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Florida Statute 73.071 | Lawyer Caselaw & Research
F.S. 73.071 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. 73.071
73.071 Jury trial; compensation; severance damages; business damages.
(1) When the action is at issue, and only upon notice and hearing to set the cause for trial, the court shall impanel a jury of 12 persons as soon as practical considering the reasonable necessities of the court and of the parties, and giving preference to the trial of eminent domain cases over other civil actions, and submit the issue of compensation to them for determination, which issue shall be tried in the same manner as other issues of fact are tried in the circuit courts.
(2) The amount of such compensation shall be determined as of the date of trial, or the date upon which title passes, whichever shall occur first.
(3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include:
(a) The value of the property sought to be appropriated;
(b) Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation, county, municipality, board, district or other public body for the condemnation of a right-of-way, and the effect of the taking of the property involved may damage or destroy an established business of more than 4 years’ standing before January 1, 2005, or the effect of the taking of the property involved may damage or destroy an established business of more than 5 years’ standing on or after January 1, 2005, owned by the party whose lands are being so taken, located upon adjoining lands owned or held by such party, the probable damages to such business which the denial of the use of the property so taken may reasonably cause; any person claiming the right to recover such special damages shall set forth in his or her written defenses the nature and extent of such damages; and
(c) Where the appropriation is of property upon which a mobile home, other than a travel trailer as defined in s. 320.01, is located, whether or not the owner of the mobile home is an owner or lessee of the property involved, and the effect of the taking of the property involved requires the relocation of such mobile home, the reasonable removal or relocation expenses incurred by such mobile home owner, not to exceed the replacement value of such mobile home. The compensation paid to a mobile home owner under this paragraph shall preclude an award to a mobile home park owner for such expenses of removal or relocation. Any mobile home owner claiming the right to such removal or relocation expenses shall set forth in his or her written defenses the nature and extent of such expenses. This paragraph shall not apply to any governmental authority exercising its power of eminent domain when reasonable removal or relocation expenses must be paid to mobile home owners under other provisions of law or agency rule applicable to such exercise of power.
(4) When the action is by the Department of Transportation, county, municipality, board, district, or other public body for the condemnation of a road, canal, levee, or water control facility right-of-way, the enhancement, if any, in value of the remaining adjoining property of the defendant property owner by reason of the construction or improvement made or contemplated by the petitioner shall be offset against the damage, if any, resulting to such remaining adjoining property of the defendant property owner by reason of the construction or improvement. However, such enhancement in the value shall not be offset against the value of the property appropriated, and if such enhancement in value shall exceed the damage, if any, to the remaining adjoining property, there shall be no recovery over against such property owner for such excess.
(5) Any increase or decrease in the value of any property to be acquired which occurs after the scope of the project for which the property is being acquired is known in the market, and which is solely a result of the knowledge of the project location, shall not be considered in arriving at the value of the property acquired. For the purpose of this section, the scope of the project for which the property is being acquired shall be presumed to be known in the market on or after the condemnor executes a resolution which depicts the location of the project.
(6) The jury shall view the subject property upon demand by any party or by order of the court.
(7) If the jury cannot agree on a verdict the court shall discharge them, impanel a new jury, and proceed with the trial.
History.s. 1, ch. 65-369; ss. 23, 35, ch. 69-106; s. 1, ch. 70-283; s. 1, ch. 77-51; s. 19, ch. 79-400; s. 36, ch. 85-180; s. 361, ch. 95-147; ss. 58, 59, ch. 99-385; ss. 56, 57, ch. 2002-20.

F.S. 73.071 on Google Scholar

F.S. 73.071 on Casetext

Amendments to 73.071


Arrestable Offenses / Crimes under Fla. Stat. 73.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.071.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SABAL TRAIL TRANSMISSION, LLC, v. ACRES OF LAND IN LEVY COUNTY, FLORIDA,, 280 F. Supp. 3d 1331 (N.D. Fla. 2017)

. . . . § 73.071(2), (3)(a), & (b)). . . . Stat. § 73.071(3)(b). . . . Section 73.071(3)(b) limits such recovery to cases involving a partial taking which causes damage to . . . Stat. § 73.071(3)(b) (“[A]ny person claiming the right to recover such special damages, shall set forth . . .

FLORIDA GAS TRANSMISSION COMPANY, LLC. a W. v. CITY OF TALLAHASSEE, a, 230 So. 3d 912 (Fla. Dist. Ct. App. 2017)

. . . After all, eminent domain jury trials get preference over other civil cases, section 73.071(1), Florida . . .

SABAL TRAIL TRANSMISSION, LLC, v. REAL ESTATE,, 255 F. Supp. 3d 1213 (N.D. Fla. 2017)

. . . .]”); § 73.071, Fla. Stat. (2016) (requiring a twelve-person jury in “eminent domain cases”). . . . .

ORANGE COUNTY, v. S. BUCHMAN W., 183 So. 3d 457 (Fla. Dist. Ct. App. 2016)

. . . Section 73.071(4), Florida Statutes (2014), provides that severance damages are calculated using two . . .

