If the probate court refuses to grant the application, the applicant shall have a right of appeal to the circuit court upon giving security for costs, to be approved by the judge of probate, and upon such appeal the trial shall be de novo. Upon any appeal taken to the circuit court under this section, if such circuit court determines that the application should be granted, it shall immediately proceed either to have the damages and compensation assessed as provided in Section 18-1A-151 or grant the condemnor the right of entry upon deposit of the amount of its approved offer into circuit court together with a bond in double the amount as provided in Section 18-1A-284. In such latter event the valuation issue shall be determined as provided in Section 18-1A-151 as may be set by the circuit court.
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.