Florida/Georgia Personal Injury & Workers Compensation

...See Tallahassee Mem'l Reg'l Med. Ctr., Inc. v. Petersen, 920 So.2d 75, 78 (Fla. 1st DCA 2006) (listing circumstances in which trial court may or must appoint a guardian ad litem: § 39.402(8)(c) (shelter hearings); § 39.807(2)(a) (termination of parental rights proceedings); § 73.021(4) (eminent domain proceedings); § 390.01115(4)(a) (termination of pregnancy without parental notification); § 731.303(4) (probate proceedings); § 743.09(3) (contract for artistic or creative services or professional sport contract); §...

...73, 74, F.S.A.) to those properties which are necessary for the purpose in question. *134 Thus, proof of necessity is a condition precedent to the valid exercise of the power. It is not an affirmative defense to allege a lack of necessity. Fla. Stat. § 73.021 (1969): "Those having the right to exercise the power of eminent domain may file a petition therefore in the circuit court of the county wherein the property lies, which petition shall set forth: "(1) * * * the property is necessary for that use;" As this Court announced in Sibley v....

...Once this is shown the landowner must then either concede the existence of a necessity or be prepared to show bad faith or abuse of discretion as an affirmative defense. However, if the condemning authority never shows a reasonable necessity initially, then the petition under Fla. Stat. § 73.021, F.S.A., fails and the landowner has no need to come forward with affirmative defenses....

...76 Am.Jur.2d Trusts § 1 (1992) citing Restatement (Second) of Trusts § 2 (footnotes omitted). When property held in trust is taken for public use, the trustee and not the beneficiary should be made a party. 2 Julius L. Sackman, Nichols' The Law of Eminent Domain, § 5.10 (rev. 3d ed. 1995) (Sackman). See also § 73.021(4), Fla....

...R-314-69, authorizing the acquisition of the capital stock of six listed companies, including appellee General Waterworks, either by negotiation or through eminent domain. [1] Thereupon the County on July 17, 1969, filed a petition in the Circuit Court pursuant to Fla. Stat. § 73.021, F.S.A., seeking to condemn all the corporate stock of the named corporations....

...is Court were the issue raised. Wilton v. St. Johns County, 98 Fla. 26, 123 So. 527, 65 A.L.R. 488 (1929). In any event, the purpose must be considered a public one in the context of this appeal, since the issue is not properly before us. 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....

...d we find no indication that the County intends to do so if it acquires the property through condemnation. Thus, we are satisfied that the County is operating within the framework of the express statutory provisions applicable pursuant to Fla. Stat. § 73.021, F.S.A....

...ion to have withstood motions to strike and to dismiss. "From our review of the applicable law we are of the opinion that the petition states a cause of action. The contents of a petition seeking to evoke the power of eminent domain are set forth in Section 73.021, Florida Statutes, F.S.A....

...power of eminent domain are governed and controlled by the statutes authorizing them, and these statutes must be strictly construed and substantially complied with in all proceedings instituted thereunder ...' "We are unable to find any reference in Section 73.021 to the need for or effect of an authorizing resolution supporting a petition for condemnation....

...for condemnation; and (2) whether a resolution adopted subsequent to the filing of the condemnation action and attached to an amended petition is adequate for this purpose. 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....

...Jacksonville Expressway Authority, 139 So.2d 135 (Fla. 1962); Brest v. Jacksonville Expressway Authority, 194 So.2d 658 (Fla. App. 1st, 1967); and City of Miami Beach v. Manilow, 232 So.2d 759 (FlaApp. 3rd, 1970). Respondent urges that "substantial compliance" with Fla. Stat. § 73.021(1), F.S.A., requires only that it allege, in its petition, authorization to condemn under Fla....

...ficiency, respondent attached a resolution adopted some three months after original filing of the action in the Circuit Court. In our judgment, the placing in the record of this resolution *684 was inadequate to satisfy the requirement of Fla. Stat. § 73.021(1), F.S.A., that the petition show by what authority the property is to be acquired....

