§ 166.401, Fla. Stat. · Part IV. EMINENT DOMAIN
Right of eminent domain; procedure; compliance with limitations.
Text — 2026 Florida Statutes
(1) All municipalities in the state may exercise the right and power of eminent domain; that is, the right to appropriate property within the state, except state or federal property, for the uses or purposes authorized pursuant to this part. The absolute fee simple title to all property so taken and acquired shall vest in such municipal corporation unless the municipality seeks to condemn a particular right or estate in such property.
(2) Each municipality is further authorized to exercise the eminent domain power granted to the Department of Transportation in s. 337.27(1) and the transportation corridor protection provisions of s. 337.273.
(3) The local governing body of a municipality may not exercise its power of eminent domain unless the governing body adopts a resolution authorizing the acquisition of a property, real or personal, by eminent domain for any municipal use or purpose designated in such resolution.
(4) Each municipality shall strictly comply with the limitations set forth in ss. 73.013 and 73.014.
Notes and commentary — not statutory text
History
s. 1, ch. 73-129; s. 5, ch. 88-168; s. 18, ch. 90-227; s. 63, ch. 99-385; s. 13, ch. 2006-11.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0166/0166.html
- Text hash
- sha256 415d45651b0397a297afe3dfd1a9ae674ab03219a189aded4d8053b0280d6912
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 73.013, Fla. Stat.Conveyance of property taken by eminent domain; preservation of government entity communications services eminent domain limitation; exception to restrictions on power of eminent domain.Printed as ss. 73.013 and 73.014
- § 73.014, Fla. Stat.Taking property to eliminate nuisance, slum, or blight conditions prohibited.Printed as ss. 73.013 and 73.014
- § 337.27, Fla. Stat.Exercise of power of eminent domain by department; procedure; title; cost.Printed as s. 337.27(1)
- § 337.273, Fla. Stat.Transportation corridors.Printed as s. 337.273
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.