Alabama Eminent Domain Code
Alabama · Eminent Domain · §§ 18-1A-1 to 18-1A-95 · 106 sections
Overview
This act governs the procedure by which a condemning authority takes private property through eminent domain and by which the compensation owed to the owner is determined and paid. It establishes the mechanics of the condemnation case itself — an appraisal and an offer to purchase at the full appraised value, discovery and pretrial conferences, trial by jury with defined burdens and order of proof, standards for valuing a whole or partial taking around fair market value and highest and best use, and detailed rules on who may give opinion evidence of value and what that opinion may and may not rest on. It also handles the money and the aftermath: deposits held by the court and their withdrawal, investment and interest, credits for sums already paid, the consequences of failing to pay a judgment, voluntary and involuntary dismissal, restitution and damages, litigation expenses, and notice terminating the owner's occupancy.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 12 court decisions.
Most-cited authority: 990 So. 2d 831 - Alabama Dept. of Transp. v. Harbert Intern., Inc.
Sections covered
- Ala. Code § 18-1A-1Short Title.1 cite
- Ala. Code § 18-1A-110Motion for Withdrawal of Deposited Funds Before Judgment.
- Ala. Code § 18-1A-111Investment of Deposit; Allocation of Interest.
- Ala. Code § 18-1A-130Discovery and Pretrial Conferences.
- Ala. Code § 18-1A-131Admissibility of Evidence; Permissible Basis for Witness’ Opinion.
- Ala. Code § 18-1A-150Setting for Trial; Separate Trial of Nonjury Issues.
- Ala. Code § 18-1A-151Demand for Trial by Jury; Waiver; Procedure for Jury Selection, Etc.1 cite
- Ala. Code § 18-1A-152Order of Arguments and Presentation of Evidence.
- Ala. Code § 18-1A-153Burden of Proof.
- Ala. Code § 18-1A-154Separation of Issues of Compensation and Apportionment.
- Ala. Code § 18-1A-170Compensation Standards; Valuation in Case of Partial Taking.1 cite
- Ala. Code § 18-1A-171Reduction of Compensation Award Because of Incidental Benefits from Taking.
- Ala. Code § 18-1A-172Fair Market Value Defined.
- Ala. Code § 18-1A-173Effect of Condemnation Action on Value; Valuation of Second Taking; Decrease in Value Due to Owner’s Neglect.
- Ala. Code § 18-1A-174Highest and Best Use, a Jury Issue.
- Ala. Code § 18-1A-190Scope of Article.
- Ala. Code § 18-1A-191View of the Property Taken.
- Ala. Code § 18-1A-192Opinion Evidence as to Value.
- Ala. Code § 18-1A-193Evidence Supporting Opinion as to Value.
- Ala. Code § 18-1A-194Evidence Supporting Opinion as to Remainder Value in Partial Taking.
- Ala. Code § 18-1A-195Opinion of Owner as to Value.
- Ala. Code § 18-1A-196Basis for Opinion as to Value.
- Ala. Code § 18-1A-197Factors Upon Which Opinion as to Value May Not Be Based.
- Ala. Code § 18-1A-2Scope of Chapter.
- Ala. Code § 18-1A-20Application of Article.
- Ala. Code § 18-1A-21Appraisal.
- Ala. Code § 18-1A-210Contents of Judgment.
- Ala. Code § 18-1A-211Interest on Compensation Awarded.1 cite
- Ala. Code § 18-1A-212Crediting Amounts Paid or Withdrawn from Deposited Funds.
- Ala. Code § 18-1A-213Performance of Work to Reduce Amount of Award.
- Ala. Code § 18-1A-214Payment of Judgment by Plaintiff; Deduction of Taxes from Award.
- Ala. Code § 18-1A-215Effect of Failure to Pay Judgment.
- Ala. Code § 18-1A-216Payment After Judgment from Funds Deposited with Court.
- Ala. Code § 18-1A-22Offer to Purchase at Full Appraised Value; Amount of Compensation; Written Statement and Summary; Waiver Valuation.
- Ala. Code § 18-1A-23Payment or Deposit Before Surrender of Possession.
- Ala. Code § 18-1A-230Involuntary Dismissal.
- Ala. Code § 18-1A-231Voluntary Dismissal.
- Ala. Code § 18-1A-232Award of Litigation Expenses.
- Ala. Code § 18-1A-233Restitution of Property and Damages.
- Ala. Code § 18-1A-24Notice to Terminate Occupancy.
- Ala. Code § 18-1A-25Rental to Former Owner or Tenant After Property Acquired.
- Ala. Code § 18-1A-250Arbitration of Compensation Authorized; Noncompliance with Articles 2 and 3.
- Ala. Code § 18-1A-251Enforceability of Agreement.
- Ala. Code § 18-1A-252When Agreement May Be Made; Effect on Right to Commence Condemnation Action.
- Ala. Code § 18-1A-253Effect of Pending Condemnation Action.
- Ala. Code § 18-1A-254Absence of Concurrent Condemnation Action.
- Ala. Code § 18-1A-255Arbitration Procedure.
- Ala. Code § 18-1A-256Abandonment of Acquisition.
- Ala. Code § 18-1A-257Recordation of Agreement.
- Ala. Code § 18-1A-26Coercive Action Forbidden.
- Ala. Code § 18-1A-27Offer to Acquire Uneconomic Remnant.
- Ala. Code § 18-1A-270Application to Probate Court for Order of Condemnation; Bond or Security and Affidavit Not Required of State or Counties; Authority from Governor to Bring Suit.
