Code of Alabama
Chapter 80 - General Provisions.
Section 11-80-1 - Condemnation of Lands for Public Building Sites, Roads, Streets, Construction Materials, Etc.

(a) Counties and municipal corporations may condemn lands for public building sites or additions thereto, or for enlargements of sites already owned, or for public roads or streets or alleys, or for material for the construction of public roads or streets or for any other public use.
(b) Notwithstanding any other provision of law, a municipality or county may not condemn property for the purposes of private retail, office, commercial, industrial, or residential development; primarily for enhancement of tax revenue; for transfer to a person, nongovernmental entity, public-private partnership, corporation, or other business entity; or for the primary purpose of acquiring a mortgage or deed of trust. Provided, however, the provisions of this subsection shall not apply to the use of eminent domain by any municipality, housing authority, or other public entity based upon a finding of blight in an area covered by any redevelopment plan or urban renewal plan pursuant to Chapters 2 and 3 of Title 24, provided the purpose of the use of eminent domain pursuant to Chapters 2 and 3 of Title 24 is not primarily to acquire a mortgage or deed of trust, but just compensation, in all cases, shall continue to be first made to the owner. Nothing in this article shall limit the exercise of eminent domain by or for the benefit of public utilities or other entities engaged in the generation, transmission, or distribution of telephone, gas, electricity, water, sewer, or other utility products or services. Nothing in this article shall be interpreted to prohibit a municipal or county governing body from exercising the power of eminent domain to condemn real property, irrespective of whether the property may be subject to a mortgage or deed of trust, for the purpose of constructing, maintaining, or operating streets and roadways, government buildings, or park and recreation facilities.
(c) Property condemned pursuant to the authorizations as described in subsections (a) and (b), if not ever used for the purpose or purposes for which it was condemned or for some other public use, that is subsequently determined to be sold first, shall be offered for sale to the person or persons from whom the property was condemned, or his or her known or ascertainable heirs or assigns, at the price which was paid for the property, less such amount, if any, as the person or persons from whom the property was condemned shall show by good and sufficient documentation to be the amount of income and transaction taxes, if any, actually paid in connection therewith, and if the offer shall not be accepted within 90 days from the date it is made, the property may be sold to any other person but only at public sale after legal notice is given.

Structure Code of Alabama

Code of Alabama

Title 11 - Counties and Municipal Corporations.

Title 3 - Provisions Applicable to Counties and Municipal Corporations.

Chapter 80 - General Provisions.

Section 11-80-1 - Condemnation of Lands for Public Building Sites, Roads, Streets, Construction Materials, Etc.

Section 11-80-2 - Relocation Assistance for Persons Displaced by Acquisition of Real Property Under Local Land Acquisition Programs.

Section 11-80-3 - Contracts Between Counties and Municipalities as to Use and Occupation, etc., of Public Buildings Located in Municipalities.

Section 11-80-4 - Appropriations for Municipal Bands, Etc.

Section 11-80-4.1 - Appropriations and Contributions to Community Action Agencies.

Section 11-80-5 - Planning, Establishment, Administration, etc., of Recreational, Social and Cultural Facilities, Services, etc., for Senior Citizens.

Section 11-80-7 - Authority of Municipalities, Counties, Public Corporations, Boards of Education, etc., With Respect to Letters of Credit as Security for Bonds, Notes, Etc.

Section 11-80-8.1 - Enactment of Ordinances, Resolutions, etc., Controlling Rent Charged for Leasing Private Property Prohibited.

Section 11-80-9 - Assistance to Governing Body of Municipality or County When Municipality or County Declared Disaster Area; Procedure; Mutual Aid Agreements.

Section 11-80-10 - Licensing of Junkyards Located Within and Outside Police Jurisdictions by Municipalities and Counties.

Section 11-80-11 - Authority Reserved to Attorney General to Bring or Settle Certain Lawsuits Concerning Firearms, Ammunition, Etc.

Section 11-80-12 - Retention of Judicially Prescribed Method of Election and Number of Serving Members for Boards of Education, County Commissions, or Municipal Governing Bodies.

Section 11-80-13 - Cemetery Rehabilitation Authorities.

Section 11-80-14 - Deaf or Blind Child Area Signs.

Section 11-80-15 - Regulation of Fertilizer.

Section 11-80-16 - Prohibition Against Requiring Employers to Grant or Compensate for Vacation or Leave Not Required by State or Federal Law.

Section 11-80-17 - Alarm Systems; Regulation of Installation and Use of Battery-Charged Fences.