Ala. Code § 18-4-16 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-16
Section 18-4-16 Expenses Incurred from Condemnation Proceedings
Status: in_force

Where a condemnation proceeding is instituted by a state agency to acquire real property and the final judgment is that the real property cannot be acquired by condemnation, and the proceeding is abandoned, the owner of any right, title, or interest in real property shall be paid a sum that shall, in the opinion of the court, reimburse the owner for his or her reasonable costs, disbursements, and expenses including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings. The award of the sums will be paid by the state agency which sought to condemn the property.
Ala. Code § 18-4-6 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-6
Section 18-4-6 Additional Payments - Dwelling Occupied at Least 90 Days
Status: in_force

(a) In addition to amounts otherwise authorized by this chapter, a state agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under Section 18-4-5 which dwelling was actually and lawfully occupied by the displaced person for not less than 90 days immediately prior to the initiation of negotiations for acquisition of the dwelling, or in any case in which displacement is not a direct result of acquisition, or other event as the agency shall prescribe. The payment shall consist of the amount necessary to enable a displaced person to lease or rent, for a period not to exceed 42 months, a comparable replacement dwelling, but not to exceed five thousand two hundred fifty dollars ($5,250).

(b) Any displaced person eligible for a payment under subsection (a) may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any person may, at the discretion of the state agency, be eligible under this subsection for the maximum payment allowed under subsection (a) except that in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment the person would otherwise have received under Section 18-4-5 had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of the negotiations.
Ala. Code § 18-1A-254 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-254
Section 18-1A-254 Absence of Concurrent Condemnation Action
Status: in_force

In the absence of a pending condemnation action relating to the property, a petition, motion, or other proceeding initiated in connection with arbitration pursuant to an agreement under this article shall be filed in and determined by a court that would have both jurisdiction and proper venue of the condemnation action if it had been commenced immediately prior thereto. Unless the agreement for arbitration otherwise provides, the total or apportioned amounts of compensation as determined by the arbitration award and confirmed by the court shall be entered as a judgment with the same effect and subject to the same terms and conditions as a judgment of condemnation of the property.
Ala. Code § 18-4-7 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-7
Section 18-4-7 Relocation Assistance Advisory Programs
Status: in_force

(a) Programs or projects undertaken by a state agency shall be planned in a manner that recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, and provides for the resolution of the problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.

(b) The agency shall ensure that the relocation assistance advisory services described in subsection (c) are made available to all persons displaced by the agency. If the state agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer the person relocation advisory services under the program.

(c) Each relocation assistance advisory program required by subsections (a) and (b) shall include measures, facilities, or services necessary or appropriate in order to do the following:

(1) Determine, and make timely recommendations on, the need and preferences, if any, of displaced persons, for relocation assistance.

(2) Assure that, within a reasonable period of time, prior to displacement there will be available a comparable replacement dwelling.

(3) Supply information concerning federal and state housing programs, disaster loan programs, and other federal or state programs offering assistance to displaced persons.

(4) Provide other advisory services to displaced persons in order to minimize hardships to the person in adjusting to relocation.

(d) The heads of state agencies shall coordinate relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of relocation assistance programs.
Ala. Code § 18-1A-20 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-20
Section 18-1A-20 Application of Article
Status: in_force

(a) In order to encourage and expedite the acquisition of property by agreement, to avoid litigation and relieve congestion in the courts, to assure consistent treatment of owners, and to promote public confidence in practices and procedures relating to the acquisition of property for public use, a condemnor, when acquiring property, shall comply with applicable provisions of Sections 18-1A-21 through 18-1A-30.

(b) Sections 18-1A-21 through 18-1A-30 apply to the purchase and acquisition of materials, supplies, equipment, or other personal property only if the condemnor determines to exercise its power of eminent domain with respect to that property or by reason of the exercise of such power substantially damages the same.

(c) Sections 18-1A-21 through 18-1A-30 shall not apply to the purchase of lands under Chapter 3 of this title.
Ala. Code § 18-1A-131 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-131
Section 18-1A-131 Admissibility of Evidence; Permissible Basis for Witness’ Opinion
Status: in_force

This article does not make admissible any evidence not otherwise admissible nor permit a witness to base an opinion on any matter not a legally proper basis for the opinion.
Ala. Code § 18-1A-50 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-50
Section 18-1A-50 Entry Upon Property for Suitability Studies
Status: in_force

(a) A condemnor and its agents and employees may enter upon real property for a reasonable time and make surveys, examinations, photographs, tests, soundings, borings, and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use, if the entry is:

(1) Preceded by reasonable efforts to notify the owner, and any other person known to be in actual physical occupancy of the property, of the time, purpose, and scope of the planned entry and activities;

(2) Undertaken during reasonable daylight hours and for reasonable times;

(3) Accomplished peaceably and without inflicting substantial injury; and

(4) Not in violation of any other statute.