...Therefore, the authorizing resolution, to be in compliance with the rule we enunciate here, would have to have been passed prior to August 8, 1968. Because it was not, the District Court erred in concluding that the petition met the requirements of Fla. Stat. § 73.021, F.S.A., and in reinstating the petition of the Flood Control District in the Circuit Court....

...City of Jacksonville, 312 So.2d 487, 489 (Fla. 1st DCA 1975). In other words, they are actions filed in the absence of a governmental body pursuing a petition for eminent domain. We hold, therefore, that when a property owner sues to compel compliance with Chapter 73, the venue provision, section 73.021, applies....

...s 73 and 74 deal with eminent domain in general and supplemental proceedings. Section 127.01 authorizes a county to exercise the power of eminent domain to take the fee simple title to property or "a *684 particular right or estate in ... property." Section 73.021 requires that a petition for eminent domain recite the authority for the taking and the use for which the property is being taken....

...asville, Georgia." Public utilities have been granted by statute the right of eminent domain. When the exercise of this right is used against an individual to divest him of his property against his will, strict compliance of the law is required. [3] Section 73.021, Florida Statutes, F.S.A., requires that the petition in eminent domain set forth the use for which the property is to be acquired and that the property is necessary for that use....

...of the delegated authority. [6] Therefore, the use which will be made of the property must be alleged in terms specific enough to determine if same constitutes a public use. The allegations of the instant petition failed to meet the requirements of Section 73.021 and failed to set forth the facts necessary for the trial judge to determine whether petitioner is properly exercising its delegated authority prior to entering the order of taking as required by Section 74.051....

...ion line, to keep the right of way clear of brush and trees, to patrol, inspect, repair, rebuild or remove transmission line facilities, to increase the number and size of wires and voltage, and to install the necessary equipment to accomplish same. Section 73.021 requires the condemnor in its petition to state the interest in the property which it intends to acquire and a description identifying the property....

...e charter. Following determination that the canal was essential and necessary, these corporate officers of the Utility adopted formal resolutions ordering that proceedings be begun. Subsequently, a petition in condemnation was filed under Fla. Stat. § 73.021(1), F.S.A., setting forth the Utility's authority, the use of the property to be condemned, and the necessity of the use; the petition included the statement of good faith intention to construct the project as required by Fla. Stat. § 73.021(2), F.S.A....

...when the state has summarily taken his property without due process. If in a condemnation action the landowner does not file written defenses to the condemnor's petition denying that the taking of the property is necessary for a public purpose (see § 73.021(1) and 73.051, Florida Statutes), he is deemed to have admitted such allegation....

...106) The major contentions of the owners of parcels 3 and 4 can be reduced to three arguments. We paraphrase these arguments as: (1) the county failed to plead and prove that a survey was made of the line of construction for the parcels involved pursuant to the requirements of Fla. Stat. § 73.021(5), F.S.A.; (2) The county failed in showing the public necessity for the acquisition of the lands pursuant to § 127.01, Fla. Stat., F.S.A.; and (3) The county failed to show that the required approvals from state and federal agencies had been met prior to acquisition of the land. Florida Statute, § 73.021(5), F.S.A., sets out one of the requirements of a petition for eminent domain as, "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." We, of course, recognize that some of the requirements of the petition, as set out in § 73.021, Fla....

where an estate is not being administered. See § 73.021(4), Fla. Stat. (2016). Neither of these would

...NOTES [1] We have jurisdiction in accordance with Florida Rule of Appellate Procedure 9.130(a)(3)(A). [2] The complaint was limited to the inverse condemnation claim. Ms. Baldwin did not plead any alternative theories for relief. [3] In accordance with section 73.021, Florida Statutes (2010), a petition for eminent domain must be filed "in the circuit court of the county wherein the property lies." Ms....

...Baldwin did not argue that this provision trumped the county's home venue privilege. Cf. Fla. Dep't of Agric. & Consumer Servs. v. City of Pompano Beach, 829 So.2d 928, 931 (Fla. 4th DCA 2002) (holding "that when a property owner sues to compel compliance with Chapter 73, the venue provision, section 73.021, applies").

