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Florida Statute 73.021 | Lawyer Caselaw & Research
F.S. 73.021 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 73
EMINENT DOMAIN
View Entire Chapter
F.S. 73.021
73.021 Petition; contents.Those having the right to exercise the power of eminent domain may file a petition therefor in the circuit court of the county wherein the property lies, which petition shall set forth:
(1) The authority under which and the public use or purpose for which the property is to be acquired, and that the property is necessary for that public use or purpose;
(2) A description identifying the property sought to be acquired. The petitioners may join in the same action all properties involved in a planned project whether in the same or different ownership, or whether or not the property is sought for the same use;
(3) The estate or interest in the property which the petitioner intends to acquire;
(4) The names, places of residence, legal disabilities, if any, and interests in the property of all owners, lessees, mortgagees, judgment creditors, and lienholders, so far as ascertainable by diligent search, and all unknown persons having an interest in the property when the petitioner has been unable to ascertain the identity of such persons by diligent search and inquiry. If any interest in the property, or lien thereon, belongs to the unsettled estate of a decedent, the executor or administrator shall be made a defendant without joining the devisee or heir; if a trust estate, the trustee shall be made a defendant without joining the cestui que trust. The court may appoint an administrator ad litem to represent the estate of a deceased person whose estate is not being administered, and a guardian ad litem for all defendants who are infants or are under other legal disabilities; and for defendants whose names or addresses are unknown. A copy of the order of appointment shall be served on the guardian ad litem at least 10 days before trial unless he or she has entered an appearance;
(5) Whether any mobile home is located on the property sought to be acquired and, if so, whether the removal of that mobile home will be required. If such removal shall be required, the petition shall name the owners of each such mobile home as defendants. This subsection shall not apply to any governmental authority exercising its power of eminent domain when reasonable relocation or removal expenses must be paid to mobile home owners under other provisions of law or agency rule applicable to such exercise of power;
(6) A statement that the petitioner has surveyed and located its line or area of construction, and intends in good faith to construct the project on or over the described property; and
(7) A demand for relief that the property be condemned and taken for the uses and purposes set forth in the petition, and that the interest sought be vested in the petitioner.
History.s. 1, ch. 65-369; s. 2, ch. 77-51; s. 358, ch. 95-147; s. 3, ch. 2006-11.

F.S. 73.021 on Google Scholar

F.S. 73.021 on Casetext

Amendments to 73.021


Arrestable Offenses / Crimes under Fla. Stat. 73.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.021.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LEON COUNTY, v. LAKESHORE GARDENS HOMEOWNERS ASSOCIATION, INC. a a, 265 So. 3d 706 (Fla. App. Ct. 2019)

. . . rather than joining, as indispensable parties, each individual property owner as specified in section 73.021 . . . any, and interests in the property of all owners ... " in the affected area, as prescribed by section 73.021 . . . Despite the general directions in section 73.021(4) for naming indispensable parties, section 720.303 . . .

VIVERETTE, v. STATE DEPARTMENT OF TRANSPORTATION,, 227 So. 3d 1274 (Fla. Dist. Ct. App. 2017)

. . . Section 73.021, Florida Statutes (2016), provides in pertinent part: Those having the right to exercise . . . Section 73.021 “must be strictly construed in favor of the landowner and ... substantial compliance with . . . In Tosohatchee, the Florida Supreme Court interpreted section 73.021 as requiring that “a petition in . . . defect by requesting leave to file an amended petition or whether the pleading requirements of section 73.021 . . . Based op Cunningham, we hold that the pleading requirements of section 73.021 are not jurisdictional . . .

GOMEZ, A. A. E. v. FRADIN,, 199 So. 3d 554 (Fla. Dist. Ct. App. 2016)

. . . See § 73.021(4), Fla. Stat. (2016). . . .

TEITELBAUM, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,, 176 So. 3d 998 (Fla. Dist. Ct. App. 2015)

. . . In typical takings cases, the state entity files a petition of condemnation, § 73.021, Fla. . . .

PINELLAS COUNTY, v. K. BALDWIN,, 80 So. 3d 366 (Fla. Dist. Ct. App. 2012)

. . . In accordance with section 73.021, Florida Statutes (2010), a petition for eminent domain must be filed . . . "that when a property owner sues to compel compliance with Chapter 73, the venue provision, section 73.021 . . .