(b) The entry and activities authorized by this section do not constitute a trespass or constitute grounds for an inverse condemnation action, but the condemnor is liable under Sections 18-1A-52 and 18-1A-54 for resulting damages.
Ala. Code § 18-2-4 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-4
Section 18-2-4 Notice to Owner of Land on Opposite Side of Stream Abutting Proposed Dam Site
Status: in_force

If application is filed by the owner of the land on one side of a stream only, notice must be given to the owner of the land on the opposite side by serving him in the same manner as is provided for service of owners in Section 18-1-8, and if the owner be a minor or person of unsound mind, a guardian ad litem must be appointed as provided in Section 18-1A-275.
Ala. Code § 18-2-5 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-5
Section 18-2-5 Issuance of Writ Upon Filing of Application
Status: in_force

On the filing of such application, the judge of probate must issue to the sheriff a writ, setting forth the substantial averments contained in the application, the name of the applicant and the place where it is proposed to erect the dam and commanding the sheriff to summon seven disinterested freeholders of the county to meet at the place where the dam is to be erected, on a day to be specified in the writ, not less than 15 nor more than 30 days after the filing of the application, and then and there to inquire touching the matter contained therein.
Ala. Code § 18-1A-216 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-216
Section 18-1A-216 Payment After Judgment from Funds Deposited with Court
Status: in_force

After the entry of the judgment of condemnation, the defendant by motion may withdraw the amount of the condemnor’s approved offer. The motion shall specify the applicant’s property for which the deposit was made and request leave to withdraw such amount from the funds on deposit.
Ala. Code § 18-1A-295 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-295
Section 18-1A-295 Use of Condemnation Proceedings by Institutions of Higher Learning
Status: in_force

(a) Whenever any institution of higher learning created by legislative act or by the state constitution and whose governing boards’ powers are derived by state statute or from the constitution needs any land or interest therein near the campus of the institution for its educational purposes and the owner thereof is a minor or an insane person, or refuses to sell the land to the state for use of the institution, or will not agree with the board of trustees or the president on a price therefor, the trustees are hereby authorized to institute in the probate court of the county in which the land is located proceedings in the name of the state, to condemn such land, which proceedings shall be conducted as nearly as possible in accordance with the provisions of Chapters 1 and 1A of Title 18. It shall be the duty of the trustees to pay out of the funds of the institution all costs of every condemnation proceeding instituted by them under the power hereby conferred.

(b) This section shall be supplemental to all other laws of this state relating to the acquisition of property and to the exercise of the power of eminent domain. In the event of conflict between this section and any other law relating to acquisition of property and the power of eminent domain, the provisions of this section shall prevail.
Ala. Code § 18-1A-154 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-154
Section 18-1A-154 Separation of Issues of Compensation and Apportionment
Status: in_force

The circuit court or jury shall first determine the total compensation as between the plaintiff and all defendants claiming an interest in the property. The circuit court shall determine the apportionment of the amount awarded in a subsequent proceeding. After the amount of compensation has been determined, the plaintiff may withdraw from further participation in the trial.
Ala. Code § 18-1A-27 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-27
Section 18-1A-27 Offer to Acquire Uneconomic Remnant
Status: in_force

(a) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer to acquire the remnant concurrently and may acquire it by purchase or by condemnation if the owner consents.

(b) “Uneconomic remnant” as used in this section means a remainder following a partial taking of property, of such size, shape, or condition as to be of little value or that gives rise to a substantial risk that the condemnor will be required to pay in compensation for the part taken an amount substantially equivalent to the amount that would be required to be paid if it and the remainder were taken as a whole.
Ala. Code § 18-4-13 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-13
Section 18-4-13 Adjustment of Monetary Limits
Status: in_force

The monetary limits provided in Sections 18-4-4, 18-4-5, and 18-4-6 shall be adjusted to conform to future revisions of corresponding monetary benefits under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
Ala. Code § 18-1A-214 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-214
Section 18-1A-214 Payment of Judgment by Plaintiff; Deduction of Taxes from Award
Status: in_force

(a) Within the time prescribed by Section 18-1A-290, the plaintiff shall pay the full amount required by the judgment after crediting all amounts withdrawn by the defendant from funds on deposit. The court for good cause may extend the time within which payment must be made for an additional period not exceeding 30 additional days.

(b) Payment may be made by the plaintiff by paying money personally to the defendant, or to the legal representative of the defendant, taking a receipt therefor and filing a copy with the court; or by depositing the amount of the award with the probate court for the defendant. By making a deposit under this section the plaintiff does not waive its right to review.

(c) Within 30 days after a deposit of the award under subsection (b), the court shall give written notice by first class mail to each defendant whose address is known and for whom a disclaimer is not on file and who has not received personal payment in full.

