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
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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.
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