Florida Statutes
Fla. Stat. § 362.02 (2025)
Powers of eminent domain.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 7
cases, 1985–2011 · leading case: Davis v. MCI Telecomm. Corp., 606 So. 2d 734 (Fla. 1st DCA 1992).
Davis v. MCI Telecomm. Corp., 606 So. 2d 734 (Fla. 1st DCA 1992). “MCI relies on section 362.02, Florida Statutes, as authority for it to acquire from the railroad "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…”
Whispell Foreign Cars, Inc. v. United States, 97 Fed. Cl. 324 (Fed. Cl. 2011). “The court held that the Telegraph Act, Fla. Stat. § 362.02 (1989), authorized the telephone company to place buried cable along the railroad right of way without paying just compensation or obtaining permission from plaintiffs.”
Santa Rosa Cnty. v. Gulf Power Co., 635 So. 2d 96 (Fla. 1st DCA 1994). “Both BellSouth and Southland declined to enter into the agreements, asserting that section 362.02, Florida Statutes, prevented the counties from requiring them to obtain a franchise.”
Whispell Foreign Cars, Inc. v. United States, 100 Fed. Cl. 529 (Fed. Cl. 2011). “The court held that- the Telegraph Act, Fla. Stat. § 362.02 (1989), authorized the telephone company to place buried cable along the railroad right of way without paying just compensation or obtaining permission from plaintiffs, Davis, 606 So.”
Devon-Aire Villas Home. v. Americable Assoc., 490 So. 2d 60 (Fla. 3d DCA 1985). “(1985); telegraph and telephone companies, see § 362.02, Fla. Stat. (1985). The power of eminent domain has also been granted to government to erect public buildings; further public education; conserve the public health, promote morals and safety of the state; aid in slum…”
City of Orlando v. MSD-MATTIE, LLC, 895 So. 2d 1127 (Fla. 5th DCA 2005). “The decision in that case turned on a specific Florida statute, section 362.02, which expressly permitted the proposed use.”
McMahon v. Ryan, 964 So. 2d 198 (Fla. 5th DCA 2007). “SommeR, Collier on Bankkuptcy § 362.02 (15th ed. rev.2007). Accordingly, as a general rule, the automatic stay prohibits a plaintiff from initiating or proceeding with a lawsuit against the debtor after a petition for bankruptcy has been filed, when the suit seeks to recover on…”
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