CopyCited 10 times | Published | Florida 4th District Court of Appeal
...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. In Section
74.071, F.S....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...sum. Otherwise, the order is affirmed. Affirmed in part and reversed in part. GRIMES, C.J., and BOARDMAN, J., concur. NOTES [1] Committee Notes, Fla.R.App.P. 9.130. [2] The trial judge is permitted to allow such a withdrawal under the provisions of Section 74.071....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 600
...perty prior to final judgment, enter an order allowing the taking and directing the condemnor to deposit into the registry of the court funds which equal the good faith estimate. Upon making the deposit, the condemnor receives title to the property. Section 74.071....
CopyCited 3 times | Published | Supreme Court of Florida | 1998 WL 107949
...ner 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. Stat. (1993). Upon motion, the court may permit the landowner to withdraw such funds pending entry of the final judgment. §
74.071, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968710
...Additionally, the legislature used permis *934 sive language by providing that “the court may direct that the sum of money set forth in the declaration of taking be paid forthwith to such defendants from the money deposited in the registry of the court.” § 74.071 (emphasis added)....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8559, 1991 WL 167851
...value, as that order is not before us. The threshhold issue here is whether a court may order deposit of an amount in excess of the good faith estimate of value as reflected in the declaration of taking. We find no abuse of discretion and note that section 74.071 provides: If the compensation awarded for the property by the final judgment shall exceed the amount withdrawn by the defendant, the court shall enter judgment against the petitioner for the deficiency....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3734284, 2014 Fla. App. LEXIS 11613
...posit monies. Indeed, if the property
owner takes possession of the deposit and the ultimate outcome of the eminent domain
proceeding is an award less than the deposit, a monetary judgment is entered against
the property owner for the excess. See § 74.071....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
money deposited in the registry of court." Section
74.071, F.S. Section
28.24(14), F.S., provides the
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 9619, 2000 WL 1056017
...erpetual easement rights for three parcels of the landowner’s property. The trial court entered an order of taking, and the County made its “good faith” declaration of taking deposit. See §§
74.051,
74.061, Fla. Stat. (1993). As permitted by section
74.071, Florida Statutes (1993), the landowner withdrew the County’s good faith deposit from the court’s registry. The valuation trial took place over four years later, in February 1999. As it turned out, the good faith deposit exceeded the jury’s compensation award to the landowner. Pursuant to section
74.071, the County obtained a final judgment of $57,275.57 against the landowner for the deficiency, which Judge Haworth rendered on May 26,1999....