...Marsicano, and Burton M. Michaels, Tallahassee, for amicus curiae, Fla. League of Cities, Tampa, Inc. HENDRY, Judge, District Court of Appeal. The City of Lakeland, appellant herein, seeks review of a final judgment of the trial court finding Florida Statutes, Sections 73.021, 73.031, 74.031 and 74.041, F.S.A....

...taking, including the jurisdiction of the court, the sufficiency of pleadings, whether the petitioner is properly exercising its delegated authority, and the amount to be deposited for the property sought to be appropriated." In addition, Fla. Stat. § 73.021 F.S.A., requires that in the petition for condemnation the condemnor must state "[T]he authority under which and the use for which the property is to be acquired, and that the property is necessary for that use." In the opinion of the trial...

...Once this is shown the landowner must then either concede the existence of a necessity or be prepared to show bad faith or abuse of discretion as an affirmative defense. However, if the condemning authority *69 never shows a reasonable necessity initially, then the petition under Fla. Stat. § 73.021, F.S.A., fails and the landowner has no need to come forward with affirmative defenses." (Emphasis ours) And, in Ball v....

...irect and circular parries and riposte, and all parties' remises and redoublements, Gulf's quest is at once seen as lacking in the proper statement of a cause of action, and as thwarted by non-established jurisdictional requirements. [1] To explain: Section 73.021, F.S.A., provides, in its here salient features, "73.021 Petition, contents....

...he resolution never was a part of, referred to in, or attached to, the complaint itself or either of its two amendments; (b) "in our judgment, the placing in the record of this resolution was inadequate to satisfy the requirement of Fla. Stat., Sec. 73.021(1), F.S.A., that the petition show by what authority the property is to be acquired", (emphasis supplied), Tosohatchee, 265 So.2d 683-684, in disposing, adversely to the condemnor there, of its resort to the doctrine of "substantial compliance...

...§ 61.401, Fla. Stat. (2004). In quiet title actions, section 65.061(2), Florida Statutes (2004), prohibits the appointment of a guardian ad litem unless it appears that the interests of minors and specified others are involved. In eminent domain proceedings, section 73.021(4), Florida Statutes (2004), permits the court to appoint a guardian ad litem for defendants who are infants or are under other legal disabilities....

...ion for Direct Appropriation of Land Without the Institution or Conclusion of Formal Proceedings Against Specific Owner, 26 A.L.R.4th 68 (1983). In a typical condemnation case, the county files an action to obtain title to property for a public use. § 73.021, Fla....

...To commence condemnation proceedings, "the [state agency] files an action to obtain title to property for a public use." Sarasota County v. Ex, 645 So.2d 7, 9 (Fla. 2d DCA 1994), rev. denied, 654 So.2d 918 (Fla.1995). [4] Florida law provides strict guidelines regarding the content of eminent domain petitions. See §§ 73.021(1)-(7), Fla....

...Nothing short of a petition which adheres to the statutory guidelines will commence condemnation proceedings under chapter 73. See City of Ocala v. Red Oak Farm, Inc., 636 So.2d 81, 83 (Fla. 5th DCA 1994) ("[T]he statutory provisions of a petition in eminent domain, as defined by section 73.021 ..., must be strictly complied with for a valid condemnation.")....

...Inasmuch as there are no roads to this particular property at the present time, it would appear necessary that the power company acquire, by condemnation, an easement of necessity for a sufficient period of time or an estate for years to permit it to store and dispose of this excavated material. § 73.021, Fla....

...Sapp, 280 So.2d 443, 445 (Fla.1973) ("When the trial court approves the determination of reasonable necessity and finds no abuse of discretion, a reviewing court is then limited to deciding whether or not there was competent substantial evidence to support the decision of the trial court."). See generally § 73.021, Fla....

...public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.” Art. X, § 6, Fla. Const. In typical takings cases, the state entity files a petition of condemnation, § 73.021, Fla....