CALHOUN, DREGGORS ASSOCIATES, v. VOLUSIA COUNTY,, 26 So. 3d 624 (Fla. Dist. Ct. App. 2009)

. . . .” § 73.021, Fla. Stat. (2008). . . .

KIRTON, v. FIELDS, v. H. v., 997 So. 2d 349 (Fla. 2008)

. . . : § 39.402(8)(c) (shelter hearings); § 39.807(2)(a) (termination of parental rights proceedings); § 73.021 . . .

CHRISTIAN ROMANY CHURCH MINISTRIES, INC. v. BROWARD COUNTY, a N. A., 980 So. 2d 1164 (Fla. Dist. Ct. App. 2008)

. . . See generally § 73.021, Fla. . . .

B. RAWLS, v. LEON COUNTY, a a, 974 So. 2d 543 (Fla. Dist. Ct. App. 2008)

. . . See § 73.021(1), Fla. Stat. (2007). . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. PETERSEN Dr. M., 920 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . In eminent domain proceedings, section 73.021(4), Florida Statutes (2004), permits the court to appoint . . .

CITY OF HALLANDALE BEACH, v. SMITH, 853 So. 2d 495 (Fla. Dist. Ct. App. 2003)

. . . . § 73.021, Fla. Stat. . . . by eminent domain, the statutory provisions of a petition in eminent domain, as defined by section 73.021 . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. CITY OF POMPANO BEACH,, 829 So. 2d 928 (Fla. Dist. Ct. App. 2002)

. . . that when a property owner sues to compel compliance with Chapter 73, the venue provision, section 73.021 . . .

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. GIBBINS,, 696 So. 2d 888 (Fla. Dist. Ct. App. 1997)

. . . See §§ 73.021(1) — (7), Fla. Stat. (1993). . . . . 5th DCA 1994) (“[T]he statutory provisions of a petition in eminent domain, as defined by section 73.021 . . .

BASIC ENERGY CORPORATION, v. HAMILTON COUNTY, a a, 667 So. 2d 249 (Fla. Dist. Ct. App. 1995)

. . . Section 73.021, Fla.Stat., requires that the petition state, among other things, the use for which the . . .

BREVARD COUNTY, v. C. RAMSEY,, 658 So. 2d 1190 (Fla. Dist. Ct. App. 1995)

. . . See also § 73.021(4), Fla.Stat. (1993) (“if a trust estate, the trustee shall be made a defendant without . . .

SARASOTA COUNTY, a v. EX Ex,, 645 So. 2d 7 (Fla. Dist. Ct. App. 1994)

. . . . § 73.021, Fla.Stat. (1993). . . .

CITY OF OCALA, v. RED OAK FARM, INC., 636 So. 2d 81 (Fla. Dist. Ct. App. 1994)

. . . by eminent domain, the statutory provisions of a petition in eminent domain, as defined by section 73.021 . . . Section 73.021, Florida Statutes (1991) provides in part: Petition; contents. — Those having the right . . .

T. B. WALKER, Jr. J. F. v. FLORIDA GAS TRANSMISSION COMPANY,, 491 So. 2d 1286 (Fla. Dist. Ct. App. 1986)

. . . . 1008, 90 S.Ct. 565, 24 L.Ed.2d 500; contain a description of the property to be acquired, Section 73.021 . . .

CANAL AUTHORITY OF STATE OF FLORIDA, v. HARBOND, INC., 433 So. 2d 1345 (Fla. Dist. Ct. App. 1983)

. . . Thus the necessity for the taking was put in issue, as is required by section 73.021(1), Florida Statutes . . .

DISTRICT BOARD OF TRUSTEES OF DAYTONA BEACH COMMUNITY COLLEGE, v. H. ALLEN,, 428 So. 2d 704 (Fla. Dist. Ct. App. 1983)

. . . Sec. 73.021(1), Fla.Stat. . . .

FLORIDA EAST COAST RAILWAY COMPANY, a v. BROWARD COUNTY, a, 421 So. 2d 681 (Fla. Dist. Ct. App. 1982)

. . . Section 73.021 requires that a petition for eminent domain recite the authority for the taking and the . . .

