The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

View Entire Chapter

F.S. 73.061

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.

F.S. 73.061 on Google Scholar

F.S. 73.061 on Casetext

Amendments to 73.061

Arrestable Offenses / Crimes under Fla. Stat. 73.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.061.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GATEWAY GROWERS, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY, C H O. B. d b a W., 924 So. 2d 875 (Fla. Dist. Ct. App. 2006)

. . . Section 73.061(1), Florida Statutes (2004), provides that prior to trial, “the court may hold a hearing . . .

BUCKLEY, v. CITY OF MIAMI BEACH, a, 559 So. 2d 310 (Fla. Dist. Ct. App. 1990)

. . . 1968), cert. denied, 396 U.S. 1008, 90 S.Ct. 565, 24 L.Ed.2d 500 (1970); § 55.03, Fla.Stat. (1979); § 73.061 . . .

CITY OF MIAMI BEACH, a v. H. BROIDA E., 362 So. 2d 19 (Fla. Dist. Ct. App. 1978)

. . . Following an evidentiary hearing pursuant to Section 73.061, Florida Statutes (1977), the trial court . . .

DADE COUNTY, a v. OOLITE ROCK COMPANY, a Dr. T. a, 311 So. 2d 699 (Fla. Dist. Ct. App. 1975)

. . . the defendants, that issue was to be determined by the court (at a pre-trial hearing according to § 73.061 . . .

CITY OF ST. PETERSBURG, v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, A., 293 So. 2d 781 (Fla. Dist. Ct. App. 1974)

. . . See Section 73.061(2). . . . .

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

. . . . § 73.061(1), F.S.A. to resolve certain issues of law raised by appellees’ affirmative defenses. . . .

CITY OF MIAMI BEACH, a v. A. J. CUMMINGS, 266 So. 2d 122 (Fla. Dist. Ct. App. 1972)

. . . The court erred in entertaining the motion for summary judgment, ignoring § 73.061 Fla.Stat., F.S.A. . . . erred in entertaining the motion for summary judgment under Rule 1.510, R.C.P. 31 F.S.A and ignoring § 73.061 . . .

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

. . . . §73.061(1), Florida Statutes 1969, provides for a hearing in limine to settle all disputed matters . . .