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Florida Statute 74.031 | Lawyer Caselaw & Research
F.S. 74.031 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 74.031

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 74
PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN
View Entire Chapter
F.S. 74.031
74.031 Declaration of taking; contents.Those having the right to take possession and title in advance of the entry of final judgment in eminent domain actions, as provided by law, may file, either with the petition or at any time prior to the entry of final judgment, a declaration of taking signed by the petitioner, or its duly authorized agent or attorney, stating that the property sought to be appropriated is thereby taken for the use set forth in the petition. The petitioner shall make a good faith estimate of value, based upon a valid appraisal of each parcel in the proceeding, which shall be made a part of the declaration of taking.
History.s. 4, ch. 65-369.

F.S. 74.031 on Google Scholar

F.S. 74.031 on Casetext

Amendments to 74.031


Arrestable Offenses / Crimes under Fla. Stat. 74.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 74.031.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 74.031. . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. BOGORFF,, 132 So. 3d 249 (Fla. Dist. Ct. App. 2013)

. . . 958 (Fla.1998), the court considered whether a good faith estimate of value filed pursuant to section 74.031 . . .

OSCEOLA COUNTY, v. BEST DIVERSIFIED, INC. L., 936 So. 2d 55 (Fla. Dist. Ct. App. 2006)

. . . In Florida Water Services, this Court held that the term “valid appraisal,” found in section 74.031, . . .

SARASOTA COUNTY, a v. CURRY G. I. f k a NCNB W. S. J. Jr. E. f k a f k a N. A. P. D. A. Jr. P., 861 So. 2d 1239 (Fla. Dist. Ct. App. 2003)

. . . . § 74.031, Fla. Stat. (1995). . . .

E. KIRCHHOFF, E. Jr. v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, L. B. S. W. B. J. S., 805 So. 2d 848 (Fla. Dist. Ct. App. 2001)

. . . pursuant to South Florida Water Management District’s (SFWMD) petition for taking filed under section 74.031 . . .

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

. . . Utilities Commission’s estimate of value was not based on a valid appraisal as required by section 74.031 . . . One such procedural safeguard requires the taking authority to file a declaration of taking. § 74.031 . . . Specifically, Florida Water contends that section 74.031 requires the estimate of value to be based on . . . See § 74.031, Fla. Stat. (2000); Ch. 65-369, § 4, at 1279-80, Laws of Fla. . . . We do not believe that when the Legislature wrote section 74.031, it intended to incorporate or refer . . .

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

. . . See § 74.031, Fla. Stat. (1995). . . . RELATIVE VALUES OF A WHOLE TAKE OVER A PARTIAL TAKE, MAY A TRIAL COURT DENY A QUICK TAKING UNDER SECTION 74.031 . . .

F. PIERPONT, v. LEE COUNTY, A G INVESTMENTS, v. LEE COUNTY, BARNETT BANKS, INC. v. LEE COUNTY,, 710 So. 2d 958 (Fla. 1998)

. . . Pursuant to section 74.031, Florida Statutes (1993), the county made a good-faith estimate of value at . . .

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

. . . with the filing of the eminent domain petition, the county attorney also filed, pursuant to section 74.031 . . . legislature's intent to equate the statutorily mandated “good faith estimate of value” required by section 74.031 . . . section 73.092 should have made reference to the good faith estimate contained in and required by section 74.031 . . . issue is whether the estimate of value was made in good faith and was based upon a valid appraisal. § 74.031 . . .

SHANNON PROPERTIES, INC. v. TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, STATE DEPARTMENT OF TRANSPORTATION,, 605 So. 2d 594 (Fla. Dist. Ct. App. 1992)

. . . Section 74.031, Fla.Stat. (1991). We affirm. State Road Dep’t v. . . .

FLORIDA POWER CORPORATION, a v. J. LYNN M. Co- J. J. E. M. Co- A. a a f k a Y. E. E. Jr. S. a M. W. W. W. J. W. J., 594 So. 2d 789 (Fla. Dist. Ct. App. 1992)

. . . F.P.C. began its condemnation action under section 74.031, Florida Statutes (1983), to acquire the property . . .

BROWARD COUNTY, a v. CARNEY, H. H., 586 So. 2d 425 (Fla. Dist. Ct. App. 1991)

. . . Pursuant to section 74.031, Florida Statutes, the declaration of taking also contained an estimate of . . .

CAPO INVESTMENT GROUP CORPORATION, v. STATE DEPARTMENT OF TRANSPORTATION,, 578 So. 2d 513 (Fla. Dist. Ct. App. 1991)

. . . . §§ 74.031, 74.-051(2), Fla.Stat. (1987). . . .

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

. . . Section 74.031. . . .

FLORIDA EAST COAST RAILWAY COMPANY, a v. BROWARD COUNTY, a, 421 So. 2d 681 (Fla. Dist. Ct. App. 1982)

. . . . § 74.031, Fla.Stat. (1981), Valleybrook Developers, Inc. v. . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. DADE COUNTY, a, 388 So. 2d 326 (Fla. Dist. Ct. App. 1980)

. . . .” § 74.031, Fla.Stat. (1979). . . .

DEPARTMENT OF TRANSPORTATION, v. B. BURNETTE, 384 So. 2d 916 (Fla. Dist. Ct. App. 1980)

. . . Florida Statutes, §§ 73.021, 74.031 (1979); Tosohatchee Game Preserve, Inc. v. . . .

KATZ v. DADE COUNTY, a, 367 So. 2d 277 (Fla. Dist. Ct. App. 1979)

. . . (emphasis supplied) The declaration of taking, filed pursuant to § 74.031, Fla.Stat. (1975), stated similarly . . .

CITY OF LAKELAND, a v. O. BUNCH, 293 So. 2d 66 (Fla. 1974)

. . . seeks review of a final judgment of the trial court finding Florida Statutes, Sections 73.021, 73.031, 74.031 . . .

CITY OF LAKELAND v. BUNCH,, 39 Fla. Supp. 185 (Polk Cty. Cir. Ct. 1973)

. . . .66, Florida Statutes, and in accord with the procedural requirements of §§73.021 and 73.031, and §§74.031 . . . initial pleadings and process served upon the defendant landowners pursuant to §§73.021 and 73.031 and §§74.031 . . . It is therefore ordered and adjudged — (1) Florida Statutes 73.021 and 73.031 and Florida Statutes 74.031 . . .

VALLEYBROOK DEVELOPERS, INC. a v. GULF POWER COMPANY, a, 272 So. 2d 167 (Fla. Dist. Ct. App. 1973)

. . . Section 74.031, Florida Statutes, F.S.A., entitled “Declaration of taking, contents” provides in part . . .

SEADADE INDUSTRIES, INC. a v. FLORIDA POWER LIGHT COMPANY, a, 245 So. 2d 209 (Fla. 1971)

. . . . § 74.031, F.S.A. . . .