Code of Alabama
Title 18 - Eminent Domain.

Section 18-1A-5 - Compliance With Requirements for Federal Financial Assistance. - Notwithstanding any provision of this chapter, a condemnor may comply...

Article 2 - Policies Governing Land Acquisition.

Section 18-1A-20 - Application of Article. - (a) In order to encourage and expedite the acquisition of...

Section 18-1A-21 - Appraisal. - Before commencing a condemnation action, the condemnor shall cause the...

Section 18-1A-22 - Offer to Purchase at Full Appraised Value; Amount of Compensation; Written Statement and Summary; Waiver Valuation. - (a)(1) Before commencing a condemnation action, the condemnor shall establish...

Section 18-1A-23 - Payment or Deposit Before Surrender of Possession. - An owner shall not be required to surrender possession of...

Section 18-1A-24 - Notice to Terminate Occupancy. - Except in an emergency, a condemnor may not require a...

Section 18-1A-25 - Rental to Former Owner or Tenant After Property Acquired. - If a condemnor, after acquiring property, rents all or part...

Section 18-1A-26 - Coercive Action Forbidden. - In order to compel an agreement on the price to...

Section 18-1A-27 - Offer to Acquire Uneconomic Remnant. - (a) If the acquisition of only part of a property...

Section 18-1A-28 - Acquisition of Improvements to Be Removed or Adversely Affected. - A condemnor that acquires any interest in real property shall...

Section 18-1A-29 - Compensation for Tenant-Owned Improvements. - (a) If a building, structure, or other improvement to be...

Section 18-1A-30 - Expenses Incidental to Transfer of Title; Interest on Award. - (a) As soon as practicable after payment of the purchase...

Section 18-1A-31 - Waiver of Failure to Comply With Sections 18-1a-20 Through 18-1a-30. - If not inconsistent with the requirements of an applicable statute...

Section 18-1A-32 - Condemnation Action Required; Inverse Condemnation. - (a) If property is to be acquired by a condemnor...

Section 18-1A-33 - Noncompliance With Article Does Not Affect Validity of Condemnor's Interest; Construction of Article With Federal Law as to Financial Assistance. - (a) A failure to satisfy the requirements or limitations of...

Article 3 - Proceedings Before Action.

Section 18-1A-50 - Entry Upon Property for Suitability Studies. - (a) A condemnor and its agents and employees may enter...

Section 18-1A-51 - Court Order Permitting Entry. - (a) If reasonable efforts to accomplish a lawful entry or...

Section 18-1A-52 - Bond for Damages Caused by Entry. - (a) An order permitting entry under Section 18-1A-51 shall include...

Section 18-1A-53 - Modification of Court Order Permitting Entry. - (a) After notice and hearing, the circuit court may modify...

Section 18-1A-54 - Proceeding or Action to Recover Damages Caused by Entry; Payment of Damages. - (a) A condemnor is liable for physical injury to, and...

Section 18-1A-55 - Offer to Purchase as Prerequisite to Condemnation Action. - An action to condemn property may not be maintained over...

Article 4 - Commencement of Action by Condemnor.

Section 18-1A-70 - Procedure Generally. - The procedure for condemnation of property under the power of...

Section 18-1A-71 - Commencement of Condemnation Action; Venue. - A condemnation action is commenced by filing a complaint for...

Section 18-1A-72 - Contents of Complaint; Property Already Subject to Public Use; Easement to Cross Line of Another Railroad; Map or Diagram to Accompany Complaint. - (a) In addition to other allegations required or permitted by...

Section 18-1A-73 - Joinder of Lands in Same County in Same Complaint; Separate Hearing for Each Owner. - (a) Where there are several tracts of land lying within...

Section 18-1A-74 - Service of Process. - (a) On the filing of the complaint, the probate court...

Section 18-1A-75 - Recording Notice of Pending Action; Amendment of Complaint After Notice Filed; Notice of Dismissal. - (a) After commencement of a condemnation action, the plaintiff shall...

Article 5 - Defendant's Response.

Section 18-1A-90 - When Answer Required; Disclaimer Where No Interest Claimed. - The defendant may respond by answer but is not required...

Section 18-1A-91 - Contents of Answer; Preliminary Objections. - (a) In addition to other matters required or permitted by...

