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Florida Statute 166.401 | Lawyer Caselaw & Research
F.S. 166.401 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 166.401

The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES
Chapter 166
MUNICIPALITIES
View Entire Chapter
F.S. 166.401
166.401 Right of eminent domain; procedure; compliance with limitations.
(1) All municipalities in the state may exercise the right and power of eminent domain; that is, the right to appropriate property within the state, except state or federal property, for the uses or purposes authorized pursuant to this part. The absolute fee simple title to all property so taken and acquired shall vest in such municipal corporation unless the municipality seeks to condemn a particular right or estate in such property.
(2) Each municipality is further authorized to exercise the eminent domain power granted to the Department of Transportation in s. 337.27(1) and the transportation corridor protection provisions of s. 337.273.
(3) The local governing body of a municipality may not exercise its power of eminent domain unless the governing body adopts a resolution authorizing the acquisition of a property, real or personal, by eminent domain for any municipal use or purpose designated in such resolution.
(4) Each municipality shall strictly comply with the limitations set forth in ss. 73.013 and 73.014.
History.s. 1, ch. 73-129; s. 5, ch. 88-168; s. 18, ch. 90-227; s. 63, ch. 99-385; s. 13, ch. 2006-11.

F.S. 166.401 on Google Scholar

F.S. 166.401 on Casetext

Amendments to 166.401


Arrestable Offenses / Crimes under Fla. Stat. 166.401
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.401.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BASIC ENERGY CORPORATION, v. HAMILTON COUNTY, a a, 652 So. 2d 1237 (Fla. Dist. Ct. App. 1995)

. . . Section 166.401, Florida Statutes, provides that municipalities may exercise the power of eminent domain . . .

CITY OF OCALA, v. O. J. NYE,, 608 So. 2d 15 (Fla. 1992)

. . . Although section 166.401, Florida Statutes (1989), purports to authorize municipalities to exercise eminent . . . Although section 166.401(2) does not expressly grant the taking of an entire parcel by a municipality . . . Section 166.401, Florida Statutes (1989), provides: (1) All municipalities in the state may exercise . . .

O. J. NYE, v. CITY OF OCALA,, 559 So. 2d 360 (Fla. Dist. Ct. App. 1990)

. . . Indeed, we note the legislature amended section 166.401, Florida Statutes, in 1988 to explicitly authorize . . .

FLORIDA EAST COAST RAILWAY COMPANY, a v. CITY OF MIAMI, a, 372 So. 2d 152 (Fla. Dist. Ct. App. 1979)

. . . to property located within the municipality when such statute is read in pari materia with Sections 166.401 . . . It is, therefore, our view that the legislature through Sections 166.401, 166.411(4), 360.02, Florida . . . proceedings, however, were not brought, as here, under Ch. 24708, Laws of Fla. (1947), or Sections 166.401 . . . Miami, 346 So.2d 621 (Fla. 3d DCA 1977), was based in part on Ch. 24708, Laws of Fla. (1947), and § 166.401 . . . It should be noted, however, that § 166.401, Fla.Stat. (1977), precludes a municipality from condemning . . .