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

. . . 2004), a twelve-person jury determines what amount is equal to “full compensation” for the property, § 73.071 . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. MALLARDS COVE, LLP, S. O v. LLP,, 159 So. 3d 927 (Fla. Dist. Ct. App. 2015)

. . . . §§ 74.061, 73.071. Livingston v. Frank, 150 So.3d 239, 241 (Fla. 2d DCA2014). . . .

CITY OF JACKSONVILLE, v. R. SMITH, 159 So. 3d 888 (Fla. Dist. Ct. App. 2015)

. . . . § 73.071(10), Fla. Stat. . . .

A. LIVINGSTON, v. FRANK,, 150 So. 3d 239 (Fla. Dist. Ct. App. 2014)

. . . . §§ 74.061, 73.071. . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. MENDEZ, 126 So. 3d 367 (Fla. Dist. Ct. App. 2013)

. . . See § 73.071(3), Fla. . . . See § 73.071(3), Fla. Stat. (2011). . . .

ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY, v. TUSCAN RIDGE, LLC,, 84 So. 3d 410 (Fla. Dist. Ct. App. 2012)

. . . This is consistent with section 73.071, which requires the jury during the “compensation” portion of . . . proceedings to determine, among other things, the “value of the property sought to be appropriated.” § 73.071 . . .

MH NEW INVESTMENTS, LLC, v. DEPARTMENT OF TRANSPORTATION,, 76 So. 3d 1071 (Fla. Dist. Ct. App. 2011)

. . . Because a license will not support a business damages claim under section 73.071(3)(b), Florida Statutes . . . In order to be compensated under section 73.071(3)(b) for business damages resulting from a partial eminent . . .

PINNACLE FLOOR COVERING, INC. d b a v. DEPARTMENT OF TRANSPORTATION,, 16 So. 3d 919 (Fla. Dist. Ct. App. 2009)

. . . See § 73.071(3)(b). . . . argues that, unlike the defendant in Jack’s Quick Cash, it met the statutory requirements of section 73.071 . . .

SYSTEM COMPONENTS CORPORATION, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 14 So. 3d 967 (Fla. 2009)

. . . We conclude that this is not what section 73.071 says or intends. Sys. . . . See § 73.071(3)(b), Fla. Stat. (2004); Carlos A. . . . Bramlett, 189 So.2d 481 (Fla.1966); § 73.071(3)(b), Fla. Stat. (1975)). . . . See § 73.071(3)(b), Fla. Stat. (2004); Jeffrey M. . . . See § 73.071(3)(b), Fla. Stat. (2004); Sys. . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. In CITRUS CANKER LITIGATION,, 20 So. 3d 864 (Fla. Dist. Ct. App. 2009)

. . . certification hearing not only ignores this Court’s mandate issued in 2006, it ignores both section 73.071 . . . Section 73.071(1), which provides that the trial court should give eminent domain cases priority and . . . the class certification process, is a clear abuse of discretion, thwarts the directives of section 73.071 . . .

SYSTEM COMPONENTS CORPORATION, v. DEPARTMENT OF TRANSPORTATION,, 985 So. 2d 687 (Fla. Dist. Ct. App. 2008)

. . . Components qualified for a business damage claim by meeting the requirements set forth under section 73.071 . . . For the reasons that follow, we cannot agree with the Fourth District’s application of section 73.071 . . . We conclude that this is not what section 73.071 says or intends. . . . According to section 73.071(3)(b), Florida Statutes: Where less than the entire property is sought to . . . The Florida Supreme Court has acknowledged that “[t]the purpose of section 73.071(3)(b) is to mitigate . . .

STATE DEPARTMENT OF TRANSPORTATION, v. BOARD OF SUPERVISORS OF ST. JOHN S WATER CONTROL DISTRICT, a f k a St. s a N. A. a, 981 So. 2d 605 (Fla. Dist. Ct. App. 2008)

. . . utilized the May 30th, 2006 trial date for purposes of valuation for compensation pursuant to section 73.071 . . .

CITY OF JACKSONVILLE, v. TWIN RESTAURANTS, INC., 953 So. 2d 720 (Fla. Dist. Ct. App. 2007)

. . . See also § 73.071(3)(b), Fla. . . .

CITY OF JACKSONVILLE, v. WESTLAND PARK ASSOCIATES, II,, 46 So. 3d 583 (Fla. Dist. Ct. App. 2007)

. . . See also § 73.071(3)(b), Fla. . . .

STATE DEPARTMENT OF TRANSPORTATION, v. TARGET CORPORATION f k a d b a f k a a, 937 So. 2d 703 (Fla. Dist. Ct. App. 2006)

. . . .” § 73.071(3)(b), Fla. Stat. (2002). . . .

S. DAMES, Sr. v. COMPANY, INC. N. A. IR AR, a, 925 So. 2d 1078 (Fla. Dist. Ct. App. 2006)

. . . See § 73.071(2), Fla. Stat. (2005); Dep’t of Transp. v. . . . See § 73.071(5), Fla. Stat. . . . market on or after the condemnor executes a resolution which depicts the location of the project.” § 73.071 . . .

