The probate court may, in the event no such claims are filed by any of such parties and where the probate court is doubtful as to a proper division, require the parties in interest to propound their claims and to hear evidence upon the same in order that the probate court may determine to what part or proportion of said award each of said parties may be rightly entitled. No division or partition for distribution shall be made by the probate court under this section when any adverse claim or title is asserted by any one of the interested parties, which involves the determination of the title to land, and the procedure for partition or distribution under this section shall follow as near as may be the manner provided for the partition of property in chapter 6 of Title 35; except, that no parties in interest shall be added over the objection of any party to those made defendants in the application to condemn, and the hearing shall be confined to such parties so named or added without objection; and when any claim is denied by any party in interest, which involves the determination of the title to land, the probate court shall transmit to the circuit court the said claims and denials filed in the probate court and also the amount of the commissioners' award, less the proper court costs arising from the filing of such claims and denials; and the circuit court shall proceed to determine the matter as provided by law.
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.