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2010 Florida Statutes

Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 127
RIGHT OF EMINENT DOMAIN TO COUNTIES
CHAPTER 127
CHAPTER 127
RIGHT OF EMINENT DOMAIN TO COUNTIES
127.01
Counties delegated power of eminent domain; recreational purposes, issue of necessity of taking; compliance with limitations.
127.02
County commissioners may authorize acquirement of property by eminent domain.
127.01

Counties delegated power of eminent domain; recreational purposes, issue of necessity of taking; compliance with limitations.

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(1)(a)

Each county of the state is delegated authority to exercise the right and power of eminent domain; that is, the right to appropriate property, except state or federal, for any county purpose. The absolute fee simple title to all property so taken and acquired shall vest in such county unless the county seeks to condemn a particular right or estate in such property.

(b)

Each county is further authorized to exercise the eminent domain power granted to the Department of Transportation by s. 337.27(1), the transportation corridor protection provisions of s. 337.273, and the right of entry onto property pursuant to s. 337.274.

(2)

However, no county has the right to condemn any lands outside its own county boundaries for parks, playgrounds, recreational centers, or other recreational purposes. In eminent domain proceedings, a county’s burden of showing reasonable necessity for parks, playgrounds, recreational centers, or other types of recreational purposes shall be the same as the burden in other types of eminent domain proceedings.

(3)

A county shall strictly comply with the limitations set forth in ss. 73.013 and 73.014.

History.
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s. 1, ch. 7338, 1917; RGS 1503; CGL 2281; s. 1, ch. 22802, 1945; s. 18, ch. 63-559; s. 5, ch. 73-299; s. 1, ch. 84-319; s. 17, ch. 85-80; s. 4, ch. 88-168; s. 1, ch. 91-141; s. 62, ch. 99-385; s. 4, ch. 2006-11.

127.02

County commissioners may authorize acquirement of property by eminent domain.

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The board of county commissioners may not exercise its power of eminent domain unless the board adopts a resolution authorizing the acquisition of a property, real or personal, by eminent domain for any county use or purpose designated in such resolution, subject to the limitations set forth in ss. 73.013 and 73.014.

History.
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s. 2, ch. 7338, 1917; RGS 1504; CGL 2282; s. 5, ch. 2006-11.