CITY OF OCALA, APPELLANT,
v.
RED OAK FARM, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The City of Ocala appealed the dismissal of its eminent domain petition to acquire land for an electrical substation. The court affirmed dismissal, holding that while Chapter 180 allows municipalities to exercise utility powers outside city limits, strict statutory compliance with eminent domain procedures—including proper resolutions—is mandatory for a valid condemnation.
The court held that while Chapter 180 allows municipalities to exercise utility powers outside city limits, the petition failed because it did not include the proper resolutions required by sections 180.03 and 180.04, and strict statutory compliance with eminent domain procedures is mandatory for a valid condemnation.
[1] A municipality may exercise its corporate powers to construct utilities outside its corporate limits.
[2] A municipality seeking to condemn property for utility construction must comply with statutory provisions regarding resolutions or ordinances authorizing such constructio…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“in order to take a property owner's land by eminent domain, the statutory provisions of a petition in eminent domain, as defined by section 73.021, Florida Statutes (1991), must be strictly complied with for a valid condemnation. A defective petition will not allow a landowner's property to be taken.”
Establishes the core holding that strict statutory compliance is mandatory for valid eminent domain proceedings
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOcala's city council adopted Resolution 92-41 authorizing condemnation proceedings for land outside the city limits to construct an electrical substat…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdictional Requirement cases and more on FLexlaw
THOMPSON, Judge.
Appellant, City of Ocala (“City”), appeals an order of the trial court dismissing the City’s petition for eminent domain on a parcel of land owned by appellee, Red Oak Farm, Inc. (“Red Oak”). Appellant argues that the trial court erred in applying Chapter 180, Florida Statutes, to the City. We affirm.
FACTS
The city council of Ocala adopted resolution 92-41 authorizing the city attorney to file a condemnation proceeding to acquire land necessary for the construction of an electrical substation. No other resolutions were passed affecting this condemnation. When the City filed the petition in eminent domain seeking the condemnation of certain property, including “Parcel 1” owned by Red Oak, it failed to attach a copy of a resolution setting forth a zone or area and prescribing reasonable regulations concerning its intent to construct a utility in the zoned territory because the land sought to be condemned is outside the city limits.
Red Oak moved to dismiss the petition alleging that the City failed to comply with the jurisdictional requirements of Chapter 180,1 Florida Statutes. Specifically, Red Oak argued that by failing to pass a proper resolution proposing construction or extension of the utility pursuant to section 180.03, Florida Statutes (1991), or by passing an ordinance or resolution authorizing construction or extension of the utility pursuant to section 180.-04, Florida Statutes (1991), the City failed to comply with the required statutory provision necessary to sustain a petition for condemnation. The trial court agreed and dismissed the petition. The City properly appeals.
We hold that Chapter 180 is applicable and does allow the City to exercise its authority to construct an electrical utility outside the city limits. However, in order to take a property owner’s land by eminent domain, the statutory provisions of a petition in eminent domain, as defined by section 73.021,2 Florida Statutes (1991), must be strictly complied with for a valid condemnation. A defective petition will not allow a landowner’s property to be taken. Tosohatchee Game Preserve, Inc. v. Central & Southern Fla. Flood Control Dist., 265 So. 2d 681 (Fla.1972). Because the petition did not have the proper resolutions attached and did not comply with Chapter 180, we affirm the trial court.
AFFIRMED.
HARRIS, C.J. and PETERSON, J., concur. . Section 180.02, Florida Statutes (1991), reads in part:
(2) Any municipality may extend and execute all of its corporate powers applicable for the accomplishment of the purposes of this chapter outside of its corporate limits ...
Section 180.03, Florida Statutes (1991), reads in part:
(1) When it is proposed to exercise the powers granted by this chapter, a resolution or ordinance shall be passed by the city council ... reciting the utility to be constructed or extended and its purpose ...
Section 180.04, Florida Statutes (1991), reads in part:
If after the passage of said resolution the said city council ... shall determine to proceed toward the construction of said utility ... the said city council ... shall pass an ordinance or resolution authorizing the construction of the utility or any extension thereof, reciting the purpose and the territory to be included ...
. Section 73.021, Florida Statutes (1991) provides in part:
Petition; contents. — Those having the right to exercise the power of eminent domain may file a petition therefor in the circuit court of the county wherein the property lies, which petition shall set forth:
(1) The authority under which and the use for which the property is to be acquired, and that the property is necessary for that use.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dep't OF Env't Prot. v. Gibbins, 696 So. 2d 888 (Fla. 5th DCA 1997)…e content of eminent domain petitions. See §§ 73.021(1) — (7), Fla. Stat. (1993). Nothing short of a petition which adheres to the statutory guidelines will commence condemnation proceedings under chapter 73. See City of Ocala v. Red Oak Farm, Inc., 636 So. 2d 81, 83 (Fla. 5th DCA 1994) (“[T]he statutory provisions of a petition in eminent domain, as defined by section 73.021 ..., must be strictly complied with for a valid condemnation.”). In this case, DEP filed a complaint seeking to enjoin Gibbins from de…
-
Lynwood and Myrtle Viverette v. State, 227 So. 3d 1274 (Fla. 1st DCA 2017)…-of-way maps, which were outdated and did not reflect the portion of appellants’ land the Department currently seeks to condemn. Because “[a] defective petition will not allow a landowner’s property to be taken,” City of Ocala v. Red Oak Farm, Inc., 636 So. 2d 81, 83 (Fla. 5th DCA 1994), and because the 2014 resolution could not authorize the acquisition of a parcel that was not drawn up until 2016, the Department’s petition should have been dismissed. We next consider the connected question of whether the…
-
City OF Hallandale Beach v. Smith, 853 So. 2d 495 (Fla. 4th DCA 2003)…ts. Here, because the City is not seeking to condemn property outside of its limits, there is no need to resort to or comply with the provisions of Chapter 180. The Church argued, and the trial court ruled, that City of Ocala v. Red Oak Farm, Inc., 636 So. 2d 81 (Fla. 5th DCA 1994), applies to this case. In Red Oak Farm, although the city passed a resolution authorizing the city attorney to file a condemnation proceeding, it “failed to attach a copy of a resolution setting forth a zone or area and prescribi…
Authorities Cited
- Tosohatchee Game Preserve v. Cent. & S. Fla. Flood Control Dist., 265 So. 2d 681 (Fla. 1972)