CopyCited 15 times | Published | Supreme Court of Florida
...Gregg and wife were defendants below in an eminent domain proceeding instituted by Sarasota County to condemn certain lands of appellants for a public beach and recreation purposes, authorized by Chapter 27886, Sp.Laws of Florida 1951, and Chapter 22802, Laws of Florida 1945, F.S.A. § 127.01....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal
...to achieve a favorable and desired result for their clients. I would affirm the award of attorneys' fees entered by the trial court. NOTES [1] The subject properties lie east of the Palmetto Expressway, north of Miller Road near 72nd Avenue. [2] By §
127.01(2) Fla. Stat., F.S.A., when the necessity to take, for park purposes, was raised by the defendants, that issue was to be determined by the court (at a pre-trial hearing according to §
73.061 Fla. Stat., F.S.A.), and, by virtue of §
127.01(2), with no presumption in favor of the county's right to take for such purpose resulting from its determination therefor by resolution or petition, and with the taking for such purpose to be permitted only as to the land for which it should be determined by the court there was a public necessity....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 24712
...their use against a foreign government with which the United States is at peace, violate an array of criminal statutes and regulations. See, e.g., 22 U.S.C. § 2778 (1976 & Supp. V 1981), as specified in 22 C.F.R. § 121.01 (a) (1982) and 22 C.F.R. § 127.01 (a) (1982) (criminalizing attempts to export firearms without a license); 18 U.S.C....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...e condemned airspace. That determination is supported by substantial competent evidence. III. Whether the county invoked sufficient proper statutory authority for the taking. The county's eminent domain petition cited as statutory authority Sections
127.01,
125.012(3) and
332.02(2), Florida Statutes (1981), and Chapters 73 and 74, Florida Statutes (1981). Section
127.01 delegates to the county the power of eminent domain,
125.012(3) grants to the county the power of condemnation to acquire any estate or interest in land for airport facilities, Section
332.02 gives municipalities the power to acquire real property for airports, and Chapters 73 and 74 deal with eminent domain in general and supplemental proceedings. Section
127.01 authorizes a county to exercise the power of eminent domain to take the fee simple title to property or "a *684 particular right or estate in ......
...As pointed out by appellant, Section
333.12 specifically refers to the acquisition of air rights and reference to that section in the petition would have been appropriate. We are convinced that appellee's petition nonetheless substantially complied with the statutory requirements in view of its reliance on Section
127.01....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 9312, 1991 WL 63747
Act, 22 U.S.C. § ] 2778(b) and (c) and 22 C.F.R. § 127.1.” He also appeals his sentence, which was imposed
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...rder of the circuit court allowing the taking of that parcel. Case No. 71-1126 is an interlocutory appeal from that same order of taking allowing the county to acquire parcel 4 of the land at issue (owned by the appellees Harvey, et al). Pursuant to § 127.01, Fla....
...We paraphrase these arguments as: (1) the county failed to plead and prove that a survey was made of the line of construction for the parcels involved pursuant to the requirements of Fla. Stat. §
73.021(5), F.S.A.; (2) The county failed in showing the public necessity for the acquisition of the lands pursuant to §
127.01, Fla....
...invests in county commissions the authority to acquire personal property by eminent domain proceedings. It would be ludicrous to argue that a "survey" is necessary of the personal property prior to its condemnation, as a strict construction of that provision would require. Likewise, in proceedings under § 127.01, Fla....
...denied, Fla.,
225 So.2d 527;
396 U.S. 1008,
90 S.Ct. 565,
24 L.Ed.2d 500. The second contention of the appellant landowners strikes at the very heart of the proceedings below in alleging that no public necessity was shown for the acquisition of parcels 3 and 4 as is required under §
127.01(2), Fla....
...record supporting the need for the facility. Nor can we read the Peavy decision to mean that any recreational purpose in the acquisition of land is unnecessary, per se, for that would defeat the very purpose and intent of the Legislature in enacting § 127.01(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1990 WL 6451
beneficiary would not appertain. Scott On Trusts, § 127-1. Therefore, if the trial judge envisioned invading
CopyCited 3 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 611, 1992 Fla. LEXIS 1637, 1992 WL 275893
...cost will be less than the cost of acquiring only a portion of the property. The legislature granted these same powers to counties by expressly authorizing counties to exercise those powers granted to the DOT under subsections
337.27(1) and (2). See §
127.01(1)(b), Fla....
...f land if the acquisition costs will be equal to or less than the costs of acquiring a portion of the property. This subsection further provides that "this means of limiting the rising costs to the state of property acquisition is a public purpose." Section 127.01(1)(b), Florida Statutes (1989), grants this same power to the counties....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1990 WL 37482
...sions", §
166.021(2), Fla. Stat., and since the State, Department of Transportation (DOT) as well as counties are expressly permitted by statute to condemn more property than is necessary where they would save money by doing so, §§
337.27(2), [2]
127.01(1)(b), Fla....
...However, the legislature has made a specific exception as to DOT in section
337.27(2), Florida Statutes, which essentially provides that when the cost to acquire an entire parcel is equal to or less than the cost of acquiring a portion of the tract, DOT is authorized to acquire the entire tract. [3] By section
127.01(1)(b), Florida Statutes, the legislature has expressly given counties this special eminent domain power granted DOT to take all of a tract of land when only a part is needed....
CopyPublished | District Court of Appeal of Florida
placed on this power in the governing statute, section
127.01(1), Florida Statutes (1987)—which remains
CopyPublished | Supreme Court of Florida
property and appropriate it for a county purpose, §
127.01, Fla. Stat. (2014), and all powers of local self-government
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7880
We affirm. The Legislature in its wisdom per Section
127.01(2), F.S.1971, F.S.A., decided that the necessity
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
that there was a "public necessity" for it. Section
127.01(2), F.S. Now, however, to lease a portion of
