(a) Except as provided in subsection (b), the plaintiff has the burden of proof on all issues of fact raised in connection with a preliminary objection.
(b) If in support of a preliminary objection a defendant alleges fraud, corruption, bad faith, or gross abuse of discretion on the part of the plaintiff or any of its officers, agents, or employees, the defendant has the burden of proving by clear and convincing evidence the facts relating to that particular allegation.
Structure Code of Alabama
Chapter 1A - Eminent Domain Generally.
Article 5 - Defendant's Response.
Section 18-1A-90 - When Answer Required; Disclaimer Where No Interest Claimed.
Section 18-1A-91 - Contents of Answer; Preliminary Objections.
Section 18-1A-92 - Disclaimer.
Section 18-1A-93 - Hearing on Preliminary Objections.
Section 18-1A-94 - Burden of Proof at Hearing on Preliminary Objections.
Section 18-1A-95 - Disposition of Preliminary Objections; Award of Litigation Expenses to Defendant.