(d) Before final distribution of the condemnation award, the tax collector shall file a disclaimer or an itemized statement of any taxes claimed to be due which shall be deducted from the award and paid to the tax collector before distribution to the owners, unless the taxes claimed are disputed, in which event, all taxes disputed must be promptly determined by the circuit court.
Ala. Code § 18-1A-210 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-210
Section 18-1A-210 Contents of Judgment
Status: in_force

The judgment shall:

(1) Describe the property condemned and declare the right of the plaintiff to take it by eminent domain;

(2) Recite the amount of compensation and damages, if any, and declare that title to the property will be transferred to the plaintiff after the plaintiff has paid to the defendant, or to the court for the benefit of the defendant, the amount awarded.
Ala. Code § 18-1A-25 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-25
Section 18-1A-25 Rental to Former Owner or Tenant After Property Acquired
Status: in_force

If a condemnor, after acquiring property, rents all or part of the property to the former owner or tenant for a short term or for a period subject to termination by the condemnor on short notice, the amount of rent charged may not exceed the fair rental value of this property.
Ala. Code § 18-1A-111 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-111
Section 18-1A-111 Investment of Deposit; Allocation of Interest
Status: in_force

Upon motion of a party at any time after a deposit has been made, the court shall direct that the money not withdrawn be invested in certificates of deposit of federal and state banks and savings and loan associations, or in treasury bills, notes, or obligations of the federal government or any agency thereof, subject to reasonable terms and conditions. Interest earned or other increments derived from the investment shall be allocated, credited, and disbursed between the parties pro rata, in relation to the final award.
Ala. Code § 18-1A-276 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-276
Section 18-1A-276 Hearing; Order Granting or Refusing Complaint
Status: in_force

The probate court shall conduct a hearing within 45 days after the filing of the complaint at which, on the day appointed, or any other day to which the hearing may be continued when necessary to provide reasonable notice or for other compelling reasons, the probate court must hear the allegations of the complaint, any objections which may be filed to the granting thereof, and any legal evidence touching the same and, within 10 days after the hearing, shall make an order granting or refusing the complaint.
Ala. Code § 18-1A-194 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-194
Section 18-1A-194 Evidence Supporting Opinion as to Remainder Value in Partial Taking
Status: in_force

For the purpose of supporting an opinion as to the value of a remainder after a partial taking, evidence may be received relating but not limited to the following factors:

(1) Extent of increase or decrease in the productivity and convenience of use of the remainder reasonably attributable to the taking;

(2) Extent of improvement in or impairment of access to the public highways from the remainder upon completion of the project;

(3) Extent of benefit or detriment caused by the project due to a change in grade within a right-of-way abutting the remainder;

(4) Extent of enhancement or damage as a consequence of the project;

(5) Extent of benefit or damage resulting from severance of land or improvements;

(6) Extent of benefit or damage resulting from the distance or proximity of the remainder, or improvements on the remainder, to the project in view of its character and probable use; and

(7) Cost of fencing not provided by the plaintiff and reasonably necessary to separate the land taken from the remainder.
Ala. Code § 18-1A-287 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-287
Section 18-1A-287 Order of Condemnation on Appeal
Status: in_force

Upon the payment of the damages so assessed to the owner or other party interested therein and the payment of costs of suit into circuit court, or upon the payment of the damages and costs of suit into circuit court, the circuit court shall make an order of condemnation in accordance with the application upon the trial in the circuit court to which the appeal is taken.
Ala. Code § 18-1A-90 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-90
Section 18-1A-90 When Answer Required; Disclaimer Where No Interest Claimed
Status: in_force

The defendant may respond by answer but is not required to do so unless defendant challenges the right to condemn or questions or disputes the area to be acquired or remain. If a defendant claims no interest in the just compensation to be awarded he may file a disclaimer.
Ala. Code § 18-4-15 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-15
Section 18-4-15 Reimbursement of Recording Fees, Transfer Taxes, Etc
Status: in_force

Any state agency requiring real property in connection with any program or project shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the state agency deems fair and reasonable, for expenses he or she necessarily incurred for recording fees, transfer taxes, expenses incidental to conveying the real property to the state agency, penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering the real property, the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the state agency, or the effective date of possession of the real property by the state agency, whichever is the earlier.
Ala. Code § 18-1A-51 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-51
Section 18-1A-51 Court Order Permitting Entry
Status: in_force

(a) If reasonable efforts to accomplish a lawful entry or to perform authorized activities upon real property under Section 18-1A-50 have been obstructed or denied or would be futile, the condemnor may apply to the circuit court in the county where the property or any part is located for an order permitting entry.

