CopyCited 16 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 393, 2009 Fla. LEXIS 1026, 2009 WL 1955233
judgment.” (emphasis supplied)). Pursuant to section
74.051(2) and a stipulated order of taking entered
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...Respondent is a city possessing the right of eminent domain. The City, by the usual steps, undertook to condemn petitioners' land to include a Declaration and Order of Taking. In due course the City deposited the required monies into the registry of the court as provided by Section 74.051, F.S....
...Using the procedures found there, we notice that the court may determine that the condemnor is entitled to possession prior to final judgment and the amount of a deposit to be made by the condemnor to preliminarily indemnify the land owners is determined. See Section 74.051, F.S....
CopyCited 9 times | Published | Supreme Court of Florida
...*866 Ronald Sales and Ronald E. Jones, West Palm Beach, for petitioners. C. Ray Greene, Jr., Jacksonville, for respondent. DREW, Justice. Petitioners in this case were defendants in an eminent domain proceeding in the circuit court under F.S. Chapter 73 and Section 74.051, F.S.A....
...ctly involved." [8] The opinion of the district court in this cause states a classic case for the exercise of discretionary certiorari jurisdiction to resolve the issue of statutory validity at the time of entry of an order of taking under F.S. Sec. 74.051, F.S.A....
...Petitioner's remaining contentions are without merit, and the writ should accordingly be discharged. It is so ordered. ROBERTS, ERVIN and ADAMS, JJ., and WALKER and POPPER, Circuit Judges, concur. CALDWELL, C.J., concurs in judgment only. NOTES [1] "74.051 Hearing on order of taking....
CopyCited 9 times | Published | District Court of Appeal of Florida
...The allegations of the instant petition failed to meet the requirements of Section
73.021 and failed to set forth the facts necessary for the trial judge to determine whether petitioner is properly exercising its delegated authority prior to entering the order of taking as required by Section
74.051....
...[3] Marvin v. Housing Authority of Jacksonville,
133 Fla. 590,
183 So. 145 (1938). [4] Ibid.; Osceola County v. Triple E Development Co.,
90 So.2d 600 (Fla. 1956). [5] Demeter Land Co. v. Florida Public Service Co.,
99 Fla. 954,
128 So. 402 (1930). [6] Section
74.051, Florida Statutes, F.S.A....
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
...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. Hearings on the Declaration were entertained by the Circuit Court, Dade County, in accord with Fla. Stat. §
74.051, F.S.A., and subsequently, by Order of that Court, upon payment of proper deposit, title of the condemned land vested in the Utility under Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1343, 1985 Fla. App. LEXIS 14320
...rida Statutes, the taking in this case occurred when Florida Power Corporation first actually used the plaintiff's property without the plaintiff's consent and not when the plaintiff surrendered possession under an order of taking issued pursuant to Section 74.051, Florida Statutes....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
...The statutes did not require the county clerks to invest the funds and appropriate the interest; the statutes only authorized the clerks to do so. Consequently, each clerk who elected to collect interest assumed the risk that these statutes would ultimately be found unconstitutional. Moreover, when section 74.051 became effective in 1965, at least one state's highest court had already found a similar statute to violate the federal Constitution....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...he parcel taken. The mortgagee was not served with a copy of that motion nor was he given any notice of hearing on that motion. At the hearing the trial judge granted the request for quick taking and directed the condemning authority, as required by Section 74.051(2), to deposit the sum of $62,600 into the registry of the court....
...Furthermore, as the mortgagors point out, had the funds not been withdrawn by the mortgagors, but left on deposit in the registry of the court, the mortgagee would not have been entitled to interest earned on the deposit. Any such interest must be credited to the secondary road fund of the county as provided in Section 74.051(3)....
CopyCited 4 times | Published | Supreme Court of Florida
...ty for him to be heard. Thereafter, when the city's petition to condemn is filed in court, nothing concerning the city's decision-making power is at issue (except fraud or bad faith which must be proven by the landowner) inasmuch as, Florida Statute 74.051(1) F.S.A....
...ble. We think that the Florida procedure as outlined within the challenged statutes does provide a landowner with adequate notice and an opportunity to be heard at a meaningful time and in a meaningful manner. A reading of Florida Statutes, Sections
74.051 and
74.061, F.S.A., clearly reveals that a property owner is afforded notice and a hearing prior to an order of taking and prior to the time when either possession or title may vest in the condemning authority. Florida Statute §
74.051(1) F.S.A., entitled "Hearing on order of taking," provides: "(1) On the date specified in the notice of hearing, all parties may appear and be heard on all matters properly before the court which must be determined prior to the entry of the...