- Ala. Code § 18-1A-271Acquisition of Lands, Etc., for State Prison System.
- Ala. Code § 18-1A-272Acquisition of Easements for Connecting Lines by Foreign Telegraph or Telephone Companies.
- Ala. Code § 18-1A-273Acquisition of Easements for Crossings by Railroads, Etc.
- Ala. Code § 18-1A-274Acquisition of Lands, Etc., for Viaducts and Subways by Railroad Companies, Etc., Within Municipalities.
- Ala. Code § 18-1A-275Guardian Ad Litem for Infants or Incompetents.
- Ala. Code § 18-1A-276Hearing; Order Granting or Refusing Complaint.
- Ala. Code § 18-1A-277Hearing to Be Conducted as in Civil Cases.
- Ala. Code § 18-1A-278Who May Appear at Proceedings and Trials.
- Ala. Code § 18-1A-279Commissioners - Appointment; Qualifications; Certificate; Vacancies.
- Ala. Code § 18-1A-28Acquisition of Improvements to Be Removed or Adversely Affected.
- Ala. Code § 18-1A-280Commissioners - Service of Notice of Appointment.
- Ala. Code § 18-1A-281Commissioners - Assessment of Damages and Compensation; View; Hearing.
- Ala. Code § 18-1A-282Commissioners to Report Assessment; Issuance of Order of Condemnation Upon Deposit in Court or Payment of Damages, Etc., Assessed; Notice of Order.
- Ala. Code § 18-1A-283Appeal from Order of Condemnation.2 cites
- Ala. Code § 18-1A-284Judgment Not Suspended by Appeal If Damages Paid into Probate Court and Bond Given.
- Ala. Code § 18-1A-285Separate Bonds Required in Case of Joint Appeals.
- Ala. Code § 18-1A-286Appeal to Circuit Court Upon Denial of Application by Probate Court.
- Ala. Code § 18-1A-287Order of Condemnation on Appeal.
- Ala. Code § 18-1A-288Appeal from Final Judgment of Circuit Court.1 cite
- Ala. Code § 18-1A-289Effect of Order of Condemnation; Right of Entry, Etc., Pending Appeal Upon Deposit of Damages, Compensation, and Costs; Effect of Appeal Upon Condemnation Order.
- Ala. Code § 18-1A-29Compensation for Tenant-Owned Improvements.
- Ala. Code § 18-1A-290Time for Payment of Damages and Compensation; Effect of Failure to Pay Damages.
- Ala. Code § 18-1A-291Distribution of Award - Filing of Claims by Owners or Parties; Determination of Claims by Probate Court.
- Ala. Code § 18-1A-292Distribution 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.
- Ala. Code § 18-1A-293Costs.
- Ala. Code § 18-1A-294Probate Court Deemed Open at All Times.
- Ala. Code § 18-1A-295Use of Condemnation Proceedings by Institutions of Higher Learning.
- Ala. Code § 18-1A-3Definitions.1 cite
- Ala. Code § 18-1A-30Expenses Incidental to Transfer of Title; Interest on Award.
- Ala. Code § 18-1A-31Waiver of Failure to Comply with Sections 18-1A-20 through 18-1A-30.
- Ala. Code § 18-1A-310Inconsistent Provisions in Other Laws Superseded.
- Ala. Code § 18-1A-311Application.
- Ala. Code § 18-1A-32Condemnation Action Required; Inverse Condemnation.3 cites
- Ala. Code § 18-1A-33Noncompliance with Article Does Not Affect Validity of Condemnor’s Interest; Construction of Article with Federal Law as to Financial Assistance.
- Ala. Code § 18-1A-4Compromise or Settlement Between Parties.
- Ala. Code § 18-1A-5Compliance with Requirements for Federal Financial Assistance.
- Ala. Code § 18-1A-50Entry Upon Property for Suitability Studies.
- Ala. Code § 18-1A-51Court Order Permitting Entry.
- Ala. Code § 18-1A-52Bond for Damages Caused by Entry.
- Ala. Code § 18-1A-53Modification of Court Order Permitting Entry.
- Ala. Code § 18-1A-54Proceeding or Action to Recover Damages Caused by Entry; Payment of Damages.
- Ala. Code § 18-1A-55Offer to Purchase as Prerequisite to Condemnation Action.
- Ala. Code § 18-1A-70Procedure Generally.
- Ala. Code § 18-1A-71Commencement of Condemnation Action; Venue.
- Ala. Code § 18-1A-72Contents of Complaint; Property Already Subject to Public Use; Easement to Cross Line of Another Railroad; Map or Diagram to Accompany Complaint.
- Ala. Code § 18-1A-73Joinder of Lands in Same County in Same Complaint; Separate Hearing for Each Owner.
- Ala. Code § 18-1A-74Service of Process.
- Ala. Code § 18-1A-75Recording Notice of Pending Action; Amendment of Complaint After Notice Filed; Notice of Dismissal.
- Ala. Code § 18-1A-90When Answer Required; Disclaimer Where No Interest Claimed.1 cite
- Ala. Code § 18-1A-91Contents of Answer; Preliminary Objections.
- Ala. Code § 18-1A-92Disclaimer.
- Ala. Code § 18-1A-93Hearing on Preliminary Objections.
- Ala. Code § 18-1A-94Burden of Proof at Hearing on Preliminary Objections.
- Ala. Code § 18-1A-95Disposition of Preliminary Objections; Award of Litigation Expenses to Defendant.
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