(b) Unless after notice good cause to the contrary is shown, the circuit court shall make its order permitting and describing the purpose of the entry and setting forth the nature and scope of activities the circuit court determines are reasonably necessary and authorized to be made upon the property. In addition to requiring a deposit under Section 18-1A-52, the order may include terms and conditions with respect to the time, place, and manner of entry and authorized activities upon the property which will facilitate the purpose of the entry and minimize damage, hardship, and burden.
Ala. Code § 18-2-14 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-14
Section 18-2-14 Estate in Fee in Acre of Land to Vest Upon Compliance with Certain Conditions
Status: in_force

On making such payment, the applicant is vested with a qualified estate in fee to the acre of land located and circumscribed by the jury, such estate to become absolute on performance of the following conditions: (1) That the dam or mill, gin or factory be commenced within one year and finished within three years from the date of the grant. (2) That whenever the dam or mill, gin or factory is destroyed or materially impaired, the same must be rebuilt or repaired within three years thereafter. But if the owner of such dam is an infant or person of unsound mind, he is allowed the same length of time, after the removal of such disability, to commence, finish, repair or rebuild.
Ala. Code § 18-1A-256 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-256
Section 18-1A-256 Abandonment of Acquisition
Status: in_force

(a) Subject to the requirements of subsection (b), an arbitration under this article may specify the terms and conditions, if any, under which the condemnor may abandon acquisition of the property.

(b) Unless the arbitration agreement expressly waives the property owner’s right to reimbursement, in the event of abandonment of acquisition after an arbitration agreement has been entered into, he is entitled to recover from the condemnor:

(1) The same litigation expenses that would be recoverable upon dismissal of an action for the acquisition of the property; and

(2) All other expenses, not included in recoverable litigation expenses, reasonably and necessarily incurred by him in preparation for and in participating in the arbitration and in judicial proceedings in connection with the arbitration, including reasonable attorney, appraisal, and engineering fees.

(c) If abandonment of acquisition occurs after the rendition of an award in the arbitration proceedings, the amount of the expenses payable under this section shall be determined as an additional issue in the arbitration, unless the arbitration agreement expressly provides otherwise. If the abandonment occurs before the rendition of the award, the amount shall be determined by the court in a condemnation action, if one is commenced, or in any independent action brought against the condemnor.
Ala. Code § 18-1A-174 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-174
Section 18-1A-174 Highest and Best Use, a Jury Issue
Status: in_force

Anything in this article to the contrary notwithstanding, the highest and best use of the property sought to be acquired shall be determined by a jury, if a trial by jury has been demanded.
Ala. Code § 18-1A-289 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-289
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
Status: in_force

The order of condemnation, upon the payment of the sum ascertained and assessed by the verdict of the circuit court, or the bond thereof in the circuit court for the defendant, shall vest in the applicant the property or property right proposed to be acquired for the uses and purposes stated in the application and for no other uses or purposes. But if an appeal shall be taken by any party, then the person, corporation or association seeking to acquire such property or property right, upon the deposit in the circuit court for the party whose land or interest therein is sought to be condemned of the amount of damages and compensation so assessed, together with the costs of the proceeding, shall be entitled to enter upon the lands so condemned and to survey, construct, and operate on the same for the uses and purposes stated in the application, but such property or property right shall not vest absolutely in such person, corporation, or association until the final determination of the cause and the payment or deposit in circuit court of such damages and compensation as shall then be adjudged.
Ala. Code § 18-1A-72 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-72
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
Status: in_force

(a) In addition to other allegations required or permitted by law, the complaint shall:

(1) Designate as a plaintiff each person on whose behalf the property is sought to be taken;

(2) Name as defendants all persons who to the plaintiff’s knowledge are owners of or who have or claim any interest in the property sought to be taken; specify the nature of each defendant’s interest. Defendants whose names are not known may be included under the designation “unknown claimants” provided reasonable diligence has been used to ascertain the same, and where the interest of the defendant is unknown the complaint may so state;

(3) Contain a legal description of the property and of the interest therein sought to be taken;

(4) Allege the basis of the plaintiff’s right to take the property by eminent domain and maintain the action, including (i) a reference to the plaintiff’s legal authority to take the property; and (ii) a statement of the purpose for which the property is sought to be taken; and

(5) List all items which the condemnor proposes to acquire and which it deems to be equipment or fixtures attached to or a part of the realty.

(b) If the property sought to be condemned or any portion thereof or interest therein has already been subjected to or devoted to a public use, such land or portion thereof or interest therein shall not be taken for another and different character of public use, unless an actual necessity for the specific land or portion thereof or interest therein shall be alleged and proven and unless it be alleged and proven that such other and different character of public use will not materially interfere with the public use to which such property is already subjected or devoted.

(c) Any corporation, person or association of persons owning a railroad or street railroad in this state and proposing to cross or intersect the line of another railroad or street railroad may acquire an easement for such purpose and to that end may pursue the mode of proceeding prescribed in this chapter.

(d) For purposes of information and notice, the complaint shall be accompanied by a map or diagram portraying the property sought to be taken and the remainder, if any.
Ala. Code § 18-4-12 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-12
Section 18-4-12 Availability of Replacement Housing
Status: in_force

(a) If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and it is determined by the acquiring agency that housing cannot otherwise be made available to the displaced person, the agency may take action necessary or appropriate to provide housing by use of funds authorized for the project.

