The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 361
PUBLIC UTILITIES: SPECIAL POWERS

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F.S. 361.05

361.05 Right of eminent domain to natural gas companies.—Any corporation or other business entity organized under the laws of this state, or by virtue of the laws of any other state, and qualified to do business in this state, for the purpose of supplying any city, town, village or the inhabitants thereof, or any community with natural gas for domestic or industrial purposes, including any natural gas transmission pipeline company that has received certification under ss. 403.9401-403.9425 or an entity that is subject to regulation under the federal Natural Gas Act, 15 U.S.C. s. 717, shall have the right of eminent domain and may use the provisions of chapters 73 and 74 to lay its pipelines and works; to cause such examinations and surveys for the proposed pipelines to be made as shall be necessary for the selection of the most advantageous routes; to enter upon any land, public or private, necessary to the business contemplated in its charter; to construct its pipelines across, over, under, along, and upon any stream of water, watercourse, canal, lake, bay, gulf, road, street, highway, railroad, and transmission line; to take from any land most convenient to its pipelines and works, any timber, stone, earth, water, or other material which may be necessary to the construction, operation, keeping in repair, or preservation of its pipelines, works, and improvements, upon making due compensation according to law to private owners, with such reservation, if any, of oil, gas, and mineral rights as those owners may determine. If, in order to make repairs to or to relocate any tracks of any railroad or for the performance of any work of construction or reconstruction by any railroad upon its right-of-way, it becomes necessary to relocate temporarily or permanently any natural gas pipeline constructed upon any railroad right-of-way, such work incident to the relocation of such natural gas pipeline shall be performed, and the expense borne, by the company owning or operating that pipeline.

History.—s. 1, ch. 26893, 1951; s. 13, ch. 92-284; s. 1, ch. 2004-77.

F.S. 361.05 on Google Scholar

F.S. 361.05 on Casetext

Amendments to 361.05

Arrestable Offenses / Crimes under Fla. Stat. 361.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 361.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SABAL TRAIL TRANSMISSION, LLC, v. REAL ESTATE,, 255 F. Supp. 3d 1213 (N.D. Fla. 2017)

. . . .§ 361.05, Fla. . . .

In LEROY M. HULL COMPANY, INC., 344 B.R. 466 (Bankr. W.D. Va. 2004)

. . . King, Collier on Bankruptcy §§ 361.05, 363.05[1] (15th ed. rev.2004). . . .

J. PICHOWSKI, L. L. C. I- L. L. C. v. FLORIDA GAS TRANSMISSION COMPANY,, 857 So. 2d 219 (Fla. Dist. Ct. App. 2003)

. . . Section 361.05 allows qualified natural gas transmission pipeline companies to exercise the right of . . . See § 361.05. . . . language, as we are required to do, does not permit us to adopt the expansive interpretation of section 361.05 . . . FGTC’s interpretation requires the addition of words to section 361.05 in order to give natural gas transmission . . . Accordingly, we reject FGTC’s argument concerning section 361.05. . . .

T. B. WALKER, Jr. J. F. v. FLORIDA GAS TRANSMISSION COMPANY,, 491 So. 2d 1286 (Fla. Dist. Ct. App. 1986)

. . . Section 361.05, Florida Statutes (1983). . . .

In L. REYNOLDS, M., 17 B.R. 489 (Bankr. N.D. Ga. 1981)

. . . price, less the down payment of $800.00, the debtors financed the premium for credit life insurance ($361.05 . . .

MARINE OFFICE OF AMERICA DORYMAN FISHING CO. MARINE CORP. d b a HYANNIS MARINA, INC. HYANNIS MARINE SERVICE, 2 Mass. Supp. 20 (D. Mass. 1980)

. . . Gwenmor Repairs and Hauling 11,872.76 Brower’s Replace Cove Marina Gas Tank 1,446.45 i 1 Depth Recorder 361.05 . . . sinking: $1446.45 for the replacement of the CHALLENGER’S gas tank two years after the sinking; and $361.05 . . .

Co. v., 63 Cust. Ct. 341 (Cust. Ct. 1969)

. . . It was assessed with duty at 42% per centum ad valorem under item 361.05 of the Tariff Schedules of the . . . materials in continuous lengths, sewn or otherwise bound together but not woven, of textile materials: 361.05 . . . The floor coverings in the instant case meet all the requirements of item 361.05, supra. . . . We hold, therefore, that the merchandise involved herein was properly classified under said item 361.05 . . .

C., 5 B.T.A. 1063 (B.T.A. 1927)

. . . The Commissioner determined a deficiency in income taxes for the year 1921 in the sum of $361.05. . . .