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Florida Statute 337.27 | Lawyer Caselaw & Research
F.S. 337.27 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 337.27

The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION
Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY
View Entire Chapter
F.S. 337.27
337.27 Exercise of power of eminent domain by department; procedure; title; cost.
(1) The power of eminent domain is vested in the department to condemn all necessary lands and property, including rights of access, air, view, and light, whether public or private, for the purpose of securing and utilizing transportation rights-of-way, including, but not limited to, any lands reasonably necessary for securing applicable permits, areas necessary for management of access, borrow pits, drainage ditches, water retention areas, rest areas, replacement access for landowners whose access is impaired due to the construction of a facility, and replacement rights-of-way for relocated rail and utility facilities; for existing, proposed, or anticipated transportation facilities on the State Highway System or State Park Road System; or in a transportation corridor designated by the department; or for the purposes of screening, relocation, removal, or disposal of junkyards and scrap metal processing facilities. The department shall also have the power to condemn any material and property necessary for such purposes. The secretary of the Department of Transportation may delegate the authority to execute eminent domain resolutions to the department’s chief administrative officer of the district in which the property is located, or to the chief administrative officer of the Office of Florida Turnpike if the property is to be acquired for a turnpike system project.
(2) Title to any land acquired in the name of the department vests in the state.
(3) The department is authorized to pay the judgment or compensation, including deposits required, awarded in any such proceedings out of any funds available to the department for the maintenance or construction of any transportation facility on the State Highway System, on the State Park Road System, or in a transportation corridor designated by the department.
(4) When the department acquires property for a transportation facility or in a transportation corridor through the exercise of eminent domain authority, or by purchase or donation, it is not subject to any liability imposed by chapter 376 or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. This section does not affect the rights or liabilities of any past or future owners of the acquired property nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The department and the Department of Environmental Protection may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the department.
History.s. 106, ch. 29965, 1955; s. 18, ch. 57-318; ss. 23, 35, ch. 69-106; s. 1, ch. 80-312; s. 165, ch. 84-309; s. 2, ch. 84-319; s. 3, ch. 87-164; s. 1, ch. 87-242; s. 18, ch. 88-168; s. 6, ch. 89-232; s. 132, ch. 92-152; s. 166, ch. 94-356; s. 64, ch. 99-385.

F.S. 337.27 on Google Scholar

F.S. 337.27 on Casetext

Amendments to 337.27


Arrestable Offenses / Crimes under Fla. Stat. 337.27
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.27.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. L. IVEY,, 507 F. App'x 502 (6th Cir. 2012)

. . . the front-seat passenger, was not wearing his seatbelt, a violation of Amherst Municipal Ordinance 337.27 . . .

SYSTEM COMPONENTS CORPORATION, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 14 So. 3d 967 (Fla. 2009)

. . . . & Loan Ass’n, 532 So.2d 1267, 1270 (Fla.1988) (upholding the constitutionality of section 337.27(3) . . .

In RAYBORN,, 307 B.R. 710 (Bankr. S.D. Ala. 2002)

. . . On January 10, 2002 the Court ordered a refund of $2, 337.27, reflecting an additional disbursement amount . . .

STATE DEPARTMENT OF TRANSPORTATION, v. M. PATEL,, 768 So. 2d 1173 (Fla. Dist. Ct. App. 2000)

. . . less than the “acquisition costs” of the partial taking, DOT would seek a whole take under section 337.27 . . . We note that section 337.27(2) was repealed, effective January 1, 2000. . . .

KAREN S TACK, INC. J. J. d b a s H. I. J. V. I. P. d b a d b a d b a B G ABC J. W. D. V. M. P. A. v. STATE DEPARTMENT OF TRANSPORTATION, s V. d b a, 754 So. 2d 722 (Fla. Dist. Ct. App. 1999)

. . . center who appeal an order granting a “quick take” of the entire shopping center pursuant to section 337.27 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. BARBARA S CREATIVE JEWELRY, INC. a, 728 So. 2d 240 (Fla. Dist. Ct. App. 1998)

. . . believe the procedure advocated by the majority is not only contrary to the plain language of section 337.27 . . . costs to the department will be equal to or less than the cost of acquiring a portion of the property.” 337.27 . . . Thus, the plain language of section 337.27(2) makes proof of these equal or lower acquisition costs a . . . quick take procedure can never be used when an entire parcel is sought to be condemned under section 337.27 . . . DOT had sought condemnation of the entire parcel under section 337.27(2), Florida Statutes (1995), on . . . partial taking, DOT analyzed whether a condemnation of the whole property under the authority of section 337.27 . . . Section 337.27(2) provides as follows: In the acquisition of lands and property, the department may acquire . . . The trial court’s conclusions as to the issues presented under section 337.27 constitute a determination . . . We therefore certify the following question: WHERE CONDEMNATION UNDER SECTION 337.27(2), FLORIDA STATUTES . . .