(b) No displaced person shall be required to move from his or her dwelling on account of any project, unless the agency head is satisfied that replacement housing, in accordance with subdivision (2) of subsection (c) of Section 18-4-7, is available to the person.
Ala. Code § 18-3-21 — Alabama Code / Title 18 / Chapter 3 / Section 18-3-21
Section 18-3-21 Right-of-Way through Yard, Garden, Orchard, Etc.; Payment of Compensation and Damages for Right-of-Way
Status: in_force

In the establishment and condemnation of such right-of-way, no road or right-of-way shall be established through any person’s yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner; and the applicant must pay the owner for the value of the land taken and compensation for damage to the land, through which said right-of-way is established, resulting from the establishment of such road or right-of-way.
Ala. Code § 18-1A-3 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-3
Section 18-1A-3 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) ACTION. Condemnation action.

(2) APPRAISAL. An opinion as to the value of or compensation payable for property, prepared by the owner or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of property.

(3) BUSINESS. A lawful activity, whether or not for profit, other than a farm operation, conducted primarily for the purchase, sale, lease, rental, manufacture, processing, or marketing of products, commodities, or other property, or for providing services.

(4) CONDEMN. To take property under the power of eminent domain.

(5) CONDEMNATION ACTION. Includes all acts incident to the process of condemning property after commencement of suit until the entry of final judgment.

(6) CONDEMNEE. A person who has or claims an interest in property that is the subject of a prospective or pending condemnation action.

(7) CONDEMNOR. A person empowered to condemn.

(8) CROPS. Any form of vegetation intended to be removed and used or sold for commercial purposes, including grass, flowers, fruits, vegetables, trees, vines, and nursery stock.

(9) FARM OPERATION. Any activity conducted primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing those products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.

(10) IMPROVEMENT. Includes any building or structure and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or improvement.

(11) LIEN. A security interest in property arising from contract, mortgage, deed of trust, statute, common law, equity, or creditor action.

(12) LITIGATION EXPENSES. The sum of the costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, necessary to prepare for anticipated or participation in actual probate or circuit court proceedings.

(13) LOCAL PUBLIC ENTITY. A public entity other than the state.

(14) PERSON. Includes a natural individual, partnership, corporation, association, other legal or fiduciary entity, and a public entity.

(15) PERSONAL PROPERTY. Any property other than real property which is affixed or directly related to the real property proposed to be acquired.

(16) PROPERTY. An interest in real or personal property under the law of this state.

(17) REAL PROPERTY. Land and any improvements upon or connected with land; and includes an easement, servitude, or other interest therein.

(18) WORK. Includes construction, alteration, repair, remodeling, excavation, demolition, rehabilitation, relocation, and landscaping.

(19) VALUATION DATE. Shall be the date on which the application for order of condemnation is filed in the probate court or the date of taking of or damage to property by the condemnor, whichever date first occurs.

(20) WAIVER VALUATION. The valuation process utilized and the product produced by the state or a political subdivision thereof, in lieu of an appraisal, to acquire real property as specifically authorized by Section 18-1A-22.
Ala. Code § 18-1A-21 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-21
Section 18-1A-21 Appraisal
Status: in_force

Before commencing a condemnation action, the condemnor shall cause the property to be appraised to determine the amount that would constitute just compensation for its taking. The owner or his representative shall be given a reasonable opportunity to accompany the appraiser during the inspection of the property.
Ala. Code § 18-2-13 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-13
Section 18-2-13 Time for Payment of Assessment Upon Grant of Application; Effect of Failure to Make Payment
Status: in_force

If the application is granted, the applicant must, within three months thereafter, pay to the several owners or to the judge of probate for their use, the sums severally assessed, and a failure to make payment within such time operates as a revocation of the grant.
Ala. Code § 18-2-2 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-2
Section 18-2-2 Application to Probate Court
Status: in_force

For authority to erect such dam, application in writing, verified by affidavit, must be made to the probate court of the county in which it is proposed to erect the mill, gin, factory or electric light plant, if by the owner of the land on both sides of the stream or if by the owner of the land on one side only, to the court of probate of the county in which the land on the opposite side of the stream, abutting the proposed site of the dam, lies.
Ala. Code § 18-3-22 — Alabama Code / Title 18 / Chapter 3 / Section 18-3-22
Section 18-3-22 Application to Probate Court
Status: in_force

The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1A of this title.
Ala. Code § 18-1A-28 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-28
Section 18-1A-28 Acquisition of Improvements to Be Removed or Adversely Affected
Status: in_force

A condemnor that acquires any interest in real property shall also acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property acquired, which the condemnor requires to be destroyed or removed or which will be adversely affected by the use to which the real property will be put.
Ala. Code § 18-1A-32 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-32
Section 18-1A-32 Condemnation Action Required; Inverse Condemnation
Status: in_force

(a) If property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condemnor shall commence a condemnation action for that purpose. A condemnor shall not intentionally make it necessary for an owner of property to commence an action, including an action in inverse condemnation, to prove the fact of the taking of his property.