Section 18-1A-92 - Disclaimer. - (a) A disclaimer need not be in any particular form,...

Section 18-1A-93 - Hearing on Preliminary Objections. - Preliminary objections shall be heard and determined by the probate...

Section 18-1A-94 - Burden of Proof at Hearing on Preliminary Objections. - (a) Except as provided in subsection (b), the plaintiff has...

Section 18-1A-95 - Disposition of Preliminary Objections; Award of Litigation Expenses to Defendant. - (a) If the probate court determines that a preliminary objection...

Article 6 - Deposit and Possession Prior to Judgment.

Section 18-1A-110 - Motion for Withdrawal of Deposited Funds Before Judgment. - At any time after payment of the award and before...

Section 18-1A-111 - Investment of Deposit; Allocation of Interest. - Upon motion of a party at any time after a...

Article 7 - Proceedings Before Trial.

Section 18-1A-130 - Discovery and Pretrial Conferences. - Discovery and pretrial conferences in condemnation actions in the circuit...

Section 18-1A-131 - Admissibility of Evidence; Permissible Basis for Witness' Opinion. - This article does not make admissible any evidence not otherwise...

Article 9 - Procedure for Determining Just Compensation.

Section 18-1A-150 - Setting for Trial; Separate Trial of Nonjury Issues. - (a) To the extent practicable, actions under this chapter shall...

Section 18-1A-151 - Demand for Trial by Jury; Waiver; Procedure for Jury Selection, Etc. - (a) In the circuit court the amount of compensation and...

Section 18-1A-152 - Order of Arguments and Presentation of Evidence. - The plaintiff shall make the first opening statement, proceed first...

Section 18-1A-153 - Burden of Proof. - No party has the burden of proof on the issue...

Section 18-1A-154 - Separation of Issues of Compensation and Apportionment. - The circuit court or jury shall first determine the total...

Article 10 - Compensation.

Section 18-1A-170 - Compensation Standards; Valuation in Case of Partial Taking. - (a) An owner of property acquired by eminent domain is...

Section 18-1A-171 - Reduction of Compensation Award Because of Incidental Benefits From Taking. - The amount of compensation to which the owners and other...

Section 18-1A-172 - Fair Market Value Defined. - The fair market value as used in this chapter shall...

Section 18-1A-173 - Effect of Condemnation Action on Value; Valuation of Second Taking; Decrease in Value Due to Owner's Neglect. - (a) The fair market value of the property does not...

Section 18-1A-174 - Highest and Best Use, a Jury Issue. - Anything in this article to the contrary notwithstanding, the highest...

Article 11 - Evidence in Condemnation Actions.

Section 18-1A-190 - Scope of Article. - (a) Actions under this chapter are governed by the rules...

Section 18-1A-191 - View of the Property Taken. - (a) Upon motion of a party or its own motion,...

Section 18-1A-192 - Opinion Evidence as to Value. - (a) Upon proper foundation, opinion evidence as to the value...

Section 18-1A-193 - Evidence Supporting Opinion as to Value. - For the purpose of supporting an opinion as to the...

Section 18-1A-194 - Evidence Supporting Opinion as to Remainder Value in Partial Taking. - For the purpose of supporting an opinion as to the...

Section 18-1A-195 - Opinion of Owner as to Value. - The owner may consider any nonconjectural matters in forming his...

Section 18-1A-197 - Factors Upon Which Opinion as to Value May Not Be Based. - Notwithstanding the provisions of Sections 18-1A-192 to 18-1A-196(5), the following...

Section 18-1A-196 - Basis for Opinion as to Value. - As a basis for an opinion as to value, a...

Article 12 - Judgment and Postjudgment Procedure.

Section 18-1A-210 - Contents of Judgment. - The judgment shall: (1) Describe the property condemned and declare...

Section 18-1A-211 - Interest on Compensation Awarded. - (a) Except as provided in subsection (b), the judgment shall...

Section 18-1A-212 - Crediting Amounts Paid or Withdrawn From Deposited Funds. - (a) The judgment shall credit against the total amount awarded...

Section 18-1A-213 - Performance of Work to Reduce Amount of Award. - (a) If the probate court finds that the plaintiff and...

Section 18-1A-214 - Payment of Judgment by Plaintiff; Deduction of Taxes From Award. - (a) Within the time prescribed by Section 18-1A-290, the plaintiff...

