The 2023 Florida Statutes (including Special Session C)
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. . . .” § 74.051(2). . . . In 2009, Mallards Cove initiated the case now on appeal, seeking a declaration that section 74.051(4) . . . At the time the funds were invested the statute at issue was section 74.051(3). . . . Throughout this opinion, -the statutory reference will be to section 74.051(4). .The last sentence of . . . section 74.051(4) has since been amended, effective July 1, 2013, to provide: "Ninety percent of the . . .
. . . the funds placed on deposit with the Clerk during the eminent domain proceedings pursuant to section 74.051 . . . compensate the persons entitled to compensation as ultimately determined by the final judgment.” § 74.051 . . . Section 74.051(4) stated in pertinent part: “The clerk is authorized to invest such deposits so as to . . . Livingston’s complaint sought a declaration that the portion of section 74.051(4) directing the Clerk . . . The provision in section 74.051(4) directing payment of interest to the condemning authority could be . . .
. . . School Board made the required good faith deposit into the court registry in accordance with section 74.051 . . . Section 74.051(3) specifically authorized the Clerk to invest the funds. . . . Section 74.051(B) provides, in pertinent part, as follows: The clerk is authorized to invest such deposits . . . Stat.[,] in Collier County, Florida, where a registry deposit was made pursuant to Section 74.051(4), . . . The quoted portion of the statute now appears in subsection (4) of section 74.051. . . .
. . . The Sheas objected to the District’s order of taking and requested a hearing pursuant to section 74.051 . . .
. . . Id. at § 74.051(a). . . . .
. . . Texas Civil Practice and Remedies Code § 74.051(a) states the following: Any person or his authorized . . . Likewise, § 74.051(b) requires that plaintiffs include a statement of compliance in their pleadings and . . .
. . . . § 74.051. . . .
. . . Pursuant to section 74.051(2) and a stipulated order of taking entered on July 13, 2004, FDOT deposited . . .
. . . Gardea moved, unopposed, to abate the proceedings pursuant to Texas Civil Practices and Remedies Code § 74.051 . . .
. . . purporting to be notice letters required pursuant to Texas Civil Practice and Remedies Code section 74.051 . . .
. . . the value of the property into the registry of the court within 20 days, as is required by section 74.051 . . . The motion argued that, pursuant to the specific language set forth in section 74.051(3) of the Florida . . . Section 74.051(3) states that a quick-take order “shall not become effective unless the deposit of the . . . Section 74.051(3) of the Florida Statutes, expressly states that an untimely deposit of good-faith funds . . . Section 74.051(3) of the Florida Statutes (2005) provides: 74.051. . . .
. . . See § 74.051, Fla. Stat. Title to the property vests in the petitioner upon such deposit. . . .
. . . . § 74.051. . . . .
. . . See § 74.051(2), .061, Fla. Stat. (1999). Following discovery and negotiations, the County and Mr. . . .
. . . Section 74.051(1), Florida Statutes (2000), states: If a defendant requests a hearing pursuant to s. . . . The trial court did not adhere to the requirements of section 74.051. . . .
. . . . § 74.051, Fla. Stat. (1999). . . . See § 74.051(2), Fla. Stat. (1999); Fla. E. Coast Ry. Co. v. . . . However, the amount of the deposit cannot be less than the condemning authority's estimate of value. § 74.051 . . .
. . . See §§ 74.051, 74.061, Fla. Stat. (1993). . . .
. . . the County made its good faith deposit of its estimate of the value of the taking pursuant to section 74.051 . . .
. . . See § 74.051(2), Fla. Stat (1995). . . .
. . . . § 74.051, Fla. Stat. (1993). . . .
. . . . §§ 74.051(2) and 73.071, Fla.Stat. (1981). . . .
. . . registry by the taker but later disbursed to the landowners in “quick taking” proceedings under section 74.051 . . . However, reasoning that section 74.051(3) created a clear exception to section 28.24, the court went . . .