DEPARTMENT OF TRANSPORTATION, v. B. BURNETTE, 384 So. 2d 916 (Fla. Dist. Ct. App. 1980)

. . . Florida Statutes, §§ 73.021, 74.031 (1979); Tosohatchee Game Preserve, Inc. v. . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. FLORIDA PSYCHIATRIC SOCIETY, INC. L. M. D., 382 So. 2d 1280 (Fla. Dist. Ct. App. 1980)

. . . facilities are for those “who are acutely emotionally disturbed and who need immediate care” (Rule 10D-73.021 . . .

KATZ v. DADE COUNTY, a, 367 So. 2d 277 (Fla. Dist. Ct. App. 1979)

. . . following statement as to the “use for which the property is to be acquired . . ” as required by § 73.021 . . .

FLORIDA EAST COAST RAILWAY COMPANY, v. CITY OF MIAMI,, 346 So. 2d 621 (Fla. Dist. Ct. App. 1977)

. . . See Section 73.021, Florida Statutes (1975); Tosohatchee Game Pres., v. Central & So. Fla. Fl. . . . See Section 73.021, Florida Statutes (1975), supra; City of Miami v. . . .

CITY OF CLEARWATER, a v. JANET LAND CORPORATION,, 343 So. 2d 853 (Fla. Dist. Ct. App. 1976)

. . . See Sec. 73.021(5), Fla.Stat. (1975). . See Ball v. City of Tallahassee, 281 So.2d 333 (Fla. 1973). . . .

S. KIRKPATRICK B. v. CITY OF JACKSONVILLE, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, a, 312 So. 2d 487 (Fla. Dist. Ct. App. 1975)

. . . condemnor’s petition denying that the taking of the property is necessary for a public purpose (see § 73.021 . . .

GULF POWER COMPANY, a v. J. E. STACK, Jr., 296 So. 2d 572 (Fla. Dist. Ct. App. 1974)

. . . To explain: Section 73.021, F.S.A., provides, in its here salient features, “73.021 Petition, contents . . . Stat., Sec. 73.021(1), F.S.A., that the petition show by what authority the property is to be acquired . . .

CITY OF LAKELAND, a v. O. BUNCH, 293 So. 2d 66 (Fla. 1974)

. . . appellant herein, seeks review of a final judgment of the trial court finding Florida Statutes, Sections 73.021 . . . the amount to be deposited for the property sought to be appropriated.” ■ In addition, Fla.Stat. § 73.021 . . . Stat. § 73.021, F.S.A., fails and the landowner has no need to come forzvard with affirmative defenses . . .

CITY OF LAKELAND v. BUNCH,, 39 Fla. Supp. 185 (Polk Cty. Cir. Ct. 1973)

. . . authority of §§167.65 and 16/.66, Florida Statutes, and in accord with the procedural requirements of §§73.021 . . . the fact that the initial pleadings and process served upon the defendant landowners pursuant to §§73.021 . . . It is therefore ordered and adjudged — (1) Florida Statutes 73.021 and 73.031 and Florida Statutes 74.031 . . .

DADE COUNTY, a v. L. PAXSON, Jr. L. PAXSON, Jr. v. DADE COUNTY, a F. HARVEY v. DADE COUNTY, a, 270 So. 2d 455 (Fla. Dist. Ct. App. 1972)

. . . . § 73.021(5), F.S.A.; (2) The county failed in showing the public necessity for the acquisition of the . . . Florida Statute, § 73.021(5), F.S.A., sets out one of the requirements of a petition for eminent domain . . .

TOSOHATCHEE GAME PRESERVE, INCORPORATED, a v. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, a, 265 So. 2d 681 (Fla. 1972)

. . . The contents of a petition seeking to evoke the power of eminent domain are set forth in Section 73.021 . . . with in all proceedings instituted thereunder . . . ’ “We are unable to find any reference in Section 73.021 . . . The requirements for a petition in condemnation are enumerated in Fla.Stat. § 73.021, F.S.A. . . . In pertinent part, that statute provides: “73.021 Petition, contents. . . . Respondent urges that “substantial compliance” with Fla.Stat. § 73.021(1), F.S.A., requires only that . . .

DADE COUNTY, a v. GENERAL WATERWORKS CORPORATION, a, 267 So. 2d 633 (Fla. 1972)

. . . . § 73.021, F.S.A., seeking to condemn all the corporate stock of the named corporations. . . . Fla.Stat. § 73.021, F.S.A., sets forth the requirements for a petition in condemnation. . . . Among these are the following: “73.021 Petition; contents. — Those having the right to exercise the power . . . operating within the framework of the express statutory provisions applicable pursuant to Fla.Stat. § 73.021 . . .

CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, v. TOSOHATCHEE GAME PRESERVE, INCORPORATED, a, 248 So. 2d 193 (Fla. Dist. Ct. App. 1971)

. . . The contents of a petition seeking to evoke the power of eminent domain are set forth in Section 73.021 . . . with in all proceedings instituted thereunder. * * *” We are unable to find any reference in Section 73.021 . . .

J. J. CHALMERS P. v. FLORIDA POWER LIGHT COMPANY, a, 245 So. 2d 285 (Fla. Dist. Ct. App. 1971)

. . . Section 73.021 provides that a petition in condemnation “shall set forth”, among other things, “The estate . . . The allegations of the instant petition failed to meet the requirements of Section 73.021 and failed . . . As quoted above, another provision of Section 73.021, Florida Statutes, F.S.A., requires that a petition . . . “Fla.Stat. § 73.021 (1969) : “ ‘Those having the right to exercise the power of eminent domain may file . . .

DADE COUNTY v. GENERAL WATERWORKS CORPORATION,, 35 Fla. Supp. 71 (Dade Cty. Cir. Ct. 1971)

. . . The procedural statutes governing eminent domain proceedings (§73.021, Florida Statutes) require that . . .

SEADADE INDUSTRIES, INC. a v. FLORIDA POWER LIGHT COMPANY, a, 245 So. 2d 209 (Fla. 1971)

. . . . § 73.021(1), F.S.A., setting forth the Utility’s authority, the use of the property to be condemned . . . Stat. § 73.021(2), F.S.A. . . .

CANAL AUTHORITY a v. J. T. MILLER, Jr. CANAL AUTHORITY a v. C. S. HAYMAN, 243 So. 2d 131 (Fla. 1970)

. . . . § 73.021 (1969) : “Those having the right to exercise the power of eminent domain may file a petition . . . condemning authority never shows a reasonable necessity initially, then the petition under Fla.Stat. § 73.021 . . .

CITY OF MIAMI BEACH, a v. A. J. CUMMINGS, 233 So. 2d 842 (Fla. Dist. Ct. App. 1970)

. . . . § 73.021, Fla.Stat., F.S.A., requires that a condemning authority shall set forth in its petition for . . .

CITY OF MIAMI BEACH, a v. MANILOW, 232 So. 2d 759 (Fla. Dist. Ct. App. 1970)

. . . . § 73.021(5), Fla.Stat, F.S.A., requires that a petition for condemnation shall set forth: # ‡ * 5ji . . .

SEADADE INDUSTRIES, INC. a v. FLORIDA POWER LIGHT CO. a, 232 So. 2d 46 (Fla. Dist. Ct. App. 1970)

. . . . § 73.021, Fla.Stat., F.S.A. . . .

TAMPA PHOSPHATE RAILROAD COMPANY, v. SEABOARD COAST LINE RAILROAD COMPANY,, 418 F.2d 387 (5th Cir. 1969)

. . . . §§ 73.012, 73.021, 73.151, 360.01, 361.01. . . .

STATE McGREEVY v. B. DOWLING, s D., 223 So. 2d 89 (Fla. Dist. Ct. App. 1969)

. . . Section 73.021 Fla.Stat., F.S.A. requires a petition for eminent domain to be filed “in the circuit court . . .

BENEROFE, v. STATE ROAD DEPARTMENT a, 210 So. 2d 28 (Fla. Dist. Ct. App. 1968)

. . . Section 73.021, Florida Statutes, F.S. . . .

CAMP PHOSPHATE COMPANY, v. MARION COUNTY,, 201 So. 2d 793 (Fla. Dist. Ct. App. 1967)

. . . F.S.Section 73.021, F.S.A. prescribes in detail the necessary elements to be inserted in the pleading . . .

B. CLARK v. GULF POWER COMPANY, a, 198 So. 2d 368 (Fla. Dist. Ct. App. 1967)

. . . Section 73.021, Florida Statutes, F.S.A., requires that the petition in eminent domain set forth the . . . The allegations of the instant petition failed to meet the requirements of Section 73.021 and failed . . . Section 73.021 requires the con-demnor in its petition to state the interest in the property which it . . .