Section 18-1A-215 - Effect of Failure to Pay Judgment. - (a) If the plaintiff fails to make full payment of...

Section 18-1A-216 - Payment After Judgment From Funds Deposited With Court. - After the entry of the judgment of condemnation, the defendant...

Article 13 - Dismissal and Abandonment.

Section 18-1A-230 - Involuntary Dismissal. - On motion of the defendant, the court shall dismiss the...

Section 18-1A-231 - Voluntary Dismissal. - The court may dismiss the action in whole or in...

Section 18-1A-232 - Award of Litigation Expenses. - (a) The court shall award the defendant his litigation expenses,...

Section 18-1A-233 - Restitution of Property and Damages. - If the action is dismissed for any reason, and the...

Article 15 - Arbitration of Compensation.

Section 18-1A-250 - Arbitration of Compensation Authorized; Noncompliance With Articles 2 and 3. - (a) A condemnor and a condemnee or two or more...

Section 18-1A-251 - Enforceability of Agreement. - Except as specifically provided in this article, an agreement to...

Section 18-1A-252 - When Agreement May Be Made; Effect on Right to Commence Condemnation Action. - An arbitration agreement under this article may be made and...

Section 18-1A-253 - Effect of Pending Condemnation Action. - If a condemnation action has been commenced and is pending...

Section 18-1A-254 - Absence of Concurrent Condemnation Action. - In the absence of a pending condemnation action relating to...

Section 18-1A-255 - Arbitration Procedure. - Unless the arbitration agreement provides otherwise, the conduct of the...

Section 18-1A-256 - Abandonment of Acquisition. - (a) Subject to the requirements of subsection (b), an arbitration...

Section 18-1A-257 - Recordation of Agreement. - (a) An agreement under this article, or a memorandum summarizing...

Article 16 - Miscellaneous.

Section 18-1A-270 - Application to Probate Court for Order of Condemnation; Bond or Security and Affidavit Not Required of State or Counties; Authority From Governor to Bring Suit. - The State of Alabama, or any county, municipality, the University...

Section 18-1A-271 - Acquisition of Lands, etc., for State Prison System. - The Governor may cause proceedings to be instituted in the...

Section 18-1A-272 - Acquisition of Easements for Connecting Lines by Foreign Telegraph or Telephone Companies. - A telegraph or telephone company, incorporated under the laws of...

Section 18-1A-274 - Acquisition of Lands, etc., for Viaducts and Subways by Railroad Companies, etc., Within Municipalities. - Railroad companies and street railway companies may jointly or severally...

Section 18-1A-273 - Acquisition of Easements for Crossings by Railroads, Etc. - Any corporation, person, or association of persons owning a railroad...

Section 18-1A-275 - Guardian Ad Litem for Infants or Incompetents. - If the owner of the lands or other party interested...

Section 18-1A-276 - Hearing; Order Granting or Refusing Complaint. - The probate court shall conduct a hearing within 45 days...

Section 18-1A-277 - Hearing to Be Conducted as in Civil Cases. - The hearing provided for in this chapter must in all...

Section 18-1A-278 - Who May Appear at Proceedings and Trials. - Any person interested in the proceeding may be present in...

Section 18-1A-279 - Commissioners - Appointment; Qualifications; Certificate; Vacancies. - If the complaint be granted, in whole or in part,...

Section 18-1A-280 - Commissioners - Service of Notice of Appointment. - When the probate court shall have appointed the commissioners as...

Section 18-1A-281 - Commissioners - Assessment of Damages and Compensation; View; Hearing. - The commissioners thus appointed, or a majority of them, shall...

Section 18-1A-282 - Commissioners to Report Assessment; Issuance of Order of Condemnation Upon Deposit in Court or Payment of Damages, etc., Assessed; Notice of Order. - The commissioners must, within 20 days from their appointment, make...

Section 18-1A-283 - Appeal From Order of Condemnation. - Any of the parties may appeal from the order of...

Section 18-1A-284 - Judgment Not Suspended by Appeal if Damages Paid Into Probate Court and Bond Given. - No appeal shall suspend the judgment or deprive the applicant...

Section 18-1A-285 - Separate Bonds Required in Case of Joint Appeals. - In case more than one party appeals or appeal is...