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)

. . . property ... sought to be appropriated” within the meaning of the business damages statute, section 73.071 . . . “[A]ny ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and . . . Section 73.071(3), the basis for business damages, provides: (3) The jury shall determine solely the . . . A review of the case law applying section 73.071(3)(b) or its predecessor; section 73.10(4), and affirming . . . Section 73.071(3) provides that the jury shall determine “solely the amount of compensation to be paid . . .

A. KUZMA, A. v. CITY OF FORT MYERS, a, 151 F. App'x 911 (11th Cir. 2005)

. . . . § 73.071(1) (2004). . . .

STATE DEPARTMENT OF TRANSPORTATION, v. TIRE CENTERS, LLC, a, 895 So. 2d 1110 (Fla. Dist. Ct. App. 2005)

. . . Section 73.071(3)(b), Florida Statutes (2003), which covers both severance damages and business damages . . . The purpose of section 73.071(3)(b) is to mitigate the hardship that may result when the state exercises . . . such, the taking of the specific property at issue is the sole focus of business damages under section 73.071 . . .

A. BROWN, v. DEPARTMENT OF TRANSPORTATION,, 884 So. 2d 116 (Fla. Dist. Ct. App. 2004)

. . . .”); see also § 73.071(5), Fla. Stat. (2000). . . . requested by Brown, which instruction encompassed the reasoning of the above-cited cases as well as section 73.071 . . .

WEST ADAMS STREET, LTD. v. CITY OF JACKSONVILLE, a, 863 So. 2d 380 (Fla. Dist. Ct. App. 2003)

. . . Section 73.071(5), Fla. Stat. (2002). . . . Accordingly, on remand, we direct the trial court to give an instruction in accordance with section 73.071 . . . There is no conflict between section 73.071(5) and Department of Transportation v. . . . Section 73.071(5) prohibits increased or decreased value resulting from anticipation of the actual project . . . Therefore, section 73.071(5) is consistent with, not contrary to, judicial determinations of full and . . .

WEST ATLANTIC AVENUE, INC. a v. STATE DEPARTMENT OF TRANSPORTATION,, 851 So. 2d 191 (Fla. Dist. Ct. App. 2003)

. . . Section 73.071(3)(b), Florida Statutes (1997), provided: Where less than the entire property is sought . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. ARMADILLO PARTNERS, INC., 849 So. 2d 279 (Fla. 2003)

. . . Frenchman, Inc., 476 So.2d 224, 226 (Fla. 4th DCA 1986); see also § 73.071(3)(a)-(b), Fla. . . . Division of Admin., 366 So.2d 391, 393 (Fla.1978); § 73.071(3)(a)-(b), Fla. Stat. (2001). . . .

FLORIDA WATER SERVICES CORPORATION, v. UTILITIES COMMISSION,, 790 So. 2d 501 (Fla. Dist. Ct. App. 2001)

. . . . § 73.071(2), Fla. Stat. (1999); Dep’t of Transp. v. . . .

D. OWENS, R. v. ORANGE COUNTY,, 747 So. 2d 467 (Fla. Dist. Ct. App. 1999)

. . . See § 73.071(3)(b), Fla. Stat. (1993). . . . .

DEPARTMENT OF TRANSPORTATION, v. JACK S QUICK CASH, INC., 748 So. 2d 1049 (Fla. Dist. Ct. App. 1999)

. . . determination that Bill Brown VW’s business damages claim met the five-year requirement contained in section 73.071 . . . partial taking to the damages sustained by “an established business of more than 5 years standing.” § 73.071 . . . business damages, this Court ruled that Bill Brown did not meet the five year requirement under Section 73.071 . . .

SEMINOLE COUNTY, v. SANFORD COURT INVESTORS, LTD., 743 So. 2d 1165 (Fla. Dist. Ct. App. 1999)

. . . claimed, among other things, that they were entitled to recover business damages pursuant to section 73.071 . . . Section 73.071(3)(b), Florida Statutes (1993), authorizes a trial court to award business damages in . . . an eminent domain proceeding: 73.071 Jury trial; compensation; severance damages.- (3) The jury shall . . . Moreover, unlike Almota and Petty Motor, “[t]he right to business damages under section 73.071(3)(b), . . . See § 73.071(3)(b), Fla. Stat. (1993). . . .

M. J. STAVOLA FARMS, INC. v. DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA,, 742 So. 2d 391 (Fla. Dist. Ct. App. 1999)

. . . Dixie Lime is entitled to business damages for the partial taking under section 73.071(3). . . .

PALM BEACH COUNTY, a v. COVE CLUB INVESTORS LTD. d b a a, 734 So. 2d 379 (Fla. 1999)

. . . Gas Co. did not own or have any property interest in the condemned land as required by the statute [§ 73.071 . . .

