Florida Statute 704.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

View Entire Chapter

F.S. 704.04

¹704.04 Judicial remedy and compensation to servient owner.—When the owner or owners of such lands across which a statutory way of necessity under s. 704.01(2) is claimed, exclusive of the common-law right, objects or refuses to permit the use of such way under the conditions set forth herein or until she or he receives compensation therefor, either party or the board of county commissioners of such county may file suit in the circuit court of the county wherein the land is located in order to determine if the claim for said easement exists, and the amount of compensation to which said party is entitled for use of such easement. When said easement is awarded to the owner of the dominant tenement, it shall be in compliance with s. 704.01(2) and shall exist so long as such easement is reasonably necessary. The court, in its discretion, shall determine all questions, including the type, duration, extent, and location of the easement, the amount of compensation, and the attorney’s fees and costs to be awarded to either party for unreasonable refusal to comply with the provisions of s. 704.01(2), provided that if either of said parties so requests in her or his original pleadings, the amount of compensation may be determined by a jury trial. The easement shall date from the time the award is paid.

History.—s. 4, ch. 28070, 1953; s. 2, ch. 91-117; s. 789, ch. 97-102; ss. 3, 4, ch. 2005-214.

¹Note.—Section 4, ch. 2005-214, reenacted s. 704.04 as it existed prior to amendment by s. 3, ch. 2005-214, “[e]ffective only if a court determines that [s.] 704.04 . . . , as amended by [s. 3, ch. 2005-214], is unconstitutional and such determination is upheld on appeal,” to read:

704.04 Judicial remedy and compensation to servient owner.—When the owner or owners of such lands across which a statutory way of necessity under s. 704.01(2) is claimed, exclusive of the common-law right, objects or refuses to permit the use of such way under the conditions set forth herein or until she or he receives compensation therefor, either party or the board of county commissioners of such county may file suit in the circuit court of the county wherein the land is located in order to determine if the claim for said easement exists, and the amount of compensation to which said party is entitled for use of such easement. Where said easement is awarded to the owner of the dominant tenement, it shall be in compliance with s. 704.01(2) and shall exist so long as such easement is reasonably necessary for the purposes stated herein. The court, in its discretion, shall determine all questions, including the type, duration, extent, and location of the easement, the amount of compensation, and the attorney’s fees and costs to be awarded to either party for unreasonable refusal to comply with the provisions of s. 704.01(2) provided that if either of said parties so requests in her or his original pleadings, the amount of compensation may be determined by a jury trial. The easement shall date from the time the award is paid.

F.S. 704.04 on Google Scholar

F.S. 704.04 on CourtListener

Amendments to 704.04

Annotations, Discussions, Cases:

Cases Citing Statute 704.04

Total Results: 24

Blanton v. City of Pinellas Park

887 So. 2d 1224, 2004 WL 2359991

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1515177

Cited 46 times | Published

statutory way of necessity. See § 704.04, Fla. Stat. (2003).[5] Section 704.04 allows a circuit court to determine

Parham v. Reddick

537 So. 2d 132, 1988 WL 138488

District Court of Appeal of Florida | Filed: Dec 29, 1988 | Docket: 2558902

Cited 9 times | Published

easement is a suit for compensation pursuant to section 704.04, *136 Florida Statutes.[1]Sapp v. General Development

Hanna v. Means

319 So. 2d 61

District Court of Appeal of Florida | Filed: Aug 8, 1975 | Docket: 444216

Cited 9 times | Published

payment of just compensation therefor as required by § 704.04, F.S. 1971 (it seems agreed that a stream and/or

Reyes v. Perez

284 So. 2d 493

District Court of Appeal of Florida | Filed: Oct 19, 1973 | Docket: 1427519

Cited 9 times | Published

law origin and hence does not qualify under Section 704.04, F.S. 1971, F.S.A. For historical background

Cirelli v. Ent

885 So. 2d 423, 2004 WL 2340685

District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 1286814

Cited 8 times | Published

compensation the landlocked owner owes for its use. § 704.04, Fla. Stat. (2002); Parham; Sapp. Once the way

Deseret Ranches of Florida, Inc. v. Bowman

349 So. 2d 155, 1977 Fla. LEXIS 3900

Supreme Court of Florida | Filed: Apr 21, 1977 | Docket: 1655116

Cited 8 times | Published

compensation is met by the statute in question. Section 704.04, Florida Statutes (1975), provides a judicial

Moran v. Brawner

519 So. 2d 1131, 1988 WL 8385

District Court of Appeal of Florida | Filed: Feb 11, 1988 | Docket: 1698476

Cited 7 times | Published

section 704.01(2), Florida Statutes (1985), and section 704.04, Florida Statutes (1985) (dealing with compensation

Stein v. Darby

126 So. 2d 313

District Court of Appeal of Florida | Filed: Jan 24, 1961 | Docket: 1314622

Cited 7 times | Published

practicable public or private road. * * *" F.S. § 704.04, F.S.A.: "Judicial remedy and compensation to

Sapp v. General Development Corp.

