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Florida Statute 332.02 - Full Text and Legal Analysis
Florida Statute 332.02 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXV
AVIATION
Chapter 332
AIRPORTS AND OTHER AIR NAVIGATION FACILITIES
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332.02 Acquisition of real property for airports.
(1) Every municipality is hereby authorized through its governing body, to acquire property, real or personal, for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities and to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airports and other air navigation facilities and structures and other property incidental to their operation, either within or without the territorial limits of such municipality and within or without this state; to make, prior to any such acquisition, investigations, surveys, and plans; to construct, install, and maintain airport facilities for the servicing of aircraft and for the comfort and accommodation of air travelers; and to purchase and sell equipment and supplies as an incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air navigation facility owned or controlled by any other municipality of the state without the consent of such municipality. It may use for airport purposes any available property that is now or may at any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.
(2) Property needed by a municipality for an airport or restricted landing area, or for the enlargement of either, or for other airport purposes, may be acquired by purchase, gift, devise, lease, or other means if such municipality is able to agree with the owners of said property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which such municipality is authorized to acquire like property for public purposes, full power to exercise the right of eminent domain for such purposes being hereby granted every municipality both within and without its territorial limits, as specified in and including all the powers, rights, and privileges of chapters 73 and 74. If but one municipality is involved and the charter of such municipality prescribes a method of acquiring property by condemnation, proceedings shall be had pursuant to the provisions of such charter and may be followed as to property within or without its territorial limits. Any title to real property so acquired shall be in fee simple, absolute and unqualified in any way, or any lesser interest therein. For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage. Notwithstanding the provisions of this or any other statute or the provisions of any charter, the municipality may take possession of any such property so to be acquired at any time after the filing of the petition describing the same in condemnation proceedings, as provided in chapter 74. It shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken.
(3) In the event any exercise of power under ss. 332.01-332.12 by a municipality requires the removal, relocation, or reconstruction of any structure located in, on, under, or across any private property, public street or highway, or other public or private places, then such municipality shall reimburse the owner of such structure for the estimated or actual expense of said removal, relocation, or reconstruction prior to the incurring of such expense by such owner.
History.s. 2, ch. 22846, 1945.

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Amendments to 332.02


Annotations, Discussions, Cases:

Cases Citing Statute 332.02

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Florida East Coast Ry. Co. v. Broward Cty., 421 So. 2d 681 (Fla. 4th DCA 1982).

Cited 9 times | Published | Florida 4th District Court of Appeal

...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....
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Iber v. RPA Intern. Corp., 585 So. 2d 367 (Fla. 3d DCA 1991).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 8042, 1991 WL 152941

However, as this passage and the precise language of § 332(2) (public invitee person on land "for a purpose
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Broward Cnty. v. Ellington, 622 So. 2d 1029 (Fla. 4th DCA 1993).

Cited 1 times | Published | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 7612, 1993 WL 267377

...In Test, residential property owners challenged Broward County's condemnation of their property based upon the grounds that the County had no specific need for their property and chose to selectively condemn residential but not commercial properties. We upheld the County's taking of residential property under section 332.02, Florida Statutes (Supp....
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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

airports and other air navigation facilities. Section 332.02. Section 332.08(4) provides for the sale or
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Ago (Fla. Att'y Gen. 1982).

Published | Florida Attorney General Reports

Airport Board v. Laird, 90 So.2d 616 (Fla. 1956). Section 332.02(1) provides in pertinent part: Every municipality

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.