(b) The judgment and any settlement in an inverse condemnation action awarding or allowing compensation to the plaintiff for the taking or damaging of property by a condemnor shall include the plaintiff’s litigation expenses.
Ala. Code § 18-1A-257 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-257
Section 18-1A-257 Recordation of Agreement
Status: in_force

(a) An agreement under this article, or a memorandum summarizing its terms and describing the subject property, after being executed and acknowledged by the parties, may be recorded, or rerecorded, in the same manner and with the same effect as a conveyance of real property.

(b) The record of the agreement or summary of agreement ceases to be notice to any person for any purpose after two years following the date of recordation or rerecordation under subsection (a).
Ala. Code § 18-3-3 — Alabama Code / Title 18 / Chapter 3 / Section 18-3-3
Section 18-3-3 Application to Probate Court
Status: in_force

The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1 of this title.
Ala. Code § 18-1A-271 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-271
Section 18-1A-271 Acquisition of Lands, Etc., for State Prison System
Status: in_force

The Governor may cause proceedings to be instituted in the name of the State of Alabama for the acquirement by condemnation of any lands, rights-of-way or material needed for the use of the penitentiary, or the maintenance or operation of the prison system of the state, the purchase of which may be authorized by law. Such proceedings must be had in the probate court of the county in which such lands or other property, or a material part thereof, may be situated, and prosecuted in the name of the State of Alabama in accordance with the provisions of this chapter providing for the condemnation of lands for the public uses so far as the same may be applicable; except, that the application need not be certified, nor shall security for costs be required of the state.
Ala. Code § 18-2-15 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-15
Section 18-2-15 Effect of Noncompliance with Conditions
Status: in_force

On failure to comply with the conditions prescribed in Section 18-2-14, the land reverts to its former owner or his heirs.
Ala. Code § 18-1A-284 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-284
Section 18-1A-284 Judgment Not Suspended by Appeal If Damages Paid into Probate Court and Bond Given
Status: in_force

No appeal shall suspend the judgment or deprive the applicant of the right of entry, provided the amount of the damages assessed for the parties who appeal or against whom an appeal is taken shall have been paid into probate court in money and a bond shall have been given in double the amount of such damage, with good and sufficient surety, to pay such damages as the property owners may sustain. Said amount of damages may be paid into probate court and said bond in double the amount of such damage, with good and sufficient surety, may be given at the time of taking the appeal or at any time thereafter that the applicant may desire the right of entry pending the appeal.
Ala. Code § 18-1A-292 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-292
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
Status: in_force

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.
Ala. Code § 18-1A-33 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-33
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
Status: in_force

(a) A failure to satisfy the requirements or limitations of Sections 18-1A-20 through 18-1A-32 does not affect the validity of the condemnor’s interest in any property which it acquires by purchase or condemnation.

(b) This article shall be construed to be consistent with the requirements of federal law governing financial assistance for any project or purpose.
Ala. Code § 18-1A-215 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-215
Section 18-1A-215 Effect of Failure to Pay Judgment
Status: in_force

(a) If the plaintiff fails to make full payment of the judgment, or of the full amount awarded for any separate item or parcel of property described therein, within the time allowed under Section 18-1A-214, the defendant may treat the failure to make payment as an abandonment of the condemnation action with respect to the property for which payment has not been made, and may move to vacate the judgment and for a dismissal under Section 18-1A-230.

(b) In determining questions arising under subsection (a), the circuit court may make appropriate orders to adjust the rights of the parties, including orders with respect to the possession and use of the property and the performance of any work thereon, and may award damages, interest, and costs to the defendant as justice requires.
Ala. Code § 18-1A-192 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-192
Section 18-1A-192 Opinion Evidence as to Value
Status: in_force

(a) Upon proper foundation, opinion evidence as to the value of property may be given in evidence only by one or more of the following persons:

(1) A witness qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the property;

(2) An owner of the property; or

(3) A shareholder, officer, or regular employee designated to testify on behalf of an owner of the property, if the owner is not a natural person.

(b) This section does not preclude the admissibility of other evidence explaining or enabling the trier of fact to understand and weigh any opinion testimony given under subsection (a).
Ala. Code § 18-1A-73 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-73
Section 18-1A-73 Joinder of Lands in Same County in Same Complaint; Separate Hearing for Each Owner
Status: in_force

(a) Where there are several tracts of land lying within one county of which portions are proposed to be taken, or in which an interest or easement is proposed to be acquired, the plaintiff may join them all in separate paragraphs in the same complaint.

