Florida Statute 74.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 74
PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN

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74.041 Process; service and publication.—

(1) Upon the filing of the declaration of taking, the clerk of the court shall issue a summons to show cause to the defendants, containing the names of all defendants named in the petition, notifying them that the petitioner will petition for an order of taking on a specified date. A copy of the summons to show cause and the declaration of taking shall be served upon all resident defendants in the manner provided by law for service of original process in eminent domain actions, and not less than 20 days prior to the date specified.

(2) If any defendant is alleged to be a nonresident of the state, or if the name or address of any defendant is alleged to be unknown, or if personal service cannot be had upon any defendant for any other reason, the clerk of the court shall cause the summons to show cause to be published one time, not less than 20 days prior to the date specified in the petition, in some newspaper published in the county; however, if the petitioner is a municipality and a newspaper is published therein, the summons shall be published in such a newspaper. The clerk shall mail a copy of the summons to show cause and the declaration of taking to each out-of-state defendant at the address set forth in the petition. The clerk shall file a certificate of mailing, which, together with proof of publication, shall constitute effective service as to these defendants. The failure of any party to receive the summons by mail shall not invalidate the proceedings of the court or any order made pursuant to this chapter.

(3) The petition date provided in this section may be combined with the summons to show cause and the published summons provided in s. 73.031, but in no event shall the petition date provided in this section be noticed for a date earlier than 1 day following the date specified in the summons to show cause and the published summons provided in s. 73.031 for the defendants to serve written defenses to the petition in eminent domain proceedings and, if a defendant requests, a hearing on the petition for order of taking.

History.—s. 4, ch. 65-369, s. 1, ch. 70-286; s. 38, ch. 85-180.

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Amendments to 74.041

Annotations, Discussions, Cases:

Cases Citing Statute 74.041

Total Results: 4 | Sort by: Relevance | Newest First

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Georgia State Conf. of Branches of Naacp, Mary Alice Covin, Mary Laurant, Sylvia Dennis, & Naomi Tucker v. State of Georgia, 775 F.2d 1403 (11th Cir. 1985).

Cited 86 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 24517

& L. Larson, Employment Discrimination § 74.41, p. 14-57 (1984). 34 . There is

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Hatch v. Minot, 369 So. 2d 974 (Fla. 2d DCA 1979).

Cited 5 times | Published | Florida 2nd District Court of Appeal

...in advance of final judgment) as provided in Chapter 74, Florida Statutes (1977). Both the mortgagors and the mortgagee were served with a copy of the petition together with summons and a notice of hearing on the request for quick taking pursuant to Section 74.041....

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A Flair for Hair, Inc. v. State, Dep't of Transp., 562 So. 2d 851 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4390, 1990 WL 82531

PER CURIAM. The state concedes correctly that its eminent domain hearing was set in violation of the time requirements of section 74.041(3), Florida Statutes (1989)....

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Rudy's Sirloin Steakburgers, Inc. v. State, Dep't of Transp., 562 So. 2d 850 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4395, 1990 WL 82530

PER CURIAM. The state concedes correctly that its eminent domain hearing was set in violation of the time requirements of section 74.041(3), Florida Statutes (1989)....

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