BLOCKBUSTER VIDEO, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 714 So. 2d 1222 (Fla. Dist. Ct. App. 1998)

. . . Blockbuster store was not sufficient to deprive it of a claim for business damages pursuant to section 73.071 . . . requested statutory business damages for “an established business of more than five years’ standing.” § 73.071 . . . Section 73.071(3)(b) provides that compensation in an eminent domain proceeding shall include: Where . . . Section 73.071, however, has long been interpreted to include the business damage claim of a lessee, . . . Under section 73.071(3)(b), Blockbuster must establish that it has operated a business continuously at . . .

STATE DEPARTMENT OF TRANSPORTATION, v. BARBARA S CREATIVE JEWELRY, INC. a, 728 So. 2d 240 (Fla. Dist. Ct. App. 1998)

. . . Therefore, pursuant to section 73.071(3), Florida Statutes (1995), jury resolution of compensation issues . . . The trial court relied upon section 73.071(1), but that section does not change our opinion since it . . . Therefore, it follows that there is no conflict with section 73.071(1) in ordering a quick taking. . . . parcel was resolved by a jury impaneled to determine the value of that property pursuant to section 73.071 . . .

PROVIDENT MANAGEMENT CORPORATION, v. CITY OF TREASURE ISLAND, N. BELAIR, v. CITY OF TREASURE ISLAND,, 718 So. 2d 738 (Fla. 1998)

. . . . § 73.071(3)(a), Fla. Stat. (1995); see Department of Transp. v. . . .

BASIC ENERGY CORPORATION, v. STATE DEPARTMENT OF CORRECTIONS INTERNAL IMPROVEMENT TRUST FUND,, 709 So. 2d 124 (Fla. Dist. Ct. App. 1998)

. . . Section 73.071(2), Florida Statutes, which applies to the compensation determination in the majority . . . circumstance as the date determinative of compensation, and this is not the same date established in 73.071 . . . intended the date of appropriation to be the date of the trial or the date title passes as delineated in 73.071 . . .

L. JOYNT M. v. ORANGE COUNTY,, 701 So. 2d 1249 (Fla. Dist. Ct. App. 1997)

. . . The sole issue presented by the parties is whether the term “right-of-way” contained in section 73.071 . . . Section 73.071(3)(b) contemplates two types of possible severance damages from a partial taking — damages . . . severance damage may be offset by the betterment caused by the improvements under the provisions of section 73.071 . . . Subsection 4 of section 73.071 makes it clear that the legislature recognized that the term “right-of-way . . .

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, v. ROGERS,, 705 So. 2d 584 (Fla. Dist. Ct. App. 1997)

. . . . § 73.071(3)(b), Fla. Stat. (1995); State Road Dept. v. Bramlett, 189 So.2d 481 (Fla.1966). . . . taking cases are instructive in analyzing this issue, because business damages are not defined in §§ 73.071 . . .

NIGHT FLIGHT, INC. v. TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, STATE DEPARTMENT OF TRANSPORTATION,, 702 So. 2d 538 (Fla. Dist. Ct. App. 1997)

. . . of Tallahassee, 647 So.2d 819, 822-23 (Fla.1994) (finding “statutory business damages under section 73.071 . . . an established business located on the unappropriated adjoining land are compensable under section 73.071 . . . Standard Oil Co., 510 So.2d 324, 326 (Fla. 2d DCA 1987) (finding “for the purposes of section 73.071( . . .

RALLY S HAMBURGERS, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 697 So. 2d 535 (Fla. Dist. Ct. App. 1997)

. . . See § 73.071(3)(b), Fla. Stat. (1995); Kendry v. . . . See § 73.071(3)(b), Fla. Stat. (1995). . . . .

L. N. MURRAY, v. DEPARTMENT OF TRANSPORTATION,, 687 So. 2d 825 (Fla. 1997)

. . . EMINENT DOMAIN CASE IN WHICH AN ESTABLISHED BUSINESS IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071 . . . SALARIES, INTEREST, DEPRECIATION, AND UTILITIES, OR AN ALTERNATIVE ANALYSIS, COGNIZABLE UNDER SECTION 73.071 . . . based on certain variable expenses and excluding some fixed expenses can be cognizable under section 73.071 . . . We conclude that section 73.071(3)(b), Florida Statutes (1995), does not require the calculation of business . . . Section 73.071(3)(b), Florida Statutes (1991), provides in pertinent part: (3) The jury shall determine . . .

LEE COUNTY, a v. F. PIERPONT J., 693 So. 2d 994 (Fla. Dist. Ct. App. 1997)

. . . . §§ 74.051(2) and 73.071, Fla.Stat. (1981). . . . compensation or severance damages are in issue, a jury is empaneled to make a determination of value. § 73.071 . . .

TRINITY TEMPLE CHURCH OF GOD IN CHRIST, INC. v. ORANGE COUNTY,, 681 So. 2d 765 (Fla. Dist. Ct. App. 1996)

. . . The right to business damages under section 73.071(3)(b), Florida Statutes (1995), in a condemnation . . . strictly in favor of the state, we conclude a church is not a business as that term is used in section 73.071 . . . A church is not entitled to business damages under section 73.071(3)(b) (1995). AFFIRMED. . . .

