CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 13412, 2006 WL 2346472
...w suit was filed and pursuant to this Court's previous order. Therefore, any defects in the appraisal submitted with the Notice of Claim were effectively cured. *78 In Florida Water Services, this Court held that the term "valid appraisal," found in section 74.031, Florida Statutes, was not required to be performed by a certified M.A.I....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...Whether the trial court erred in ordering the taking based upon the appraisal evidence presented. In determining the sufficiency of appraisal evidence at a taking hearing, the issue is whether the estimate of value was made in good faith and was based upon a valid appraisal. § 74.031, Fla....
CopyCited 8 times | Published | Supreme Court of Florida | 2 ERC 1223, 1 Envtl. L. Rep. (Envtl. Law Inst.) 20214, 47 A.L.R. 3d 1255, 2 ERC (BNA) 1223, 1971 Fla. LEXIS 3956
...Seadade was summoned under Fla. Stat. §
73.031 to show cause why the canal land should not betaken. Concurrently, the Utility sought possession in advance of judgment as provided for by Fla. Stat. §
74.011, F.S.A.; a Declaration of Taking was filed pursuant to Fla. Stat. §
74.031, F.S.A....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...[3] The following point posed by petitioners merits our consideration, viz.: Was there substantial evidence to support the finding of the Circuit Court of Santa Rosa County, Florida, that the respondent had *169 made a good faith estimate of the value of each parcel in the proceeding? Section 74.031, Florida Statutes, F.S.A., entitled "Declaration of taking, contents" provides in part: "......
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1992 WL 9722
...mnation action in the trial court. Appellees are the owners of the parcels at issue. Hillsborough County has appeared as amicus curiae and, in that capacity, has adopted appellees' answer brief. We reverse. F.P.C. began its condemnation action under section 74.031, Florida Statutes (1983), to acquire the property necessary to construct a 500 kilovolt (500 KV) transmission line through Pinellas, Hillsborough and Pasco Counties....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1997 WL 24312
...On January 5, 1995, the county attorney filed a petition in eminent domain to acquire the property needed for the Mid-Point Bridge project, including the property of appellees (Parcel No. 115). Simultaneously with the filing of the eminent domain petition, the county attorney also filed, pursuant to section 74.031, Florida Statutes (1993), a Declaration of Taking and Estimate of Value....
...contained in the offer by the county attorney in his letter of April 19, 1995. We make this conclusion because we do not perceive it to have been the legislature's intent to equate the statutorily mandated "good faith estimate of value" required by section
74.031 with the "written offer" contemplated in section
73.092. If that was the intent, section
73.092 should have made reference to the good faith estimate contained in and required by section
74.031....
...Broward County,
421 So.2d 681, 684 (Fla. 4th DCA 1982), wherein the court stated: In determining the sufficiency of appraisal evidence at a taking hearing, the issue is whether the estimate of value was *997 made in good faith and was based upon a valid appraisal. §
74.031, Fla.Stat....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 600
...to trial by a twelve-member jury. See §
73.071, Fla. Stat. (1985). Under the "quick take" proceedings in Chapter 74, the government files its condemnation petition and declaration of taking and makes a good faith estimate of the value of the land. Section
74.031....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
Volume 2 of his treatise on Workmen's Compensation, § 74.31, p. 209: "Under most subrogation statutes the payor
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
Volume 2 of his treatise on Workmen's Compensation, § 74.31, p. 209: "`Under most subrogation statutes the
CopyCited 3 times | Published | Supreme Court of Florida | 1998 WL 107949
...The pertinent facts of these cases are set forth below. PIERPONT Lee County filed eminent domain proceedings against land owned by Pierpont. The county elected to acquire the property in a quick taking proceeding authorized by chapter 74, Florida Statutes. Pursuant to section 74.031, Florida Statutes (1993), the county made a good-faith estimate of value at $69,000 in its declaration....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968710
...lic bodies are entitled to take possession and title to property in advance of a final judgment by filing a condemnation petition and declaration of taking and depositing a good faith estimate of the value of the land into the registry of the court. § 74.031.......
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 8486, 2001 WL 699017
...edure authorized by section
74.011, Florida Statutes (1999). Florida Water argues that the circuit court erred in entering the order of taking because (1) the Utilities Commission's estimate of value was not based on a valid appraisal as required by section
74.031, Florida Statutes (1999); (2) the Utilities Commission did not file an amended declaration of taking to reflect changes in its estimate of value; and (3) the Utilities Commission lacks the power to take by eminent domain an existing privately owned public utility already dedicated to a public use....
...Chapter 74, Florida Statutes (1999) permits a taking authority to take possession of and title to condemned property in advance of final judgment if the taking authority complies with certain procedural requirements. One such procedural safeguard requires the taking authority to file a declaration of taking. § 74.031, Fla....
