The State of Alabama, or any county, municipality, the University of Alabama, Auburn University, the University of Montevallo or any corporation organized under the laws of this state, or any person or association of persons, proposing to take lands, or to acquire an interest or easement therein, for any uses for which private property may be taken, may, if there be no other mode of proceeding prescribed by law, apply to the probate court of the county in which such lands, or a material portion thereof, may be situate, for an order of condemnation thereof to such uses. The state or any county may institute and maintain the proceedings herein authorized, in its own name, without giving bond or security or causing affidavit to be made, though the same may be required if the action were between private citizens. The written direction of the Governor to the attorney of record is a sufficient authority for bringing the suit.
Structure Code of Alabama
Chapter 1A - Eminent Domain Generally.
Section 18-1A-271 - Acquisition of Lands, etc., for State Prison System.
Section 18-1A-273 - Acquisition of Easements for Crossings by Railroads, Etc.
Section 18-1A-275 - Guardian Ad Litem for Infants or Incompetents.
Section 18-1A-276 - Hearing; Order Granting or Refusing Complaint.
Section 18-1A-277 - Hearing to Be Conducted as in Civil Cases.
Section 18-1A-278 - Who May Appear at Proceedings and Trials.
Section 18-1A-279 - Commissioners - Appointment; Qualifications; Certificate; Vacancies.
Section 18-1A-280 - Commissioners - Service of Notice of Appointment.
Section 18-1A-281 - Commissioners - Assessment of Damages and Compensation; View; Hearing.
Section 18-1A-283 - Appeal From Order of Condemnation.
Section 18-1A-285 - Separate Bonds Required in Case of Joint Appeals.
Section 18-1A-286 - Appeal to Circuit Court Upon Denial of Application by Probate Court.
Section 18-1A-287 - Order of Condemnation on Appeal.
Section 18-1A-288 - Appeal From Final Judgment of Circuit Court.
Section 18-1A-290 - Time for Payment of Damages and Compensation; Effect of Failure to Pay Damages.
Section 18-1A-294 - Probate Court Deemed Open at All Times.
Section 18-1A-295 - Use of Condemnation Proceedings by Institutions of Higher Learning.