L. WEESE J. v. PINELLAS COUNTY, a, 668 So. 2d 221 (Fla. Dist. Ct. App. 1996)

. . . Section 73.071(2), Florida Statutes (1991), states that “compensation shall be determined as of the date . . .

STATE, DEPARTMENT OF TRANSPORTATION, v. L. N. MURRAY,, 670 So. 2d 977 (Fla. Dist. Ct. App. 1996)

. . . Section 73.071(3), Florida Statutes, authorizes an award of severance damages for a taking of less than . . . “[A]ny ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and . . . Section 73.071 does not define “business damages,” but this court has stated that business damages “are . . .

STATE, DEPARTMENT OF TRANSPORTATION, v. C. COLEMAN,, 673 So. 2d 874 (Fla. Dist. Ct. App. 1996)

. . . EMINENT DOMAIN CASE IN WHICH AN ESTABLISHED BUSINESS IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071 . . . SALARIES, INTEREST, DEPRECIATION, AND UTILITIES, OR AN ALTERNATIVE ANALYSIS, COGNIZABLE UNDER SECTION 73.071 . . .

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

. . . to the conclusion that Enterprises (and hence the Ramseys) is not entitled to damages under section 73.071 . . . Enterprises was the owner at the time of these proceedings and is entitled to damages under section 73.071 . . . Specifically, section 73.071(3)(b) provides, in part: Where less than the entire property is sought to . . . taken by condemnation and whether that interest entitles Enterprises to business damages under section 73.071 . . . THE BUSINESS DAMAGES STATUTE Section 73.071(3)(b), Florida Statutes (1993), provides: (3) The jury shall . . . as the owner or holder of that real estate so as to be awarded business damages pursuant to section 73.071 . . . result, the beneficiary of a trust of land does not “own” or “hold” the land for purposes of section 73.071 . . . Certainly, nothing in section 73.071(3)(b) requires it. . . .

TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY v. CASIANO- TORRES,, 659 So. 2d 1125 (Fla. Dist. Ct. App. 1995)

. . . dispute as to whether appel-lees’ business had been in existence for five years as required by section 73.071 . . . Section 73.071(3)(a), (b) provides as follows: (3) The jury shall determine solely the amount of compensation . . .

WEAVER OIL CO. v. CITY OF TALLAHASSEE,, 647 So. 2d 819 (Fla. 1994)

. . . The district court then certified the following question: DOES SECTION 73.071, FLORIDA STATUTES, PERMIT . . . the Ocala Road frontage with the exception of any statutory business damages allowed under section 73.071 . . . At trial, Weaver Oil maintained that it was entitled to business damages under section 73.071 because . . . The City of Tallahassee responded that section 73.071 allows business damages only when the damages result . . . We have previously made clear that the legislature intended for section 73.071(3) to permit business . . .

STATE DEPARTMENT OF TRANSPORTATION, v. J. MANOLI,, 645 So. 2d 1093 (Fla. Dist. Ct. App. 1994)

. . . court has pointed out, business damages are allowed only as a matter of legislative grace under section 73.071 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. FINKELSTEIN, a k a TOC, 629 So. 2d 932 (Fla. Dist. Ct. App. 1993)

. . . . § 73.071(2), Fla.Stat. (1989). . . .

POLK COUNTY, a v. R. GROOMS J. A. L. a k a D. S. E. N. A. S. Jr. J. F. D., 625 So. 2d 1249 (Fla. Dist. Ct. App. 1993)

. . . Section 73.071(3)(b), Florida Statutes (1987), which governs the award for business damages, states that . . .

CITY OF TALLAHASSEE, v. W. BOYD,, 616 So. 2d 1000 (Fla. Dist. Ct. App. 1993)

. . . the sole unresolved issue was statutory business damages claimed by Weaver Oil pursuant to section 73.071 . . . Where appropriation of less than the entire property is sought, as occurred here, section 73.071(3)(b . . . that “[sjeverance and business damages are both available in appropriate cases” pursuant to section 73.071 . . . that court distinguished a claim for business damages, which “continue to be controlled by section 73.071 . . . governmental interference with the businessman’s property fell within the plain meaning of section 73.071 . . . See section 73.071, Florida Statutes (1989); Tessler, 538 So.2d at 846. . . . However, if Weaver Oil is correct in stating that section 73.071(3), Florida Statutes (1989), permits . . . Section 73.071(3)(a) provides that in eminent domain trials, “[t]he jury shall determine solely the amount . . . Section 73.071(3)(b) (emphasis added). . . . Dep’t of Transp., 579 So.2d 226, 229 (Fla. 1st DCA 1991), we held that section 73.071(3) “authorizes . . .