CopyCited 4 times | Published | District Court of Appeal of Florida
...e property encumbered by the mortgage is taken by eminent domain proceedings. The trial court held that the mortgagee was entitled to his prepayment penalty from the funds on deposit in the registry of the court, pursuant to an order of taking under § 74.051, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 1998 WL 107949
...If the court determines that the petitioner is entitled to the possession of the land prior to final judgment, it will enter an order requiring the petitioner to deposit in the registry of the court a sum not less than the amount of the good-faith estimate of value. § 74.051, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...filed an answer setting up six affirmative defenses including the defense of prior public use, namely, that the property sought to be condemned was necessary for the successful operation of the railroad. The trial court thereafter held an extensive eight day hearing under Section 74.051, Florida Statutes (1977), on the propriety of the taking herein at which testimony and argument of the parties were received....
CopyCited 3 times | Published | Supreme Court of Florida
...plemental proceeding, in advance of final judgment in the main proceeding. A sum of money double the value of the utility's estimate of the land in issue was deposited by the utility in the court registry, as ordered by the Circuit Court pursuant to Section 74.051(2)....
...mmissions or poundage." *262 The foregoing statute clearly forbade the exaction of a commission on any sum paid into the court registry pursuant to the "quick taking" provisions of Chapter 74, Florida Statutes. But in 1967, after the Burch decision, Section 74.051(3) was amended by Chapter 67-370, Laws of Florida, [4] to prohibit the exaction of a clerk's commission on "quick taking" sums "refunded to the petitioner" rather than on all "quick taking" sums "paid into the registry." Circuit Court...
...n a Chapter 74 proceeding except for those refunded to the eminent domain petitioner, and, therefore, it was proper to exact a commission on that portion of the utility's deposit disbursed to the defendants. The District Court held otherwise because Section 74.051(3) had been amended a second time to authorize Clerks to invest "quick taking" deposits and to provide that the interest from such investments be credited to the county secondary road fund....
...The Court reasoned that since the second amendment allowed Clerks to receive income from monies on "quick taking" deposits and since this amendment occurred in 1967, the same year as the first amendment, "... the legislative intent in changing the language of Fla. Stat. §
74.051(3) was to allow the clerk of the court to make investments and not to authorize the collection of commissions."
335 So.2d at 350....
...Among the services to be charged is the receipt of money into the registry of the Court. [5] Since the language of the statute is mandatory, "The Clerk of the Circuit Court shall make the following charges for services rendered by his office," (emphasis ours) any exception to the statute should be clear. Section 74.051(3), Florida Statutes, upon which the utility pins its refusal to pay the commission does not except "quick taking" sums disbursed to eminent domain defendants from deposits received in the court registry....
...Second, the "investment" amendment was not enacted in the same year as the amendment which narrowed the exception to the Clerk's charge. The latter amendment was enacted in 1967, Chapter 67-370, Laws of Florida, while the former amendment was not enacted until three years later in 1970. Chapter 70-365, Laws of Florida. Section 74.051(3) by its plain language does not except from Clerk charges funds disbursed to defendants....
..." a commission on those "quick taking" monies deposited in the registry which are disbursed to the landowner. Exaction of a commission on the monies deposited in the "quick taking" proceeding that are refunded to the taker is clearly in violation of Section 74.051(3), Florida Statutes, and, of course, is forbidden....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968710
ultimately determined by the final judgment.” §
74.051(2). Upon making the deposit, the petitioner is
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 8486, 2001 WL 699017
...Florida Water next argues that the Utilities Commission was required to amend its declaration of taking to reflect the changes in its estimate of value. A property owner is entitled to a hearing to challenge any aspect of the declaration of taking, including the amount to be deposited in the court registry for the property. § 74.051, Fla....
...efore the court. [3] Id. Rather, the amount of the deposit represents the trial court's judgment of the amount necessary to fully compensate the property owner based on the evidence presented, subject to a final determination by a jury at trial. See § 74.051(2), Fla....
