The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.411

166.411 Eminent domain; uses or purposes.—Subject to the limitations set forth in ss. 73.013 and 73.014, municipalities are authorized to exercise the power of eminent domain for the following uses or purposes:

(1) For the proper and efficient carrying into effect of any proposed scheme or plan of drainage, ditching, grading, filling, or other public improvement deemed necessary or expedient for the preservation of the public health, or for other good reason connected in anywise with the public welfare or the interests of the municipality and the people thereof;

(2) Over railroads, traction and streetcar lines, telephone 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;

(3) For streets, lanes, alleys, and ways;

(4) For public parks, squares, and grounds;

(5) For drainage, for raising or filling in land in order to promote sanitation and healthfulness, and for the taking of easements for the drainage of the land of one person over and through the land of another;

(6) For reclaiming and filling when lands are low and wet, or overflowed altogether or at times, or entirely or partly;

(7) For the use of water pipes and for sewerage and drainage purposes;

(8) For laying wires and conduits underground; and

(9) For city buildings, waterworks, ponds, and other municipal purposes which shall be coextensive with the powers of the municipality exercising the right of eminent domain.

History.—s. 1, ch. 73-129; ss. 1, 2, ch. 2001-77; s. 4, ch. 2005-3; s. 14, ch. 2006-11.

F.S. 166.411 on Google Scholar

F.S. 166.411 on Casetext

Amendments to 166.411

Arrestable Offenses / Crimes under Fla. Stat. 166.411

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.411.

Annotations, Discussions, Cases:

Cases from cite.case.law:

L. KIRKLAND M. C. Jr. L. v. CITY OF LAKELAND,, 3 So. 3d 398 (Fla. Dist. Ct. App. 2009)

. . . Lakeland has been delegated the State’s power of eminent domain in its charter and by virtue of section 166.411 . . .

CITY OF HALLANDALE BEACH, v. SMITH, 853 So. 2d 495 (Fla. Dist. Ct. App. 2003)

. . . Section 166.411, Florida Statutes, codifies a municipality’s power of eminent domain. . . . private lands whatsoever necessary to enable the accomplishment of purposes listed in s. 180.06.” § 166.411 . . .

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

. . . Section 166.411(1), Florida Statutes, provides that municipalities may exercise the power of eminent . . .

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

. . . .-401, 166.411, Fla.Stat.) to authorize municipalities, in the exercise of their eminent domain powers . . .

FALLS CHASE SPECIAL TAXING DISTRICT E. v. CITY OF TALLAHASSEE,, 788 F.2d 711 (11th Cir. 1986)

. . . . § 166.411 (1985) authorizes the use of eminent domain for, among other municipal purposes, the use . . .

AUTON, v. DADE CITY, FLORIDA, a, 783 F.2d 1009 (11th Cir. 1986)

. . . . § 166.411 (1985) authorizes the use of eminent domain for, among other municipal purposes, the use . . .

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

. . . property located within its municipal limits for the purpose of establishing a public park under Section 166.411 . . . We are not persuaded by the railroad’s contention that Section 166.411(2), Florida Statutes (1977), of . . . C The eminent domain proceeding herein was also brought under Sections 166.401, 166.411(4), Florida Statutes . . . It is, therefore, our view that the legislature through Sections 166.401, 166.411(4), 360.02, Florida . . . was based in part on Ch. 24708, Laws of Fla. (1947), and § 166.401, Fla.Stat. (1977), but not on § 166.411 . . .