. . . wide easement was “taken” immediately upon the making of the good faith deposit required by sections 74.051 . . .
. . . . § 74.051(3), Fla.Stat. (1983). . . . be argued that the court lacked authority to assess rent, assessments, or other charges, as section 74.051 . . .
. . . Moreover, when section 74.051 became effective in 1965, at least one state’s highest court had already . . .
. . . and not when the plaintiff surrendered possession under an order of taking issued pursuant to Section 74.051 . . .
. . . In its defense to the City’s declaration of taking filed pursuant to section 74.051, Florida Statutes . . .
. . . . §§ 74.051(2) and 73.071, Fla.Stat. (1981). . . .
. . . . § 74.051, Fla. Stat. (1979). . . .
. . . Section 74.051(3), Florida Statutes, gives the court power to fix the terms upon which the defendant . . .
. . . The trial court thereafter held an extensive eight day hearing under Section 74.051, Florida Statutes . . .
. . . granted the request for quick taking and directed the condemning authority, as required by Section 74.051 . . . Any such interest must be credited to the secondary road fund of the county as provided in Section 74.051 . . .
. . . deposited by the utility in the court registry, as ordered by the Circuit Court pursuant to Section 74.051 . . . But in 1967, after the Burch decision, Section 74.051(3) was amended by Chapter 67-370, Laws of Florida . . . The District Court held otherwise because Section 74.051(3) had been amended a second time to authorize . . . Section 74.051(3), Florida Statutes, upon which the utility pins its refusal to pay the commission does . . . Section 74.051(3) by its plain language does not except from Clerk charges funds disbursed to defendants . . .
. . . Florida Statutes § 74.051 (1965) provided in part that: “. . . . . . Fla.Stat. § 74.051(3) (1975) presently provides in part that: “No sum refunded to the petitioner from . . . the above-cited change in language, the legislature also added the following language to Fla.Stat. § 74.051 . . . in order to receive some income from the monies deposited in the registry of the court, Fla.Stat. § 74.051 . . . Therefore, we hold that the legislative intent in changing the language of Fla.Stat. § 74.051(3) was . . .
. . . issue (except fraud or bad faith which must be proven by the landowner) inasmuch as, Florida Statute 74.051 . . . A reading of Florida Statutes, Sections 74.051 and 74.061, F.S.A., clearly reveals that a property owner . . . Florida Statute § 74.051(1) F. . . .
. . . . §74.051 (1971). . . . landowner bears the burden), since the only judicial issues raised in the court hearing according to §74.051 . . .
. . . 9.905 acres before final judgment, the State paid into the registry of the court in accordance with § 74.051 . . .
. . . properly exercising its delegated authority prior to entering the order of taking as required by Section 74.051 . . .
. . . . § 74.051, F.S.A., and subsequently, by Order of that Court, upon payment of proper deposit, title of . . .
. . . Pursuant to F.S.1967, section 74.051, F.S. . . .
. . . course the City deposited the required monies into the registry of the court as provided by Section 74.051 . . . See Section 74.051, F.S.1967, F.S.A. . . .
. . . The appellees also point out that Section 74.051, subdivision (1), Florida Statutes, F.S.A., specifically . . .
. . . Chapter 73 and Section 74.051, F.S.A. . . . Sec. 74.051, F.S.A. . . . J., concurs in judgment only. . “74.051 Hearing on order of taking.— “(1) On the date specified in the . . .
. . . penalty from the funds on deposit in the registry of the court, pursuant to an order of taking under § 74.051 . . .
. . . properly exercising its delegated authority prior to entering the order of taking as required by Section 74.051 . . . Section 74.051, Florida Statutes, F.S.A. . Florida Power Corp. v. . . .
. . . Section 74.051, F.S.A., authorizing the entry of an order or judgment based upon a declaration of taking . . . Section 74.051, F.S.A., authorizing the entry of judgment on declaration of taking, is constitutional . . .