DIXIE OIL COMPANY OF FLORIDA, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 657 So. 2d 1258 (Fla. Dist. Ct. App. 1995)

. . . We do not need to determine whether the Department’s condemnation powers in section 337.27, Florida Statutes . . .

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

. . . Section 337.27(1), Florida Statutes (1989), vests in the DOT the power of eminent domain to secure transportation . . . rights-of-way, while section 337.27(2) authorizes the DOT to acquire the land in its entirety if by . . . counties by expressly authorizing counties to exercise those powers granted to the DOT under subsections 337.27 . . . Section 337.27(2), Florida Statutes (1989), authorizes the DOT to acquire an entire tract of land if . . . authorized to exercise the eminent domain powers granted to the Department of Transportation in s. 337.27 . . .

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

. . . permitted by statute to condemn more property than is necessary where they would save money by doing so, §§ 337.27 . . . However, the legislature has made a specific exception as to DOT in section 337.27(2), Florida Statutes . . . Previously section 337.27(3), Florida Statutes. . . . . The constitutionality of this subsection (then § 337.27(3)) was upheld in Department of Transportation . . . in section 337.-27(1) but did not include in this authorization the power granted to DOT by section 337.27 . . .

DEPARTMENT OF TRANSPORTATION, v. FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION, f k a J., 532 So. 2d 1267 (Fla. 1988)

. . . Fortune Federal Savings and Loan Ass'n, 507 So.2d 1172 (Fla. 2d DCA 1987), in which section 337.27(3) . . . also certified the following question to this Court as one of great public importance: Whether section 337.27 . . . certified question as follows: Whether the public purpose of limiting acquisition costs under section 337.27 . . . DOT attempted to invoke section 337.27(3) which allows the state agency to take an entire parcel of land . . . The statute under scrutiny here, section 337.27(3), Florida Statutes (1985), permits the state agency . . .

JOINT VENTURES, INC. v. DEPARTMENT OF TRANSPORTATION,, 519 So. 2d 1069 (Fla. Dist. Ct. App. 1988)

. . . property), section 337.26 (empowering it to execute instruments of sale, leases or conveyances), section 337.27 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION, f k a J., 507 So. 2d 1172 (Fla. Dist. Ct. App. 1987)

. . . We are here concerned with the constitutionality of section 337.27(3), Florida Statutes (1985). . . . He testified that a “whole take” pursuant to section 337.27(3) was justified because the “acquisition . . . The pertinent portion of § 337.27(3), enacted in 1984, is: In the acquisition of lands and property, . . . To conclude otherwise would be to allow one statute (§ 337.27(3)) to repeal or amend another statute . . . We also hold unconstitutional section 337.27(3), Florida Statutes (1985). . . .

HOUSING AUTHORITY OF CITY OF FORT LAUDERDALE, v. STATE DEPARTMENT OF TRANSPORTATION,, 385 So. 2d 690 (Fla. Dist. Ct. App. 1980)

. . . The statutory authority for the department to condemn property is found in Section 337.27(1), Florida . . .

J. SALFI v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION,, 312 So. 2d 781 (Fla. Dist. Ct. App. 1975)

. . . . § 337.27 (1973), and that rest areas are not there specified. . . .

PITZ v. STATE ROAD DEPARTMENT, 32 Fla. Supp. 55 (Dade Cty. Cir. Ct. 1966)

. . . State Road Department, 180 So.2d 513; Florida Statutes, §337.25, §337.27, and chapters 73 and 74; State . . .

A. WISE WDW, v. DeWERD, De La A. WISE. WDW, INC., 358 F.2d 389 (3d Cir. 1966)

. . . WDW, Inc. received from the joint venture cash advances of $12,-337.27 plus $800.00 from the sale of . . .

GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY, v. STATE ROAD DEPARTMENT a, 176 So. 2d 111 (Fla. Dist. Ct. App. 1965)

. . . Sections 337.27 and 127.01 (1), Florida Statutes, F.S.A. . City of Dania v. . . .

STATE ROAD DEPARTMENT OF FLORIDA, v. SOUTHLAND, INC., 117 So. 2d 512 (Fla. Dist. Ct. App. 1960)

. . . Sec. 337.27 F.S.A. . . .