Bill Entitled "Eminent Domain - HB 199

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Florida House of Representatives 1983 HB 199


By Representatives Smith, Hodges, and others



I A bill to be entitled

2 An act relating to eminent domain; amending ss.

3 127.01(1) and 166.401, Florida Statutes,

4 requiring counties or municipalities which seek

5 to exercise the power of eminent domain outside
1; 61 of their territorial boundaries for the purpose
S7 of water supply to apply for a consumptive use

i permit from the water management district
U I
S,9 exercising authority over the area to be

10 condemned; providing for access to such
i1. property; prohibiting taking without a

0w 12 consumptive use permit; providing an effective

S131 date.
SIl

151 Be It Enacted by the Legislature of the State of Florida:
'a E
166
9m-
S17 Section 1. Subsection (1) of section 127.01, Florida

18 Statutes, is amended to read:

io 19 127.01 Counties delegated power of eminent domain;
2 0 limitations see~eatoen al-peppesesr-isme-e6-neeeeaaty-eo

S211 aking.--

22 (1) All counties of the state are delegated authority

S231 to exercise the right and power of eminent domain; that is,

S24 the right to appropriate property, except state or federal,

S251 for any public eeunty purpose; provided that a county seeking

26 to exercise the power of eminent domain outside its

27 territorial boundaries for the purpose of water supply shall

28! apply for a consumptive use permit from the water management

a district exercising consumptive use authority in the area to

30' be condemned. No order of taking for water supply may be

311 entered until the condemnor has a valid consumptive use


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118-22A-1-3 118-22A-1-3


permit. The circuit court of the county wherein the property

to be condemned is located shall, upon motion of the

petitioner, grant access to the subject property for the

purpose of allowing tests necessary to complete the

consumptive use permit application. Nothing herein shall be

construed to alter or amend the standards or criteria for

issuance of a consumptive use permit as provided in chapter

373 or rules promulgated thereunder. However, the consumptive

use permit may be conditioned upon acquisition of fee simple

or lesser interest in the subject property by the applicant.

sao 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.

Section 2. Section 166.401, Florida Statutes, is

amended to read:

(Substantial rewording of section. See

s. 166.401, F.S., for present text.)

166.491 Right of eminent domain.--All municipalities

of the state are delegated authority to exercise the right and

p fer Qf eminent domain; that is, the right to appropriate

property, *~pat federal or state property, for any public

Bpjpose. A municipality seeking to exercise the power of

eminent domain outside its territorial boundaries for the

purpose of water supply shall apply for a consumptive use

permit from the water management district exercising

consumptive aus authority in the area to be condemned. No

grder of taking for water supply may be entered until the

condemnor has a valid gongumptive use permit. The circuit

court of the county wherein the pgrperty to be condemned is

located shall, upon motion of the petitioner, grant access to

the subject property for the purpose of allowing tests

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necessary to complete the consumptive use permit application.

Nothing herein shall be construed to alter or amend the

standards or criteria for issuance of a consumptive use permit

as provided in chapter 373 or rules promulgated thereunder.

However, the consumptive use permit may be conditioned upon

acquisition of fee simple or lesser interest in the subject

property by the applicant.

Section 3. This act shall take effect October 1, 1983.


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HOUSE SUMMARY

Requires counties and municipalities which seek to
exercise the power of eminent domain outside of their
territorial boundaries for the purpose of water supply to
apply for a consumptive use permit from the water
management district exercising authority over the area to
be condemned. Prohibits taking without such a permit.


CODING: Words in **eot* eL-.sa type are deletions from existing low; words underlined ore additions.