Florida Statute 73.061 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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73.061 Pretrial hearing.—

(1) Prior to the date of trial, the court may hold a hearing, in limine, to settle all disputed matters properly before it which must be determined prior to trial. Should it appear that the causes of action joined cannot be conveniently disposed of together, the court may order separate trials; provided, however, that any such actions shall be tried in the county in which the lands are located.

(2) The court in which an action in eminent domain is pending shall have jurisdiction and authority over any and all taxes and assessments encumbering the lands involved in such actions, and may stay or defer the enforcement of such taxes and assessments, including all applications for tax deeds, foreclosures and other enforcement proceedings, until final termination of such eminent domain actions. The said court may make such orders concerning such taxes and assessments as may be equitable and proper; provided, however, that ad valorem taxes levied upon any such lands shall be prorated against the owner to the date of taking.

History.—s. 1, ch. 65-369.

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Amendments to 73.061

Annotations, Discussions, Cases:

Cases Citing Statute 73.061

Total Results: 8 | Sort by: Relevance | Newest First

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Dade Cnty. v. Gen. Waterworks Corp., 267 So. 2d 633 (Fla. 1972).

Cited 17 times | Published | Supreme Court of Florida

...for direct appropriation of the real and personal property of appellees. As a result, the challenge to acquisition of the capital stock was never decided. Thereafter, the trial court determined to hold a pre-trial in limine hearing under Fla. Stat. § 73.061(1), F.S.A....

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Dade Cnty. v. Oolite Rock Co., 311 So. 2d 699 (Fla. 3d DCA 1975).

Cited 14 times | Published | Florida 3rd District Court of Appeal

...NOTES [1] The subject properties lie east of the Palmetto Expressway, north of Miller Road near 72nd Avenue. [2] By § 127.01(2) Fla. Stat., F.S.A., when the necessity to take, for park purposes, was raised by the defendants, that issue was to be determined by the court (at a pre-trial hearing according to § 73.061 Fla....

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City of Miami Beach v. Broida, 362 So. 2d 19 (Fla. 3d DCA 1978).

Cited 3 times | Published | Florida 3rd District Court of Appeal

...Horowitz for a public purpose, namely, completion of the civic-convention center complex land plan, based on Miami Beach City Council Resolution No. 73-14217, authorizing the acquisition for that purpose. Following an evidentiary hearing pursuant to Section 73.061, Florida Statutes (1977), the trial court entered an order denying the city's petition and finding, among other things, that the city failed to show that the taking was reasonably necessary for public use, and that the city abused its discretion in the exercise of its eminent domain power....

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City of Miami v. Florida East Coast Ry. Co., 286 So. 2d 247 (Fla. 3d DCA 1973).

Cited 2 times | Published | Florida 3rd District Court of Appeal

...The issue came on to be heard upon the Railway Company's motion for summary judgment. The trial judge considered the issue of the City's right to condemn as a "disputed matter" to be settled "in limine" at a pretrial hearing pursuant to Fla. Stat. § 73.061(1), F.S.A....

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City of Miami Beach v. Cummings, 266 So. 2d 122 (Fla. 3d DCA 1972).

Cited 2 times | Published | Florida 3rd District Court of Appeal

...The court erred in holding that the defendants had not waived or were not estopped to assert their defense that the original proceedings and judgment barred a new condemnation action. 3. The court erred in entertaining the motion for summary judgment, ignoring § 73.061 Fla....

...Cummings, Fla.App. 1970, 233 So.2d 842, remanded the cause, inter alia, for the consideration of such a defense. *126 The City further contends that the trial court erred in entertaining the motion for summary judgment under Rule 1.510, R.C.P. 31 F.S.A and ignoring § 73.061, Fla....

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City of St. Petersburg v. Div. of Admin., State Dep't of Transp., 293 So. 2d 781 (Fla. 5th DCA 1974).

Published | Florida 5th District Court of Appeal | 1974 Fla. App. LEXIS 7682

prorate taxes in a condemnation proceeding. See Section 73.061(2). . The able trial judge might have reached

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Gateway Growers v. Sch. Bd. of Palm Beach, 924 So. 2d 875 (Fla. 4th DCA 2006).

Published | Florida 4th District Court of Appeal | 2006 WL 473756

...For this reason, we find the case to be inapplicable. We find no error in the trial court's refusal to submit to the jury the issue of whether Gateway was entitled to business damages. Section 73.071(3) provides that the jury shall determine "solely the amount of compensation to be paid." Section 73.061(1), Florida Statutes (2004), provides that prior to trial, "the court may hold a hearing, in limine, to settle all disputed matters properly before it which must be determined prior to trial." The physical distance between the two lots was not a disputed fact....

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Buckley v. City of Miami Beach, 559 So. 2d 310 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2235, 1990 WL 37428

L.Ed.2d 500 (1970); § 55.03, Fla.Stat. (1979); § 73.061(2), Fla. Stat. (1979); § 73.131, Fla.Stat. (1979);

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