472 So. 2d 544, 10 Fla. L. Weekly 1655

District Court of Appeal of Florida | Filed: Jul 3, 1985 | Docket: 1793833

Cited 6 times | Published

compensation for a statutory way of necessity. § 704.04, Fla. Stat. (1983). One of the requirements of

Trammell v. Ward

667 So. 2d 223, 1995 WL 492949

District Court of Appeal of Florida | Filed: Aug 21, 1995 | Docket: 313295

Cited 3 times | Published

seems such claim should be brought pursuant to section 704.04, Florida Statutes. See Parham v. Reddick, 537

Bell v. Cox

642 So. 2d 1381, 1994 WL 151316

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 549360

Cited 2 times | Published

costs of $6,557.55 to Cox against Bell under section 704.04, Florida Statutes (1991), because Bell unreasonably

Vitelli v. Hagger

268 So. 3d 246

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 64710891

Cited 1 times | Published

to the right of way across their property. See § 704.04, Fla. Stat. (2017) (providing for award of attorney's

Csx Transportation, Inc. v. Vosika

943 So. 2d 996, 2006 Fla. App. LEXIS 20753, 2006 WL 3589007

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 2581627

Cited 1 times | Published

for appellee's statutory way-of-necessity. See § 704.04, Fla. Stat. (2003). Having considered the record

In Re Farmer

237 B.R. 210, 12 Fla. L. Weekly Fed. B 344, 1999 Bankr. LEXIS 984, 1999 WL 613492

United States Bankruptcy Court, M.D. Florida | Filed: May 27, 1999 | Docket: 1475419

Cited 1 times | Published

financial affairs of a debtor as required by Section 704(4) of the Bankruptcy Code. The trustee further

Vitelli v. Hagger

268 So. 3d 246

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 64710890

Published

to the right of way across their property. See § 704.04, Fla. Stat. (2017) (providing for award of attorney's

Paul R. Messer and Betty J. Messer v. Mark James Sander, and Julia Dils Sander, etc.

182 So. 3d 795

District Court of Appeal of Florida | Filed: Jan 5, 2016 | Docket: 3025963

Published

comply” with the provisions of the easement statute. § 704.04, Fla. Stat. (2014). On remand, the trial court

MESSER v. SANDER

144 So. 3d 566, 2014 WL 3281822, 2014 Fla. App. LEXIS 10536

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 60242513

Published

are entitled to attorney’s fees pursuant to section 704.04. We remand for the trial court to make all

In Re Carlson

380 B.R. 906, 2008 Bankr. LEXIS 209

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 29, 2008 | Docket: 1473471

Published

responsibilities of the Trustee pursuant to 11 U.S.C. § 704. 4. The undersigned conducted a Rule 2004 Examination

In Re Carlson

380 B.R. 906, 2008 Bankr. LEXIS 209

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 29, 2008 | Docket: 1473471

Published

responsibilities of the Trustee pursuant to 11 U.S.C. § 704. 4. The undersigned conducted a Rule 2004 Examination

Staten v. Gonzalez-Falla

904 So. 2d 498, 2005 Fla. App. LEXIS 7276, 2005 WL 1160198

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64839040

Published

nearest practicable public or private road ... Section 704.04, Florida Statutes (2001), provides for compensation

Hoffman v. Laffitte

564 So. 2d 170, 1990 Fla. App. LEXIS 4521, 1990 WL 85437

District Court of Appeal of Florida | Filed: Jun 21, 1990 | Docket: 64651619

Published

used only in an orderly and proper manner. Section 704.04, Florida Statutes (1987), provides a judicial

Ford v. Miller

506 So. 2d 464, 12 Fla. L. Weekly 1101, 1987 Fla. App. LEXIS 7901

District Court of Appeal of Florida | Filed: Apr 22, 1987 | Docket: 64626842

Published

instituted their cause of action pursuant to section 704.04, which statute provides for the filing of an

Franklin v. Boatright

399 So. 2d 1132, 1981 Fla. App. LEXIS 20276

District Court of Appeal of Florida | Filed: Jun 25, 1981 | Docket: 64583361

Published

South Dade Farms were cured by the enactment of Section 704.04 providing for compensation to the servient

Bradshaw v. Prasek

114 So. 2d 821

District Court of Appeal of Florida | Filed: Sep 30, 1959 | Docket: 60193405

Published

the use to which said lands are being put; * Section 704.04, Florida Statutes, F.S.A., provides in part: