T.B. WALKER, JR., AND J.F. WALKER, ET AL., APPELLANTS,
v.
FLORIDA GAS TRANSMISSION COMPANY, APPELLEE
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The Walkers appealed an order of taking in an eminent domain case, challenging whether the condemnation resolution was sufficient to invoke the trial court's jurisdiction. The Florida District Court of Appeal affirmed the trial court's denial of the motion to dismiss, holding that the petition and resolution met all statutory requirements.
The court held that the resolution and petition were sufficient to invoke jurisdiction. The resolution adequately specified the public purpose (pipeline installation), the petition contained a sufficient description of the property in Schedule A, and identified the nature and extent of the easement sought.
[1] A petition in eminent domain must be accompanied by a resolution of the governing board detailing the public purpose for the acquisition, describing the property, and spe…
[2] The construction, operation, and maintenance of gas plants and distribution systems constitute a proper public purpose for the exercise of eminent domain by a private com…
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Join FLexlaw to unlock all legal intelligence“a petition in eminent domain must be accompanied by a resolution of the governing board of the agency or body seeking to condemn the land. The resolution must detail the public purpose for which the property is sought to be acquired”
Establishes the core requirement that a condemnation petition must have an accompanying board resolution specifying public purpose
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFlorida Gas Transmission Company filed a petition in eminent domain to acquire easements for a gas pipeline over the Walkers' property. The petition w…
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MILLS, Judge.
The Walkers bring this interlocutory appeal from an order of taking, contending it was error for the trial court to hold that the condemnation resolution in the instant case was sufficient to invoke the jurisdiction of the court. We disagree and affirm.
This is an eminent domain case which was initiated by the filing of a petition in eminent domain by the Florida Gas Transmission Company. Accompanying and attached to the petition was a resolution by the Board of Directors of Florida Gas. On 15 November 1985, the Walkers filed a motion to dismiss attacking the sufficiency of the petition and the attached resolution. Thereafter, on 18 November the trial court denied the motion and entered an order of taking. This timely appeal followed.
In Tosohatchee Game Pres. v. Central Southern Florida Conservation District, 265 So. 2d 681 (Fla.1972), it was held that a petition in eminent domain must be accompanied by a resolution of the governing board of the agency or body seeking to condemn the land. The resolution must detail the public purpose for which the property is sought to be acquired, Wright v. Dade County, 216 So. 2d 494 (Fla. 3d DCA 1968), cert. denied, 255 So. 2d 527, cert. denied, 396 U.S. 1008, 90 S.Ct. 565, 24 L.Ed.2d 500; contain a description of the property to be acquired, Section 73.021(2), Florida Statutes (1983); and contain the nature and extent of the title or easement sought to be acquired. Chalmers v. Florida Power and Light Co., 245 So. 2d 285 (Fla. 1st DCA 1971).
The construction, operation, and maintenance of gas plants and distribution systems is recognized as a proper purpose for which the right of eminent domain may be exercised by a private company. Sections 180.06, 180.22, Florida Statutes (1983). Any corporation 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 natural gas for domestic and industrial purposes, may exercise the right of eminent domain to lay pipe lines. Section 361.05, Florida Statutes (1983). Since the legislature has determined that the installation of gas pipe lines is for a public purpose, and the resolution in the instant case specified that it sought easements for a pipe line, the Walkers’ argument that the resolution only specified a private purpose is not well taken.
Regarding the second and third requirements, the petition in the instant case states that Florida Gas seeks rights-of-way over certain parcels and tracts of land described in “Schedule A.” This schedule was attached to the petition and it contains a legal description of the Walkers’ property and a delineation of the nature and extent of the easement sought to be acquired from the Walkers. Moreover, the resolu tion also contains a general description which identifies the property in question and the easement sought.
As this is a case in which the land to be condemned was sufficiently described and such land is within the territorial jurisdiction of the trial court, there can be no doubt the trial court correctly ruled that it had jurisdiction over the subject matter. City of Clearwater v. Janet Land Corporation, 343 So. 2d 853 (Fla. 2d DCA 1976).
Accordingly, we affirm.
WIGGINTON and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pichowski v. Fla. GAS Transmission Co., 857 So. 2d 219 (Fla. 2d DCA 2003)…ature of statute that is impressed with a public use, provides services generally considered to be essential to society, and enjoys certain powers usually reserved to the sovereign). Finally, FGTC argues that Walker v. Florida Gas Transmission Co., 491 So. 2d 1286 (Fla. 1st DCA 1986), supports its argument that it is entitled to use the [*223] quick-take procedures. Walker recognizes that the installation of gas pipe lines is for a public purpose and that the right of eminent domain may be exercised by a priv…
Authorities Cited
- Tosohatchee Game Preserve v. Cent. & S. Fla. Flood Control Dist., 265 So. 2d 681 (Fla. 1972)
- Smith v. United States, 396 U.S. 1008 (U.S. 1970)
- Taylor v. Dealers Transp. Co., 396 U.S. 1008 (U.S. 1970)
- Wright v. Dade Cnty., 216 So. 2d 494 (Fla. 3d DCA 1968)
- City OF Clearwater v. Janet Land Corp., 343 So. 2d 853 (Fla. 2d DCA 1976)
- Chalmers v. Fla. Power & Light Co., 245 So. 2d 285 (Fla. 1st DCA 1971)
- Blair v. Ramsey, 245 So. 2d 285 (Fla. 4th DCA 1971)