...The trial court rejected this argument and granted the petition. II. Analysis The Florida Constitution prohibits the taking of private property “except for a public purpose and with full compensation.” Art. X, § 6(a), Fla. Const. Section 73.021, Florida Statutes (2016), provides in pertinent part: Those having the right to exercise the power of eminent domain may file a 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; [and] (2) A description identifying the property sought to be acquired .... Section 73.021 “must be strictly construed in favor of the landowner and ....

...“Nothing short of a petition which 3 adheres to the statutory guidelines will commence condemnation proceedings under chapter 73.” Dep’t of Envtl. Prot. v. Gibbins, 696 So. 2d 888, 890 (Fla. 5th DCA 1997). In Tosohatchee, the Florida Supreme Court interpreted section 73.021 as requiring that “a petition in condemnation must be accompanied by an authorizing resolution (where one is required) adopted prior to the initiation of eminent domain proceedings.” 265 So....

...e Department’s petition should have been dismissed. We next consider the connected question of whether the Department can cure the pleading defect by requesting leave to file an amended petition or whether the pleading requirements of section 73.021 are jurisdictional....

...5th DCA 2014) (“[A] challenge to subject matter jurisdiction is proper only when the court lacks authority to hear a class of cases, rather than when it simply lacks authority to grant the relief requested in a particular case.”). Based on Cunningham, we hold that the pleading requirements of section 73.021 are not jurisdictional insofar as a pleading defect does not deprive the trial court of subject matter jurisdiction to entertain a motion to amend to cure the deficiency....

...he trial court dismiss the petition without prejudice to the Department’s seeking leave 8 to file an amended petition, thereby allowing the Department to potentially cure the pleading defect under section 73.021. REVERSED and REMANDED. ROWE, J., and GRIFFIS III, STANLEY H., ASSOCIATE JUDGE, CONCUR. 9 

...ments; and that, in the event of a later limited access taking, the appellant will be compensated, but until such time speculative damages may not be considered. This position strikes us as sound under the statutory and decisional law of this state. Section 73.021, Florida Statutes, F.S....

initiation of eminent domain proceedings. See Section 73.021, Florida Statutes (1975); Tosohatchee Game

...tamentary is assumed to have been or implied such a determination), amounted only to a holding by the respondent court that it could lawfully proceed in disregard of the venue statute. An analogous situation is presented in suits for eminent domain. Section 73.021 Fla.Stat., F.S.A....

described property” as alleged in the petition. § 73.021(5), Fla.Stat, F.S.A., requires that a petition

...We hold that Chapter 180 is applicable and does allow the City to exercise its authority to construct an electrical utility outside the city limits. However, in order to take a property owner’s land by eminent domain, the statutory provisions of a petition in eminent domain, as defined by section 73.021, 2 Florida Statutes (1991), must be strictly complied with for a valid condemnation....

...shall determine to proceed toward the construction of said utility ... the said city council ... shall pass an ordinance or resolution authorizing the construction of the utility or any extension thereof, reciting the purpose and the territory to be included ... . Section 73.021, Florida Statutes (1991) provides in part: Petition; contents....

public. I am in accord with the proposition that Section 73.21, Florida Statutes, F.S.A., should not be construed

...Section 361.01, Florida Statutes, F.S.A., provides that the “president and directors of any corporation organized for the purpose of constructing, maintaining or operating public works, or their properly authorized agents” may appropriate lands needed in their business through eminent domain. Section 73.021 provides that a petition in condemnation “shall set forth”, among other things, “The estate or interest in the property which the petitioner intends to acquire....

...sing of the delegated authority. Therefore, the use which will be made of the property must be alleged in terms specific enough to determine if same constitutes a public use. The allegations of the instant petition failed to meet the requirements of Section 73.021 and failed to set forth the facts necessary for the trial judge to determine whether petitioner is properly exercising its delegated authority prior to entering the order of taking as required by Section 74.051.” As quoted above, another provision of Section 73.021, Florida Statutes, F.S.A., requires that a petition in condemnation “shall set forth,” among other things, “The estate or interest which the petitioner intends to acquire....

