Senate Bill 2654

    Florida Senate - 1998                                  SB 2654

    By Senator Laurent





    17-1938-98

  1                      A bill to be entitled

  2         An act relating to eminent domain; amending s.

  3         73.071, F.S.; providing criteria for the jury

  4         to determine compensation for specified

  5         agricultural property; providing an effective

  6         date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (3) of section 73.071, Florida

11  Statutes, is amended to read:

12         73.071  Jury trial; compensation; severance damages.--

13         (3)  The jury shall determine solely the amount of

14  compensation to be paid, which compensation shall include:

15         (a)  The value of the property sought to be

16  appropriated. When the income approach to value is considered

17  to value the property sought to be acquired and the highest

18  and best use of the property sought to be acquired is in

19  agriculture as defined in s. 570.02(1), income from

20  agriculture is attributable to real estate for purposes of

21  compensation under this paragraph and paragraph (b);

22         (b)  Where less than the entire property is sought to

23  be appropriated, any damages to the remainder caused by the

24  taking, including, when the action is by the Department of

25  Transportation, county, municipality, board, district or other

26  public body for the condemnation of a right-of-way, and the

27  effect of the taking of the property involved may damage or

28  destroy an established business of more than 5 years'

29  standing, owned by the party whose lands are being so taken,

30  located upon adjoining lands owned or held by such party, the

31  probable damages to such business which the denial of the use

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2654
    17-1938-98




  1  of the property so taken may reasonably cause; any person

  2  claiming the right to recover such special damages shall set

  3  forth in his or her written defenses the nature and extent of

  4  such damages; and

  5         (c)  Where the appropriation is of property upon which

  6  a mobile home, other than a travel trailer as defined in s.

  7  320.01, is located, whether or not the owner of the mobile

  8  home is an owner or lessee of the property involved, and the

  9  effect of the taking of the property involved requires the

10  relocation of such mobile home, the reasonable removal or

11  relocation expenses incurred by such mobile home owner, not to

12  exceed the replacement value of such mobile home.  The

13  compensation paid to a mobile home owner under this paragraph

14  shall preclude an award to a mobile home park owner for such

15  expenses of removal or relocation.  Any mobile home owner

16  claiming the right to such removal or relocation expenses

17  shall set forth in his or her written defenses the nature and

18  extent of such expenses.  This paragraph shall not apply to

19  any governmental authority exercising its power of eminent

20  domain when reasonable removal or relocation expenses must be

21  paid to mobile home owners under other provisions of law or

22  agency rule applicable to such exercise of power.

23         Section 2.  This act shall take effect upon becoming a

24  law.

25

26            *****************************************

27                          SENATE SUMMARY

28    Provides criteria for the jury to determine compensation
      for specified agricultural property in eminent domain
29    proceedings.

30

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