...ke possession of and title to the system upon the deposit of $2,920,000 in the court registry. Florida Water now appeals the order of taking. Florida Water first argues that Hartman's appraisal of the system is not a "valid appraisal" as required by section 74.031. [2] Specifically, Florida Water contends that section 74.031 requires the estimate of value to be based on an appraisal performed by an appraiser certified pursuant to part II of chapter 474, Florida Statutes. The requirement that the taking authority's estimate of value be based on a "valid appraisal" was established by the enactment of section 74.031 in 1965 and has never been modified. See § 74.031, Fla....
...Part II of chapter 475, authorizing the certification and licensing of real estate appraisers, was created in 1991 and substantially revised in 1998. See Ch. 91-89, § 9 at 674-86, Laws of Fla.; Ch. 98-250 §§ 20-38 at 2209-20, Laws of Fla. We do not believe that when the Legislature wrote section 74.031, it intended to incorporate or refer to a statute that was not created until 26 years later....
...trial judge did not abuse his discretion in allowing Hartman's testimony as to the value of the Sugar Mill system. We do not believe that the enactment of part II of Chapter 475, Florida Statutes, altered the requirements of a taking authority under section 74.031, Florida Statues, and we agree with the trial court that the Utilities Commission's estimate of value was based on a valid appraisal....
...We find no such requirement in the statutory or case law of this state. As previously discussed, in a "quick take" proceeding, the condemning authority must file a declaration of taking that includes a good faith estimate of value based on a valid appraisal. § 74.031, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1 ERC 1146, 1 ERC (BNA) 1146, 1970 Fla. App. LEXIS 6756
...1967,
194 So.2d 301; and Camp Phosphate Co. v. Marion County, Fla.App. 1967,
194 So.2d 302. Florida Power & Light Company filed a petition seeking to condemn certain real property owned by Seadade, together with a Declaration of Taking. Fla. Stat. §
74.031, F.S.A....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1998 WL 329456
...the title to property necessary for the construction of public projects. This is accomplished by the filing of a declaration of taking together with a good faith estimate of value, based on a valid appraisal, of the property sought to be taken. See § 74.031, Fla....
...We therefore certify the following question: WHERE CONDEMNATION UNDER SECTION
337.27(2), FLORIDA STATUTES, IS REQUESTED, AND THE PROPERTY OWNER DISPUTES THE RELATIVE VALUES OF A WHOLE TAKE OVER A PARTIAL TAKE, MAY A TRIAL COURT DENY A QUICK TAKING UNDER SECTION
74.031, FLORIDA STATUTES, AND DEFER THE QUESTION OF THE EXTENT OF THE TAKE UNTIL A JURY DETERMINES THE VALUE OF BOTH A WHOLE TAKE AND A PARTIAL TAKE OF THE PROPERTY? DELL J., concurs....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8559, 1991 WL 167851
...It sought these parcels for its Copans Road Project. The declaration of taking stated that the County was availing itself of Chapter 74, Florida Statutes, the “quick take” procedure, which allows it to take title and possession prior to the entry of final judgment. Pursuant to section 74.031, Florida Statutes, the declaration of taking also contained an estimate of value based upon a valid appraisal of each parcel....
CopyPublished | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 10306, 1992 WL 251416
...ls the order of taking entered after a hearing on the appellee’s declaration of taking. The trial court considered the evidence presented and the arguments of counsel and found that the appellee had made the requisite good faith estimate of value. Section 74.031, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17664
...By that abbreviated proceeding, specified public bodies are entitled to take possession and title in advance of final judgment in eminent domain actions by filing a declaration of taking, included in which must be a “good faith estimate of value, based upon a valid appraisal of each parcel . . .” § 74.031, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 6082242, 2013 Fla. App. LEXIS 18418
...ceedings, we conclude that the letters sent by the Department to homeowners were not written offers under the statute. In Pierpont v. Lee County,
710 So.2d 958 (Fla.1998), the court considered whether a good faith estimate of value filed pursuant to section
74.031 constituted a written offer within the meaning of section
73.092....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3734284, 2014 Fla. App. LEXIS 11613
...bodies are entitled
to take possession and title to property in advance of a final judgment by filing a
condemnation petition and declaration of taking and depositing a good faith estimate of
the value of the land into the registry of the court. § 74.031....
CopyPublished | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 14447
supplied)1 The declaration of taking, filed pursuant to §
74.031, Fla.Stat. (1975), stated similarly: “. . . that
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 18808, 2003 WL 22927470
...On remand, Curry is not limited to the amount of fees requested in her motion for attorney’s fees. Reversed and remanded. SALCINES and WALLACE, JJ., concur. . The condemning authority's declaration of taking must include a "good faith estimate” of the value of the property based on a valid appraisal. § 74.031, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 11262, 2001 WL 898532
...Revocable Trust, petitions this court for a writ of prohibition or, in the alternative, a writ of certiorari preventing the trial court from entering an order of taking pursuant to South Florida Water Management District’s (SFWMD) petition for taking filed under section 74.031, Florida Statutes (2000)....