...73, 74, F.S.A.) to those properties which are necessary for the purpose in question. Thus, proof of necessity is a condition precedent to the valid exercise of the power. It is not an affirmative defense to allege a lack of necessity.’ “Fla.Stat. § 73.021 (1969) : “ ‘Those having the right to exercise the power of eminent domain may file a petition therefore in the circuit court of the county wherein the property lies, which petition shall set forth:’ “‘(1) * * * the property is ne...

...wo points on the merits of the case and which we will consider. Appellant contended that the petition for condemnation did not adequately describe the land or the property sought to be acquired and the estate or interest intended to be acquired. F.S.Section 73.021, F.S.A....

...except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner,” Art. X, § 6, Fla. Const. In typical takings cases, the state entity files a petition of condemnation, § 73.021, Fla....

taking was put in issue, as is required by section 73.021(1), Florida Statutes (1981), and this issue

...The resolution must detail the public purpose for which the property is sought to be acquired, Wright v. Dade County, 216 So.2d 494 (Fla. 3d DCA 1968), cert. denied, 255 So.2d 527 , cert. denied, 396 U.S. 1008 , 90 S.Ct. 565 , 24 L.Ed.2d 500 ; contain a description of the property to be acquired, Section 73.021(2), Florida Statutes (1983); and contain the nature and extent of the title or easement sought to be acquired....

...ecessary to enable the accomplishment of purposes listed in s. 180.06.” § 166.411(2). Those having the right to exercise the power of eminent domain may do so by filing a petition in the circuit court of the county where the property is situated. § 73.021, Fla....

...does allow the City to exercise its authority to construct an electrical utility outside the city limits. However, in order to take a property owner’s land by eminent domain, the statutory provisions of a petition in eminent domain, as defined by section 73.021 ......

Ala. Code § 20-2-210; see also Miss. Code Ann. § 73-21-127; Fla. Stat. § 893.055(2)(a). Each doctor or

...The circuit court dismissed the petition on the basis it was reliant only upon Florida Rule of Civil Procedure 1.221 in naming the homeowners association rather than joining, as indispensable parties, each individual property owner as specified in section 73.021, Florida Statutes....

...circuit court granted Leon County twenty days to submit an amended petition, presumably to list “[t]he names, places of residence, legal disabilities, if any, and interests in the property of all owners . . . ” in the affected area, as prescribed by section 73.021(4), Florida Statutes. We grant Leon County’s petition for writ of certiorari. Despite the general directions in section 73.021(4) for naming indispensable parties, section 720.303(1), Florida Statutes, provides in relevant part that “the [homeowners] association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters of common interest to the members ....

...domain. See Canal Auth. v. Miller, 243 So.2d 131, 133 (Fla.1970). The question, more precisely, is whether a particular parcel being sought by a condemning authority is in fact necessary for the public use or project proposed by that authority. See § 73.021(1), Fla....

property is to be acquired . . ” as required by § 73.021(1), Fla.Stat. (1975): “The specific property,

...[3] This conclusion is bolstered by the Legislature's description of the condemning authority in this section as "the petitioner." When a condemning authority files its condemnation case, it is referred to in the initial and subsequent pleadings as "the petitioner." § 73.021, Fla....

show cause, to which the city responded. . Section 73.021, Fla.Stat., requires that the petition state

...tion to have withstood motions to strike and to dismiss. From our review of the applicable law we are of the opinion that the petition states a cause of action. The contents of a petition seeking to evoke the power of eminent domain are set forth in Section 73.021, Florida Statutes, F.S.A....

...r of eminent domain are governed and controlled by the statutes authorizing them, and these statutes must be strictly construed and substantially complied with in all proceedings instituted thereunder. * * *” We are unable to find any reference in Section 73.021 to the need for or effect of an authorizing resolution supporting a petition for condemnation....

...e. Assuming, without ruling, that the statute permits abandonment by the condem-nor, we note that the city relies on resolution #12004, passed December 15, 1966, by the city council, in its first petition for condemnation and in the case sub judice. § 73.021, Fla.Stat., F.S.A., requires that a condemning authority shall set forth in its petition for eminent domain the authority under which the property is to be acquired and that the property is necessary for that use....