...ets are situated and other miscellaneous components that comprise the entire system. [2] The statute does not define the term "valid appraisal." [3] However, the amount of the deposit cannot be less than the condemning authority's estimate of value. § 74.051(2), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1 ERC 1146, 1 ERC (BNA) 1146, 1970 Fla. App. LEXIS 6756
property should vest in the power company. Fla. Stat. § 74-051, F.S.A. The Petition for Writ of Certiorari is
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1999 WL 960791
...n of the Landlord, shall forthwith terminate and the Tenant shall have no claim or interest in or to any award of damages for such taking. On May 11, 1994, the County made its good faith deposit of its estimate of the value of the taking pursuant to section 74.051(2), Florida Statutes (1993)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1998 WL 329456
...After service on the defendants in the condemnation action, if a defendant requests a hearing, the court may determine, among other matters, whether the department is properly exercising its delegated authority and determine whether the amount to be deposited is a good faith estimate of value of the property to be taken. See § 74.051(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17664
representing full recompense for the taking. §
74.051, Fla. Stat. (1979). Upon making the deposit, the
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5852
a possible air lock. Pursuant to F.S.1967, section
74.051, F.S. A., a hearing was had to determine if
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 625721
...Where a hearing is requested on the petition for eminent domain, the *1081 trial court may, prior to the entry of the final judgment, enter an order of taking requiring the respondents to surrender possession provided the petitioner deposits the estimated value of the property into the court's registry. See § 74.051, Fla....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6900
entering the order of taking as required by Section
74.051.” As quoted above, another provision of Section
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 747, 1987 Fla. App. LEXIS 7152
surrender possession of the property to the condemnor. §
74.051(3), Fla.Stat. (1983). The condemnee who owns the
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7948
into the registry of the court in accordance with §
74.051, F.S.1969, F.S.A., $181,692.00. On 16 November
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3734284, 2014 Fla. App. LEXIS 11613
...full compensation under Article X, section 6(a) of the Florida Constitution.
In the case on appeal, which was filed in 2011, Mr. Livingston argues that
the funds placed on deposit with the Clerk during the eminent domain proceedings
pursuant to section
74.051, Florida Statutes (2007), became his property when title to
the real property vested in the City pursuant to section
74.061....
...itioner "to deposit in the registry
-3-
of the court such sum of money as will fully secure and fully compensate the persons
entitled to compensation as ultimately determined by the final judgment." § 74.051(2).
Upon making the deposit, the petitioner is vested with title and takes possession of the
property and, in exchange, the right to full compensation for the property vests in the
property owner....
...chapter 74, the City deposited funds into the court's registry, representing its good faith
estimate of the value of each parcel. The Clerk chose to deposit these quick-take
deposit funds into an interest bearing account, as was the Clerk's sole prerogative
pursuant to section 74.051(4). Section 74.051(4) stated in pertinent part: "The clerk is
authorized to invest such deposits so as to earn the highest interest obtainable under
the circumstances in state or national financial institutions in Florida insured by the
Federal Government....
...ated orders of taking and disbursement
of funds, the Clerk distributed a portion of the deposit funds to the county tax collector
for unpaid ad valorem taxes due on Mr. Livingston's parcels and disbursed the
The last sentence of section 74.051(4) has since been amended,
3
effective July 1, 2013, to provide: "Ninety percent of the interest earned shall be
allocated in accordance with the ultimate ownership in the deposit." See ch....
...13-23, §§
1, 2, at 220-21, Laws of Fla.
-4-
remaining principal to the trust account of Mr. Livingston's lawyer. The Clerk retained
ten percent of the interest earned on the deposit funds as authorized by section
28.33,
Florida Statutes (2007), and section
74.051(4), and transferred the remaining ninety
percent of the earned interest to the City, as authorized by section
74.051(4).
Mr....
...Thus, he further argued, the
Clerk and the City had jointly and severally committed a per se taking of his private
property and must therefore disgorge all investment interest.5
The first count of Mr. Livingston's complaint sought a declaration that the
portion of section 74.051(4) directing the Clerk to pay the condemning authority ninety
percent of all interest earned on quick-take deposit funds constituted a taking of private
property in violation of the Takings Clause of the United States and Florida
Co...
...Livingston's argument that a second taking resulted
from the Clerk's investment of the quick-take deposit funds and the payment of that
investment interest to the City, entitling Mr. Livingston to full compensation under the
Takings Clause. The provision in section 74.051(4) directing payment of interest to the
-9-
condemning authority could be a taking under the Takings Clause of the two
constitutions or a matter of inverse condemnation only if the deposit belonged to Mr.
Livingston at the time the interest accrued....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 13879
cannot collect such a commission. Florida Statutes §
74.051 (1965) provided in part that: “. . . [N]o sum
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18452
City’s declaration of taking filed pursuant to section
74.051, Florida Statutes (1977), FEC contended that
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
of the circuit court investing such moneys. Section
74.051 is not repealed by implication by the provisions
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6447
landowners.” The appellees also point out that Section
74.051, subdivision (1), Florida Statutes, F.S.A.
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
receiving money into the registry of the court. Section
74.051(2), F.S., specifically provides, among other
CopyPublished | Court of Appeals for the Eleventh Circuit
ultimately be found unconstitutional. Moreover, when section
74.051 became effective in 1965, at least one state’s
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 5149
dismiss the action on the grounds (1) that F.S. Section
74.051, F.S.A., authorizing the entry of an order
