CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 147367
...Section
922.051, Florida Statutes (1993) also recognizes the distinction between state prisons and county jails. [3] Section
166.401, Florida Statutes, provides that municipalities may exercise the power of eminent domain "for the uses or purposes authorized pursuant to this part." Section
166.411(1), Florida Statutes, provides that municipalities may exercise the power of eminent domain for "good reason connected in anywise with the public welfare or the interests of the municipality and the people thereof." Since the use of eminent domain is "one of the most harsh proceedings known to the law, ......
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...shed in this case as a matter of law. We hold that a municipality, and in particular the City of Miami, has the eminent domain right to condemn railroad property located within its municipal limits for the purpose of establishing a public park under Section 166.411(4), Florida Statutes (1977), and Ch....
...e the Circuit Court for the Eleventh Judicial Circuit of Florida. Substantially unlike any of the prior proceedings brought and subsequently dismissed in this cause, the petition herein was brought inter alia under the authority of Sections
166.401,
166.411(4), Florida Statutes (1977), and Ch....
...for a public park to be established on the subject railroad property. The trial court concluded in its order of necessity, and we agree, that the City of Miami has the authority to condemn the subject railroad property for public park purposes under Section 166.411(4), Florida Statutes (1977)....
...ereon a public park may be established within the municipality. For that reason the statute is applicable to all property within the municipality including property owned by a railroad. [2] *156 We are not persuaded by the railroad's contention that Section 166.411(2), Florida Statutes (1977), [3] of the same statute exclusively limits the purposes for which railroad property can be condemned....
...operation of the railroad was, therefore, not available as a defense to the taking herein. The legislature has expressly authorized the condemnation sought in this case. C The eminent domain proceeding herein was also brought under Sections
166.401,
166.411(4), Florida Statutes (1977), which authorizes a municipality to condemn railroad property within its municipal limits for the purpose of establishing a public park....
...Statutes (1977), is applicable to this case as it clearly subordinates the railroad's eminent domain authority to that of a municipality as to property located within the municipality when such statute is read in pari materia with Sections
166.401,
166.411(4), Florida Statutes (1977)....
...It was to avoid just such a conflict that the doctrine of prior public use was developed. As no such conflict now exists in this case, the prior public use doctrine is inapplicable as a defense to the taking herein. It is, therefore, our view that the legislature through Sections
166.401,
166.411(4), 360.02, Florida Statutes (1977), has authorized a municipality by necessary implication to condemn railroad property located within the municipality to establish a public park without regard to whether the railroad is using or occupying the property....
...Florida East Coast Railway Co. v. City of Miami,
321 So.2d 545 (Fla. 1975); City of Miami v. Florida East Coast Railway Co.,
286 So.2d 247 (Fla. 3d DCA 1973). Those proceedings, however, were not brought, as here, under Ch. 24708, Laws of Fla. (1947), or Sections
166.401,
166.411(4), Florida Statutes (1977), and were subsequently dismissed....
...1975), where in no way based on these statutes. The eminent domain proceeding brought in Florida East Coast Railway Co. v. City of Miami,
346 So.2d 621 (Fla. 3d DCA 1977), was based in part on Ch. 24708, Laws of Fla. (1947), and §
166.401, Fla. Stat. (1977), but not on §
166.411(4), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 11702, 2003 WL 21749525
...The Church argued, however, that the petition was jurisdictionally defective for failing to attach the proper resolutions required by Chapter 180. In response, the City maintained that compliance with Chapter 180 was necessary only when a municipality sought to acquire land outside its boundaries. Section 166.411, Florida Statutes, codifies a municipality’s power of eminent domain....
...hone and telegraph lines, all public and private streets and highways, drainage districts, bridge districts, school districts, or any other public or private lands whatsoever necessary to enable the accomplishment of purposes listed in s.
180.06.” §
166.411(2)....