Section 18-1A-286 - Appeal to Circuit Court Upon Denial of Application by Probate Court. - If the probate court refuses to grant the application, the...

Section 18-1A-287 - Order of Condemnation on Appeal. - Upon the payment of the damages so assessed to the...

Section 18-1A-288 - Appeal From Final Judgment of Circuit Court. - After entry of final judgment in the circuit court, any...

Section 18-1A-289 - Effect of Order of Condemnation; Right of Entry, etc., Pending Appeal Upon Deposit of Damages, Compensation, and Costs; Effect of Appeal Upon Condemnation Order. - The order of condemnation, upon the payment of the sum...

Section 18-1A-290 - Time for Payment of Damages and Compensation; Effect of Failure to Pay Damages. - The condemnor may pay the damages and compensation assessed at...

Section 18-1A-291 - Distribution of Award - Filing of Claims by Owners or Parties; Determination of Claims by Probate Court. - Any one of the owners or parties alleged in the...

Section 18-1A-292 - Distribution of Award - Proceedings When Claims Not Filed and Court Doubtful as to Proper Distribution; Assertion of Adverse Claim or Title Involving Determination of Title to Land. - The probate court may, in the event no such claims...

Section 18-1A-293 - Costs. - The costs of the complaint and proceedings thereunder up to...

Section 18-1A-294 - Probate Court Deemed Open at All Times. - The court of probate must be deemed always open for...

Section 18-1A-295 - Use of Condemnation Proceedings by Institutions of Higher Learning. - (a) Whenever any institution of higher learning created by legislative...

Article 17 - Effective Date and Repealer.

Section 18-1A-310 - Inconsistent Provisions in Other Laws Superseded. - Insofar as the provisions of this chapter are inconsistent with...

Section 18-1A-311 - Application. - (a) Articles 1 through 5 of this chapter apply only...

Chapter 1B - Limitation on Condemnation of Property by State, County, or Municipality.

Section 18-1B-1 - Statement of Legislative Intent. - In light of the decision and certain opinions recently announced...

Section 18-1B-2 - Limitations on Condemnation. - (a) Neither the State of Alabama, nor any of its...

Section 18-1B-3 - Condemnation of Property Encumbered by Mortgage or Deed of Trust. - Nothing in Act 2015-39 shall be construed to limit the...

Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators.

Section 18-2-1 - Right of Property Owner to Erect Dam. - A dam for any gristmill, sawmill, gin, factory or plant...

Section 18-2-2 - Application to Probate Court. - For authority to erect such dam, application in writing, verified...

Section 18-2-3 - Contents of Application. - Such application must set forth the right of the applicant...

Section 18-2-4 - Notice to Owner of Land on Opposite Side of Stream Abutting Proposed Dam Site. - If application is filed by the owner of the land...

Section 18-2-5 - Issuance of Writ Upon Filing of Application. - On the filing of such application, the judge of probate...

Section 18-2-6 - Sheriff and Jury to Appear on Date Designated for Inquest; Charge to and Duties of Jury Generally. - The sheriff and the jury must attend on the day...

Section 18-2-7 - Jury to Assess Value, etc., of One Acre of Land on Opposite Side of Stream Abutting Proposed Dam Site Where Applicant Not Owner of Land on Both Sides. - If the applicant is not the owner of the land...

Section 18-2-8 - Inquest of Jury to Be Executed, Signed and Returned. - The inquest of the jury must be reduced to writing,...

Section 18-2-9 - Summons to Landowners to Appear and Show Cause Against Grant of Application. - On the return of the inquest, summons must issue from...

Section 18-2-10 - Notice of Hearing to Show Cause Against Grant of Application. - Ten days' notice must be given to the several owners...

Section 18-2-11 - Persons Permitted to Contest Application. - In all applications under this chapter, any person making affidavit...

Section 18-2-12 - Denial or Grant of Application. - If on the day appointed to show cause, or any...

Section 18-2-13 - Time for Payment of Assessment Upon Grant of Application; Effect of Failure to Make Payment. - If the application is granted, the applicant must, within three...

Section 18-2-14 - Estate in Fee in Acre of Land to Vest Upon Compliance With Certain Conditions. - On making such payment, the applicant is vested with a...

Section 18-2-15 - Effect of Noncompliance With Conditions. - On failure to comply with the conditions prescribed in Section...