FLORIDA DEPARTMENT OF REVENUE, v. A. DUDA SONS, INC., 608 So. 2d 881 (Fla. Dist. Ct. App. 1992)

. . . The legislature has seen fit to require compensation for business damages under section 73.071, Florida . . .

PARTYKA, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 606 So. 2d 495 (Fla. Dist. Ct. App. 1992)

. . . See § 73.071(2), (3)(a) & (b), Fla.Stat. (1991); Broward County v. . . . testimony that the “grade” of the road was changed on the “parcel taken” as contemplated by section 73.071 . . .

CITY OF OCALA, v. O. J. NYE,, 608 So. 2d 15 (Fla. 1992)

. . . The Nyes asserted the claim for business damages pursuant to section 73.071(3)(b), Florida Statutes ( . . .

TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, v. A. G. W. S. CORPORATION, TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, v. DUNDEE DEVELOPMENT GROUP,, 608 So. 2d 52 (Fla. Dist. Ct. App. 1992)

. . . See § 73.071(3), Fla.Stat. (1991); The Florida Bar, Continuing Legal Education Florida Eminent Domain . . .

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION v. JTC JOINT VENTURE,, 49 Fla. Supp. 2d 147 (Fla. Cir. Ct. 1991)

. . . Defendants argue that “property” within the meaning of section 73.071(3)(b) should be construed broadly . . .

WILLIAMS J. v. STATE DEPARTMENT OF TRANSPORTATION,, 579 So. 2d 226 (Fla. Dist. Ct. App. 1991)

. . . Section 73.071(3), Florida Statutes (1989), authorizes an award of severance and business damages for . . .

BROWARD COUNTY, v. P. PIZIO, J. W., 579 So. 2d 762 (Fla. Dist. Ct. App. 1991)

. . . We need not and therefore do not answer the question whether use of the term “shall” in section 73.071 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. WEGGIES BANANA BOAT,, 576 So. 2d 722 (Fla. Dist. Ct. App. 1990)

. . . It is well-established that the statutory right to business damages pursuant to section 73.071(3)(b), . . . Business damages continue to be controlled by section 73.071, Florida Statutes (1987).” . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. H. BONANNO,, 568 So. 2d 24 (Fla. 1990)

. . . Therefore, the right to have a jury determine just compensation in Florida is statutory, section 73.071 . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. O. POLK,, 568 So. 2d 35 (Fla. 1990)

. . . symptoms from the jury's consideration, invaded the exclusive province of the jury pursuant to section 73.071 . . .

O. J. NYE, v. CITY OF OCALA,, 559 So. 2d 360 (Fla. Dist. Ct. App. 1990)

. . . The tenant asserted a claim for special damages to its business under section 73.071(3)(b), Florida Statutes . . . Because section 73.071(3)(b), Florida Statutes, authorizes damages for a taking which damages or destroys . . .

ROBERT H. HART SONS, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 559 So. 2d 302 (Fla. Dist. Ct. App. 1990)

. . . Hart & Sons claimed business damages under section 73.071(3)(b), Florida Statutes (1985). . . .

HICKS d b a s v. STATE DEPARTMENT OF TRANSPORTATION, W. Jr., 541 So. 2d 1309 (Fla. Dist. Ct. App. 1989)

. . . Section 73.071(3)(b), Florida Statutes, provides: Where less than the entire property is sought to be . . .

MANHATTAN PROPERTIES LIMITED, K. H. v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION,, 541 So. 2d 655 (Fla. Dist. Ct. App. 1989)

. . . continue the landowners, the landowners’ right to a jury determination of that amount (pursuant to section 73.071 . . . cause at issue, the only thing left to be done was for a jury to fix the amount of full compensation. § 73.071 . . .

STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. MID- FLORIDA GROWERS, INC. a B., 541 So. 2d 1243 (Fla. Dist. Ct. App. 1989)

. . . . § 73.071(2), Fla.Stat. (1987). Evidence of a future increase in value is generally impermissible. . . .

PALM BEACH COUNTY, v. TESSLER,, 538 So. 2d 846 (Fla. 1989)

. . . Business damages continue to be controlled by section 73.071, Florida Statutes (1987). . . .

PALM BEACH COUNTY, v. AWADALLAH, 538 So. 2d 142 (Fla. Dist. Ct. App. 1989)

. . . The statutory section relevant to the instant case is section 73.071(3)(b), Florida Statutes (1987), . . . property owners to the $1,250,000.00 in business damages awarded them by the jury pursuant to section 73.071 . . . establishing that one’s business has a physical existence at a certain location for the purposes of section 73.071 . . . Although the legislature has not chosen to define business location for the purposes of section 73.071 . . . land in an eminent domain proceeding is strictly a statutory right granted in this state by section 73.071 . . .

DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, v. GROSSMAN,, 536 So. 2d 1181 (Fla. Dist. Ct. App. 1989)

. . . See § 73.071, Fla.Stat. (1985). . . . Section 73.071. . . .

