Florida/Georgia Personal Injury & Workers Compensation

...Coconut Grove Marine Properties, Inc., 358 So.2d 1151, 1154 (Fla. 3d DCA 1978). [9] Stewart v. City of Key West, 429 So.2d 784 (Fla. 3d DCA 1983); see Brooks-Scanlon Corp. v. United States, 265 U.S. 106, 44 S.Ct. 471, 68 L.Ed. 934 (1924); Behm v. Division of Admin., Dep't. of Transp., 383 So.2d 216 (Fla. 1980); § 74.061, Fla....

...ited the award to the period of time from the date of possession of the property by DOT until the date of payment of the full verdict amount into the registry of the court. The district court upheld the interest assessment, and this appeal followed. Section 74.061, Florida Statutes (1969), provides that condemnees are entitled to interest on condemnation awards "from the date of surrender of possession to the date of payment on the amount that the verdict exceeds the estimate of value set forth...

...This Court has previously considered the question of interest on condemnation awards and has concluded that such interest is controlled by statute. Peeler v. *218 Duval County, 70 So.2d 354 (Fla. 1954). [2] Interest, therefore, must be determined in accordance with section 74.061....

...1950). The full compensation provision, therefore, requires that courts take into account all facts and circumstances which bear a reasonable relationship to the loss occasioned an owner by virtue of his property being taken. 108 So.2d at 291. Under section 74.061, when a jury determines the amount of a compensation award, the responsible agency deposits that amount with the court....

...If there are insufficient funds on deposit to pay the award at that time, the responsible agency must pay into the court registry such funds as are sufficient to pay the award, including interest. We hold, therefore, that the "date of payment" referred to in section 74.061 is the time that funds are made available to the landowner at the completion of the appellate process....

...ate of the surrender of possession to the date of payment, but interest shall not be allowed on so much thereof as may have been paid into court... . Peeler does not control the instant case, however, due to the change in the statutory language. See § 74.061, Fla....

...As clarified by the foregoing observations, the prior opinion of this Court is adhered to in every respect. CARROLL, DONALD K., and WIGGINTON, JJ., concur. NOTES [1] See State Road Department v. Darby, 109 So.2d 591 (Fla.App.1st, 1959), and State Road Department v. Tharp, 146 Fla. 745, 1 So.2d 868 (1941). [2] Section 74.061, Florida Statutes, F.S.A.

...ion of interest. Costs arise out of the litigation itself and are not a claim or part of a claim which forms the basis for the suit. Appellee also argues that to return the case to the trial court would serve no useful purpose as, under the statute, § 74.061, Florida Statutes, appellants are not entitled to interest....

...r 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. 1967, F.S.A. We then notice imperatively the provisions of Section 74.061, wherein it is provided that when the deposit is made in the registry of the court, that thereupon the title to the lands vests in the condemnor and the lands are deemed condemned and the right to compensation vests in the land owners....

...The court could quite simply vacate the order of taking and accomplish the desired result by appropriate order. We would emphasize, however, that this discretion is limited by reason of the fact that the land owner is entitled to believe by virtue of Section 74.061, F.S....

...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. Stat. § 74.061, F.S.A....

...[10] See § 581.1845, Fla. Stat. (2004). [11] Fla. Dep't of Agric. & Consumer Servs. v. Mid-Florida Growers Inc., 570 So.2d 892, 895 (Fla. 1990) (Mid-Florida Growers II) (quoting Dade County v. Gen. Waterworks Corp., 267 So.2d 633, 639 (Fla.1972)). [12] See § 74.061, Fla....

...tiorari seek to set aside an order of taking rendered by the Circuit Court of Santa Rosa County. Respondent, Gulf Power Company, contends that a petition for certiorari will not lie to review an interlocutory order. Such contention is without merit. Section 74.061, Florida Statutes, F.S.A., provides in part: "(1) Immediately upon the making of the deposit, the title or interest specified in the petition shall vest in the petitioner, and the said lands shall be deemed to be condemned and taken fo...

...er from accepting the good faith estimate in full settlement once the trial court has ordered the deposit into the court registry and title has vested in the condemning authority. At this point, the right to compensation vests in the landowner under section 74.061, Florida Statutes, and a condemning authority cannot dismiss the action without the landowner's consent....

...equal the good faith estimate. Upon making the deposit, the condemnor receives title to the property. Section 74.071. However, the landowner's constitutional right to full compensation is determined "in accordance with the provisions of chapter 73." Section 74.061....

...able. Behm v. Division of Administration . Section 55.03(1), providing that a judgment shall bear interest at the rate of 12 percent per year, makes no distinction between a judgment creditor and a condemnee. The clear policy behind that statute and section 74.061 (applicable to quick take condemnation proceedings *437 and providing that interest shall be allowed from the date of surrender of possession of the interest to the date of payment) is to assure that the persons whose property is taken...

