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Article 1 - General Provisions and Definitions.
Section 18-1A-1 - Short Title. - This chapter may be cited as the "Alabama Eminent Domain...
Section 18-1A-2 - Scope of Chapter. - (a) This chapter provides standards for the acquisition of property...
Section 18-1A-3 - Definitions. - As used in this chapter, the following terms shall have...
Section 18-1A-4 - Compromise or Settlement Between Parties. - At any time before or after commencement of an action,...
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...