (1985); telegraph and telephone companies, see § 362.02, Fla. Stat. (1985). The power of eminent domain

Brunswick Corp. v. Creel

Court: District Court of Appeal of Florida | Date Filed: 1985-06-20

Citation: 471 So. 2d 617, 10 Fla. L. Weekly 1534

Snippet: Barnes, Inc. v. Paducah Box & Basket Co., 147 Fla. 362, 2 So.2d 861 (1941). The record in this case reflects

Ago

Court: Florida Attorney General Reports | Date Filed: 1982-10-19

Snippet: ) Section 163.370(1)(a)3., F.S. See also, s 163.362(2)(d), F.S., which requires that every community redevelopment

McIntire v. Green-Tree Communities, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1975-08-01

Citation: 318 So. 2d 197

Snippet: Company v. State, Fla.App.2d, 1965, 176 So.2d 362. [2] See 10 A.L.R.2d 801. [3] E.g., Cunningham Brothers

Grant v. State

Court: District Court of Appeal of Florida | Date Filed: 1972-05-02

Citation: 261 So. 2d 519, 1972 Fla. App. LEXIS 6865

Snippet: Defendant. See Grant v. State, 171 So.2d 361 at 362. “(2) Defendant’s allegations that the trial court

Shaughnessy v. Metropolitan Dade County

Court: District Court of Appeal of Florida | Date Filed: 1970-08-11

Citation: 238 So. 2d 466

Snippet: NOTES [1] 2 Am.Jur.2d, Administrative Law, § 362. [2] Metropolitan Dade County Zoning Appeals Board

Luckey v. Thornton

Court: District Court of Appeal of Florida | Date Filed: 1965-01-26

Citation: 171 So. 2d 410

Snippet: Barnes, Inc. v. Paducah Box & Basket Co., 147 Fla. 362, 2 So.2d 861. Accordingly the judgment is reversed

Shore v. Steckloff

Court: District Court of Appeal of Florida | Date Filed: 1958-12-11

Citation: 107 So. 2d 171

Snippet: not expressed in the title of said chapter 57-362. “2. That the defendants are estopped to claim upland

J. I. Kelly Co. v. Saint Paul Fire & Marine Insurance

Court: Supreme Court of Florida | Date Filed: 1908-06-15

Citation: 56 Fla. 456

Snippet: Hartford Fire Ins. Co., 99 Ala. 221, 13 South. Rep. 362; 2 Words and Phrases, 1281. “In England it is settled

Hopkins v. Burney

Court: Supreme Court of Florida | Date Filed: 1848-01-15

Citation: 2 Fla. 42

Snippet: N. 2, 3. Toller on Executors, 112. Cro. Jac., 362. 2 Bouvier’s L. Dict., Title Trespass, 579. And proof