(b) If there are several distinct tracts of land owned, claimed, or held by different persons embraced in the complaint, the owners of each tract or other party interested therein may have a separate hearing as to the right to condemn their lands, and the probate court may, if it finds that the application should be granted as to some and not as to other of the owners or other parties, make and enter its decree accordingly.
Ala. Code § 18-1A-293 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-293
Section 18-1A-293 Costs
Status: in_force

The costs of the complaint and proceedings thereunder up to and through the entry of final judgment, including the compensation of commissioners, must be adjudged and assessed against the plaintiff and its surety for costs for which execution may issue. The commissioner’s fees in every case shall be set and determined by the probate judge and entered by separate order by the probate judge.
Ala. Code § 18-1A-151 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-151
Section 18-1A-151 Demand for Trial by Jury; Waiver; Procedure for Jury Selection, Etc
Status: in_force

(a) In the circuit court the amount of compensation and any additional issue for which the right to trial by jury is secured by the Constitution shall be determined by a jury only if a party entitled to participate in the trial of the issue expressly demands trial by jury. The circuit court shall determine all other issues without a jury.

(b) The number of jurors, method used for impanelling and selecting jurors, number and method for exercising challenges, form of oath to be administered, number of jurors required to return a verdict, and all other procedures relating to trial by jury, to the extent practicable, shall conform to the requirements applicable in civil actions under the Alabama Rules of Civil Procedure.
Ala. Code § 18-1A-193 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-193
Section 18-1A-193 Evidence Supporting Opinion as to Value
Status: in_force

For the purpose of supporting an opinion as to the value of property, evidence may be received relating but not limited to the following factors:

(1) Extent of loss of property and improvement;

(2) Present use of the property, and the highest and best use for which it is reasonably suitable and available in the reasonably foreseeable future;

(3) Extent of loss of a legal nonconforming use;

(4) Extent of damage to crops; and

(5) Existing zoning or other restrictions upon use, and the reasonable probability of a change in those restrictions.
Ala. Code § 18-1A-250 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-250
Section 18-1A-250 Arbitration of Compensation Authorized; Noncompliance with Articles 2 and 3
Status: in_force

(a) A condemnor and a condemnee or two or more condemnees may enter into and comply with the terms of an agreement in conformity with this article for the arbitration of any issue relating to the amount or the apportionment of compensation for the taking of property.

(b) An agreement to arbitrate does not constitute and shall not be construed as a waiver of or excuse for noncompliance with any requirement of Article 2 or 3 relating to the acquisition of property except to the extent expressly provided in the agreement.
Ala. Code § 18-1A-281 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-281
Section 18-1A-281 Commissioners - Assessment of Damages and Compensation; View; Hearing
Status: in_force

The commissioners thus appointed, or a majority of them, shall assess separately the damages and compensation to which the several owners and other parties interested in each of the several tracts of land are entitled, and they shall be sworn as jurors are sworn. The commissioners may view the lands to be subjected and must hold a hearing after notice to all parties to receive all legal evidence offered by any party touching the amount of damages the owners of the lands and other parties interested therein will sustain and the amount of compensation they are entitled to receive.
Ala. Code § 18-3-1 — Alabama Code / Title 18 / Chapter 3 / Section 18-3-1
Section 18-3-1 Acquisition; Width
Status: in_force

The owner of any tract or body of land, no part of which tract or body of land is adjacent or contiguous to any public road or highway, shall have and may acquire a convenient right-of-way, not exceeding in width 30 feet, over the lands intervening and lying between such tract or body of land and the public road nearest or most convenient thereto provided written approval is obtained from the municipal government and the planning board of such municipality.
Ala. Code § 18-1A-272 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-272
Section 18-1A-272 Acquisition of Easements for Connecting Lines by Foreign Telegraph or Telephone Companies
Status: in_force

A telegraph or telephone company, incorporated under the laws of another state, proposing to extend connecting lines into this state, may acquire an easement for the uses and purposes of such connecting lines and may pursue the mode of proceeding prescribed in this chapter.
Ala. Code § 18-1A-277 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-277
Section 18-1A-277 Hearing to Be Conducted as in Civil Cases
Status: in_force

The hearing provided for in this chapter must in all respects be conducted and evidence taken as in civil cases at law, except as otherwise provided in this chapter.
Ala. Code § 18-1A-251 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-251
Section 18-1A-251 Enforceability of Agreement
Status: in_force

Except as specifically provided in this article, an agreement to arbitrate under Section 18-1A-250 has the same effect, and an arbitration thereunder may be conducted, and the award may be judicially confirmed, in conformity with the same procedures, as in other arbitrations under the law of this state. To the extent that this article and any agreement in conformity with it are inconsistent with any other law, this article prevails.
Ala. Code § 18-1A-153 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-153
Section 18-1A-153 Burden of Proof
Status: in_force

No party has the burden of proof on the issue of the amount of compensation.
Ala. Code § 18-1A-270 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-270
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
Status: in_force

