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Florida Statute 332.02 | Lawyer Caselaw & Research
F.S. 332.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 332.02

The 2023 Florida Statutes (including Special Session C)

Title XXV
AVIATION
Chapter 332
AIRPORTS AND OTHER AIR NAVIGATION FACILITIES
View Entire Chapter
F.S. 332.02
332.02 Acquisition of real property for airports.
(1) Every municipality is hereby authorized through its governing body, to acquire property, real or personal, for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities and to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airports and other air navigation facilities and structures and other property incidental to their operation, either within or without the territorial limits of such municipality and within or without this state; to make, prior to any such acquisition, investigations, surveys, and plans; to construct, install, and maintain airport facilities for the servicing of aircraft and for the comfort and accommodation of air travelers; and to purchase and sell equipment and supplies as an incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air navigation facility owned or controlled by any other municipality of the state without the consent of such municipality. It may use for airport purposes any available property that is now or may at any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.
(2) Property needed by a municipality for an airport or restricted landing area, or for the enlargement of either, or for other airport purposes, may be acquired by purchase, gift, devise, lease, or other means if such municipality is able to agree with the owners of said property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which such municipality is authorized to acquire like property for public purposes, full power to exercise the right of eminent domain for such purposes being hereby granted every municipality both within and without its territorial limits, as specified in and including all the powers, rights, and privileges of chapters 73 and 74. If but one municipality is involved and the charter of such municipality prescribes a method of acquiring property by condemnation, proceedings shall be had pursuant to the provisions of such charter and may be followed as to property within or without its territorial limits. Any title to real property so acquired shall be in fee simple, absolute and unqualified in any way, or any lesser interest therein. For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage. Notwithstanding the provisions of this or any other statute or the provisions of any charter, the municipality may take possession of any such property so to be acquired at any time after the filing of the petition describing the same in condemnation proceedings, as provided in chapter 74. It shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken.
(3) In the event any exercise of power under ss. 332.01-332.12 by a municipality requires the removal, relocation, or reconstruction of any structure located in, on, under, or across any private property, public street or highway, or other public or private places, then such municipality shall reimburse the owner of such structure for the estimated or actual expense of said removal, relocation, or reconstruction prior to the incurring of such expense by such owner.
History.s. 2, ch. 22846, 1945.

F.S. 332.02 on Google Scholar

F.S. 332.02 on Casetext

Amendments to 332.02


Arrestable Offenses / Crimes under Fla. Stat. 332.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 332.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BROWARD COUNTY, v. C. ELLINGTON,, 622 So. 2d 1029 (Fla. Dist. Ct. App. 1993)

. . . We upheld the County’s taking of residential property under section 332.02, Florida Statutes (Supp.1990 . . .

UNITED STATES v. KROGER COMPANY,, 566 F. Supp. 1432 (S.D. Ohio 1983)

. . . (See Sections 332.02 and .03 of the Codification of Statements on Auditing Standards, as issued by the . . .

FLORIDA EAST COAST RAILWAY COMPANY, a v. BROWARD COUNTY, a, 421 So. 2d 681 (Fla. Dist. Ct. App. 1982)

. . . The county’s eminent domain petition cited as statutory authority Sections 127.01, 125.012(3) and 332.02 . . . the power of condemnation to acquire any estate or interest in land for airport facilities, Section 332.02 . . .

PANAMA CITY AIRPORT BOARD, a v. W. H. LAIRD, 90 So. 2d 616 (Fla. 1956)

. . . Pertinent portions of this act, for our purposes, are the following: “332.02 Acquisition of real property . . .

McCRORY v. COMMISSIONER OF INTERNAL REVENUE COMMISSIONER OF INTERNAL REVENUE v. McCRORY, 69 F.2d 688 (5th Cir. 1934)

. . . The determination of the Board tha.t the trustee should have set aside $252,-332.02 and distributed the . . .