TEXACO, INC. v. DEPARTMENT OF TRANSPORTATION,, 537 So. 2d 92 (Fla. 1989)

. . . supplier of products to the dealer, was not entitled to business damages under the provisions of section 73.071 . . . Both Texaco and the dealer claimed business damages under section 73.071(8)(b). . . . land in an eminent domain proceeding is strictly a statutory right granted in this state by section 73.071 . . . That, in our view, was clearly not the intent of the legislature when it enacted section 73.071. . . . Section 73.071(3)(b), Florida Statutes (1985), provides in pertinent part as follows: (3) The jury shall . . .

AMERKAN, v. CITY OF HIALEAH,, 534 So. 2d 796 (Fla. Dist. Ct. App. 1988)

. . . Section 73.071(3)(b), Florida Statutes (1985), provides in pertinent part that compensation for business . . .

DEPARTMENT OF TRANSPORTATION, v. FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION, f k a J., 532 So. 2d 1267 (Fla. 1988)

. . . the property were taken, Fortune would be entitled to $2,000,000 in business damages under section 73.071 . . . Section 73.071(3)(b), Florida Statutes (1985), part of the chapter entitled “Eminent Domain,” states: . . .

M. MORTON J. v. GARDNER,, 513 So. 2d 725 (Fla. Dist. Ct. App. 1987)

. . . See, for example, Section 73.071, Florida Statutes, which provides that where less than an entire property . . .

O. SASNETT, v. TAMPA ELECTRIC COMPANY,, 513 So. 2d 157 (Fla. Dist. Ct. App. 1987)

. . . Sasnett appeals from the final judgment denying his request for business damages under section 73.071 . . . that it was not a “public body” and, therefore, not required to pay business damages under section 73.071 . . . The statute allowing business damages, section 73.071(3)(b), provides: (b) Where less than the entire . . .

DIVISION OF ADMINISTRATION STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, v. DAVIS,, 511 So. 2d 686 (Fla. Dist. Ct. App. 1987)

. . . trial pursuant to its demand for one in its Petition and pursuant to Fla.R.Civ.P. 1.430 and section 73.071 . . . Section 73.071, Florida Statutes, mandates that in eminent domain proceedings ... the court shall impanel . . .

O QUINN v. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 24 Fla. Supp. 2d 54 (Fla. Cir. Ct. 1987)

. . . calendar for a jury trial on the amount of compensation to which Plaintiff is entitled, pursuant to § 73.071 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. SUN ISLAND BOATS, INC., 510 So. 2d 603 (Fla. Dist. Ct. App. 1987)

. . . Section 73.071(3)(b), Florida Statutes (1985), is therefore inapplicable. . . .

STATE DEPARTMENT OF TRANSPORTATION, v. FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION, f k a J., 507 So. 2d 1172 (Fla. Dist. Ct. App. 1987)

. . . Taking title to land does not include payment of damages under § 73.071(b), which are themselves described . . . Accordingly, the contention of FDOT counsel that “acquisition costs of lands and property” in § 73.071 . . . conclude otherwise would be to allow one statute (§ 337.27(3)) to repeal or amend another statute (§ 73.071 . . . Section 73.071(3)(b), Florida Statutes (1985) provides for business damages: (b) Where less than the . . .

STATE DEPARTMENT OF TRANSPORTATION, v. STANDARD OIL COMPANY, INC. W. d b a s, 510 So. 2d 324 (Fla. Dist. Ct. App. 1987)

. . . station and that they, therefore, were each individually entitled to business damages pursuant to section 73.071 . . . Section 73.071(3)(b) provides in part that where less than the entire property is taken, damages caused . . . In Morris, the supreme court stated that section 73.071(3)(b) should be strictly construed in favor of . . . Although the legislature has not chosen to define business location for the purposes of section 73.071 . . . establishing that one’s business has a physical existence at a certain location for the purposes of section 73.071 . . .

PALLADINO HOLDING CORP. C M v. BROWARD COUNTY, a Z, 504 So. 2d 465 (Fla. Dist. Ct. App. 1987)

. . . . § 73.071(1), Fla.Stat. (1983). . . .

FLORIDA POWER LIGHT COMPANY, a v. S. ROBERTS,, 490 So. 2d 969 (Fla. Dist. Ct. App. 1986)

. . . Section 73.071(3)(b), Florida Statutes (1983), allows the jury to determine not only the value of the . . .

DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, v. NESS TRAILER PARK, INC., 489 So. 2d 1172 (Fla. Dist. Ct. App. 1986)

. . . Abel Investment Company, 165 So.2d 832, 833 (Fla. 2d DCA 1964); Section 73.071(3)(b), Florida Statutes . . .

FLORIDA POWER LIGHT COMPANY, v. S. B. JENNINGS a k a S. Jr., 485 So. 2d 1374 (Fla. Dist. Ct. App. 1986)

. . . This right to severance damages has been codified as Section 73.071(3)(b), Florida Statutes, which provides . . .

DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, v. FRENCHMAN, INC., 476 So. 2d 224 (Fla. Dist. Ct. App. 1985)

. . . domain statute requires that a twelve-person jury determine solely the amount of compensation, section 73.071 . . . provided the owner appropriately sets forth in its pleadings the nature and extent of such damages. § 73.071 . . . right-of-way may offset severance damages, but may not offset the value of the land actually taken. § 73.071 . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. E. JIRIK,, 471 So. 2d 549 (Fla. Dist. Ct. App. 1985)

. . . considered “adjoining property” within the meaning of section 73.10(3), Florida Statutes (1963) (now section 73.071 . . . Section 73.071(4), Florida Statutes (1983), provides: 73.071 Jury trial; compensation; severance damages . . .

G. MAINER, v. CANAL AUTHORITY OF STATE, 467 So. 2d 989 (Fla. 1985)

. . . West Coast Inland Navigation District, 198 So.2d 65 (Fla. 2d DCA 1967); § 73.071(4), Fla.Stat. (1983) . . .

FLORIDA POWER LIGHT COMPANY v. PORTER,, 6 Fla. Supp. 2d 141 (Fla. Cir. Ct. 1984)

. . . The Court considered Defendants’ claim that Section 73.071(3)(b) is unconstitutional. . . .

HOWARD JOHNSON COMPANY, v. DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,, 450 So. 2d 328 (Fla. Dist. Ct. App. 1984)

. . . The statute upon which appellant relies in seeking business damages, section 73.071(3)(b), Florida Statutes . . .

H. SLACTER, v. CITY OF ST. PETERSBURG, a, 449 So. 2d 1006 (Fla. Dist. Ct. App. 1984)

. . . business loss resulting from the taking, the jury chose to award him no business damages under section 73.071 . . .

DEPARTMENT OF TRANSPORTATION OF STATE OF FLORIDA, v. M. NALVEN I., 455 So. 2d 301 (Fla. 1984)

. . . State Road Department, 170 So.2d 846 (Fla.1964); § 73.071(4), Florida Statutes (1981). . . . Section 73.071(2), Florida Statutes (1975), provides: “The amount of such compensation shall be determined . . . S.W.Rep. 188. .Contrary to the suggestion that there is no longer any statute of the same import, section 73.071 . . .

FLORIDA POWER AND LIGHT COMPANY, a v. FIRST NATIONAL BANK AND TRUST COMPANY OF RIVIERA BEACH,, 448 So. 2d 1141 (Fla. Dist. Ct. App. 1984)

. . . The critical statute allowing business damages is Section 73.071(3)(b), Florida Statutes (1981) which . . .

MULKEY v. DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,, 448 So. 2d 1062 (Fla. Dist. Ct. App. 1984)

. . . . § 73.071(3)(b), Fla. Stat. (1981); Kendry v. . . . condemnation cases is not constitutionally required, but rather is a matter of legislative grace. § 73.071 . . .

R. SCHRAM, v. DADE COUNTY, a, 445 So. 2d 1080 (Fla. Dist. Ct. App. 1984)

. . . Bramlett, 189 So.2d 481 (Fla.1966); Section 73.071(3)(b), Florida Statutes (1981). . . .

COUNTY OF VOLUSIA, a v. L. NILES,, 445 So. 2d 1043 (Fla. Dist. Ct. App. 1984)

. . . Under section 73.071(3)(b), Florida Statutes (1981), an owner may be compensated for severance damages . . . parcel, the determination as to what may be considered adjoining property within the meaning of section 73.071 . . .

TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, v. K. E. MORRIS ALIGNMENT SERVICE, INC., 444 So. 2d 926 (Fla. 1983)

. . . proceedings for determination of compensation, respondent made a claim for business damages under section 73.071 . . . The district court reversed and held that section 73.071(3)(b) does not require, as a prerequisite to . . . Section 73.071(3)(b) provides in pertinent part as follows: (3) The jury shall determine solely the amount . . . The purpose of section 73.071(3)(b) is to mitigate the hardship that may result when the state exercises . . . If we were to adopt the district court’s view of section 73.071(3)(b), there could be absurd and unfair . . .

COUNTY OF VOLUSIA, v. W. R. PICKENS, 439 So. 2d 276 (Fla. Dist. Ct. App. 1983)

. . . Section 73.071, Florida Statutes (1981), provides for business losses in condemnation proceedings. . . . See §§ 73.041 and 73.071(2), Fla.Stat. (1981). . . . . . § 73.071(2), Fla.Stat. (1981). . . .

TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, v. CAMPOAMOR MODERN DAIRY, INC., 436 So. 2d 922 (Fla. Dist. Ct. App. 1983)

. . . The Authority filed a motion in the trial court to determine that section 73.071(3)(b), Florida Statutes . . . Section 73.071(3)(b) provides that compensation for a taking of private property shall include: (b) Where . . . The language of section 73.071(3)(b) has been strictly construed to allow business damages only when . . . Owners of businesses located on appropriated lands, who were not entitled to relief under section 73.071 . . . Section 73.10(4), Florida Statutes (1963), which was identical in substance to the current section 73.071 . . .