...ation and depositing the same into Court. Section 74.081 of Chapter 74, the so-called "quick taking" chapter, specifically provides that neither the declaration of taking, nor the amount of the deposit, shall be admissible in evidence in any action. Section 74.061 of this Chapter provides that after the deposit of the estimate is made, title shall vest in the petitioner, " and the right to compensation for the same shall vest in the persons entitled thereto....

for the property vests in the property owner. § 74.061. The matter of full compensation is then determined

...cludes a good faith estimate of value based on a valid appraisal. § 74.031, Fla. Stat. (1999). Prior to taking possession of and title to the condemned property, the taking authority is required to make a deposit of sufficient funds with the court. § 74.061, Fla....

...The judgment here, in effect, is a consent final judgment and as such the wording is a binding contract. Curtiss-Wright Corporation v. Exhaust Parts, Inc., 144 So.2d 822 (Fla. 3d DCA 1962). This opinion should not be construed as being contrary to the provisions of Section 74.061, Florida Statutes (1977) and we are aware that that statute provides that interest be allowed from the date of surrender of possession to the date of payment....

...On February 22, 1991, the jury, instructed not to consider the interest factor in determining an award, returned a *178 verdict valuing the property at $122,000, $1,900 below the offer. Thereafter, the trial court supplemented the verdict with statutory interest of $5,509, computed pursuant to section 74.061, Florida Statutes (1987), the relevant portion of which states as follows: Compensation shall be determined in accordance with the provisions of chapter 73, except that interest shall be allowed at the same rate as provided in all circ...

...the briefs submitted by the parties. Upon our consideration thereof, we are of the opinion that the appellant's position that interest is not permissible on business damages in an eminent domain action is well taken and we reverse. Florida Statutes § 74.061 allows interest to be paid from the date of surrender of possession to the date of payment on the amount that the verdict exceeds the estimate of value set forth in the declaration of taking....

...uire to be paid for at the time of taking, but only after the amount has been proven and fixed by the jury. Business damages not being a part of the good faith estimate required by law, they are not a part of that sum referred to in Florida Statutes § 74.061 and the trial court's award of interest on said business damages was improper....

...hapter 74 of the Florida Statutes that allows the State to deposit a reasonable sum into the court registry and immediately take title to the property, with the jury valuation phase occurring after the condemning authority has acquired the land. See § 74.061, Fla....

deposit, the petitioner is vested with title. § 74.061, Fla.Stat. (1979). Appellant seeks to further

whether a court should award interest under Section 74.061, Florida Statutes (1977), in the absence of

Corp., 267 So.2d 633, 639 (Fla.1972)). . See § 74.061, Fla. Stat. (2008); Behm v. Div. of Admin., State

compensation likewise vested in them. They cite to section 74.061, Florida Statutes (1983), to support that contention

...f 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. Stat. Title to the property vests in the petitioner upon such deposit. See § 74.061, Fla....

estimate of the value of the property being taken. § 74.-061, Fla.Stat. (1983). The court may disburse this

...The trial court entered its Order of Taking on February 19, 2014, which provided that the rights to the Taken Property would vest with the City immediately upon the City depositing a good faith sum into the court registry. The following day, the City made its deposit and thus took title to the Taken Property. § 74.061, Fla....

...February 20, 2014. Canney v. City of St. Petersburg, 466 So. 2d 1193 1195 (Fla. 2d DCA 1985) (“Damages to compensate for the taking of land or for injury to land not taken belong to the one who owns the land at the time of the taking or injury.”); § 74.061, Fla....

...hapter 74 of the Florida Statutes that allows the State to deposit a reasonable sum into the court registry and immediately take title to the property, with the jury valuation phase occurring after the condemning authority has acquired the land. See § 74.061, Fla....

Transportation Authority were conveyed to Galardi. Section 74.061, Florida Statutes (1975), provides in part:

damages for the taking. Additionally relying upon section 74.061, Florida Statutes (1995), appellant contends

...1, 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....

...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. § 74.061. The matter of full compensation is then determined in accordance with the provisions of chapter 73, Florida Statutes (2007), which provides for the empanelling of a jury to make a final determination of value. §§ 74.061, 73.071. After filing declarations of taking in accordance with the provisions of chapter 74, the City deposited funds into the court's registry, representing its good faith estimate of the value of each parcel....

...Livingston lacked standing; that his claims were barred by res judicata, collateral estoppel, settlement, and/or compromise; that his claims were barred by Florida Rule of Civil Procedure 1.540; that the Clerk's actions were authorized by sections 28.33 and/or 74.061; that Mr. Livingston's interest claim exceeded the limits of section 74.061 and 5Mr....

...authority makes the deposit, two acts occur simultaneously. First, the condemning authority acquires title to the condemned property, and, second, the property owner's entitlement to full compensation under the respective constitutional provisions vests. § 74.061....

with a new and different date of taking. Under section 74.061, Florida Statutes, for the purpose of computing

upon taking and is available to the condemnee. Section 74.061, Florida Statutes (1969). Unlike Florida, Rhode

condemnation proceedings, filed pursuant to section 74.061, Florida Statutes (1977), interest accrues

shall vest in the persons entitled thereto. Section 74.061, F.S. And upon motion of the landowner in "quick