Section 18-2-16 - Proceedings When Construction of Canal or Ditch Through Adjoining Lands Necessary. - When such land joins other lands and it is necessary...

Section 18-2-17 - Application to Probate Court to Raise Dam. - An owner or proprietor of any dam erected under this...

Section 18-2-18 - Liability for Building or Raising Dam Without Authority. - Any person who builds or raises a dam or other...

Section 18-2-19 - Appeal From Assessment of Damages to Circuit Court. - From any assessment of damages made or had under this...

Section 18-2-20 - Deputy May Perform Duties of Sheriff. - The duties imposed on the sheriff under this chapter may...

Section 18-2-21 - Provisions as to Rate of Toll, etc., Applicable to Gristmills Established Pursuant to Chapter. - All gristmills established in pursuance of this chapter are subject...

Chapter 3 - Acquisition of Rights-of-Way by Private Parties.

Article 1 - Right-of-Way to Public Road or Highway.

Section 18-3-1 - Acquisition; Width. - The owner of any tract or body of land, no...

Section 18-3-2 - Right-of-Way Through Yard, Garden, Orchard, etc.; Payment of Compensation and Damages for Right-of-Way. - In the establishment and condemnation of such right-of-way, no road...

Section 18-3-3 - Application to Probate Court. - The right conferred by this article shall be exercised by...

Article 2 - Right-of-Way to Certain Cemeteries or Graveyards.

Section 18-3-20 - Acquisition; Width. - Where a cemetery or graveyard has been used by the...

Section 18-3-21 - Right-of-Way Through Yard, Garden, Orchard, etc.; Payment of Compensation and Damages for Right-of-Way. - In the establishment and condemnation of such right-of-way, no road...

Section 18-3-22 - Application to Probate Court. - The right conferred by this article shall be exercised by...

Chapter 4 - Relocation Assistance and Real Property Acquisition.

Section 18-4-1 - Short Title. - This chapter may be cited as the Alabama Relocation Assistance...

Section 18-4-2 - Definitions. - As used in this chapter, the following terms shall have...

Section 18-4-3 - Legislative Intent. - (a) The Legislature declares that this chapter shall be applicable...

Section 18-4-4 - Payment of Relocation Expenses. - (a) Whenever the acquisition of real property for a program...

Section 18-4-5 - Additional Payments - Dwelling Occupied at Least 180 Days. - (a) In addition to payments otherwise authorized by this chapter,...

Section 18-4-6 - Additional Payments - Dwelling Occupied at Least 90 Days. - (a) In addition to amounts otherwise authorized by this chapter,...

Section 18-4-7 - Relocation Assistance Advisory Programs. - (a) Programs or projects undertaken by a state agency shall...

Section 18-4-8 - Administration of Programs. - In order to prevent unnecessary expense and duplication of functions,...

Section 18-4-9 - Use of Funds. - Funds appropriated or otherwise available to any state agency for...

Section 18-4-10 - Displaced Person. - A displaced person who moves from his or her dwelling...

Section 18-4-11 - Payments Not Treated as Income. - No payment received by a displaced person under this chapter...

Section 18-4-12 - Availability of Replacement Housing. - (a) If a project cannot proceed to actual construction because...

Section 18-4-13 - Adjustment of Monetary Limits. - The monetary limits provided in Sections 18-4-4, 18-4-5, and 18-4-6...

Section 18-4-14 - Procedure for Acquiring Real Property. - Whenever real property is acquired by a state agency in...

Section 18-4-15 - Reimbursement of Recording Fees, Transfer Taxes, Etc. - Any state agency requiring real property in connection with any...

Section 18-4-16 - Expenses Incurred From Condemnation Proceedings. - Where a condemnation proceeding is instituted by a state agency...

Section 18-4-17 - Expenses Incurred From Declaratory Judgment Proceedings. - Where a declaratory judgment proceeding is instituted by the owner...

Section 18-4-18 - Interest in Improvements on Acquired Real Property. - (a) To the greatest extent practicable, where an interest in...

Section 18-4-19 - Rules and Regulations. - All state agencies may promulgate rules and regulations as necessary...

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Code of Alabama Title 18 - Eminent Domain.

Code of Alabama
Title 18 - Eminent Domain.