The State of Alabama, or any county, municipality, the University of Alabama, Auburn University, the University of Montevallo or any corporation organized under the laws of this state, or any person or association of persons, proposing to take lands, or to acquire an interest or easement therein, for any uses for which private property may be taken, may, if there be no other mode of proceeding prescribed by law, apply to the probate court of the county in which such lands, or a material portion thereof, may be situate, for an order of condemnation thereof to such uses. The state or any county may institute and maintain the proceedings herein authorized, in its own name, without giving bond or security or causing affidavit to be made, though the same may be required if the action were between private citizens. The written direction of the Governor to the attorney of record is a sufficient authority for bringing the suit.
Ala. Code § 18-1A-279 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-279
Section 18-1A-279 Commissioners - Appointment; Qualifications; Certificate; Vacancies
Status: in_force

If the complaint be granted, in whole or in part, within 10 days after the complaint is granted, the judge of probate must appoint three citizens of the county in which the lands sought to be condemned are situated, who shall possess the qualifications of jurors, who shall be disinterested, and who shall file a certificate along with their award that neither of them had ever been consulted, advised with, or approached by any person in reference to the value of the lands or the proceedings to condemn the same prior to the assessment of damages and that they knew nothing of the same prior to their appointment. The judge of probate may fill any vacancy occasioned by death, failure to act, or any disqualification of any such commissioners from interest, prior knowledge of the subject matter or being consulted with, advised with, or approached in reference to the condemnation of such lands prior to appointment or assessment of the damages.
Ala. Code § 18-2-11 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-11
Section 18-2-11 Persons Permitted to Contest Application
Status: in_force

In all applications under this chapter, any person making affidavit that he is interested against the same and giving security for the costs, if he fails to defeat such application, must, at any time before such application is granted, be permitted to make himself a party and to contest the application.
Ala. Code § 18-1A-92 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-92
Section 18-1A-92 Disclaimer
Status: in_force

(a) A disclaimer need not be in any particular form, shall be signed by the defendant or his attorney, and shall contain a statement that the defendant claims no interest in the property that is the subject of the action or in the compensation that may be awarded.

(b) A disclaimer may be filed at any time and supersedes any answer previously filed by him.

(c) Subject to subsection (d), a defendant who has filed a disclaimer has no right to notice of, or to participate in, any further proceedings, or to share in any award of compensation or damages, unless an amendment subsequent to the application is filed by the condemnor which involves an interest of the party who has filed the disclaimer, in which event, the party shall have notice of the amendment and the same rights as if no disclaimer had been filed.

(d) The probate court may implement the disclaimer by appropriate orders.
Ala. Code § 18-1A-211 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-211
Section 18-1A-211 Interest on Compensation Awarded
Status: in_force

(a) Except as provided in subsection (b), the judgment shall include interest at a rate equal to the most recent weekly average one-year constant maturity yield, as published by the Board of Governors of the Federal Reserve System, upon the unpaid portion of the compensation awarded. The interest shall commence to accrue on the date of entry of the judgment.

(b) Except as provided by Section 18-1A-111, the judgment may not include any interest upon the amount represented by funds deposited into probate court by the plaintiff for the period after the date of deposit.
Ala. Code § 18-1A-22 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-22
Section 18-1A-22 Offer to Purchase at Full Appraised Value; Amount of Compensation; Written Statement and Summary; Waiver Valuation
Status: in_force

(a)(1) Before commencing a condemnation action, the condemnor shall establish an amount based on an appraisal, except as otherwise provided in subsection (e), which it believes to be just compensation therefor and promptly shall submit to the owner an offer to acquire the property for the full amount so established.

(2) The amount may not be less than the condemnor’s established amount of just compensation for the property.

(b) In a total taking, the condemnor shall disregard any decrease or increase in the fair market value of the property caused by the project for which the property is to be acquired or by the reasonable likelihood that the property will be acquired for that project, other than normal depreciation.

(c)(1) The amount of compensation to which the owners and other parties interested therein are entitled may not be reduced or diminished because of any incidental benefits which may accrue to them or to their remaining lands in consequence of the uses to which the lands to be taken or in which the easement is to be acquired will be appropriated.

(2) In the condemnation of lands for ways and rights-of-way for public highways or water or sewer lines, the commissioners, in fixing the amount of compensation to be awarded the owner for lands taken for this use, may take into consideration the value of the enhancement to the remaining lands of the owner that the highway or water or sewer lines may cause.

(3) In proceedings instituted by water conservancy districts and water management districts, benefits accruing to the landowner from an improvement may be considered and allowed as a setoff against the damages to be awarded, but benefits derived from improvements other than the improvement for which the land is condemned may not be considered.

(d)(1) The condemnor shall provide the owner of the property with a written statement and summary, showing the basis for the amount it established as just compensation for the property.

(2) If appropriate, the compensation for the property to be acquired and for the damages to remaining property shall be separately stated.

(e)(1) The state or a political subdivision thereof may use a waiver valuation, in lieu of an appraisal, to acquire real property if either of the following apply:

a. The owner of the real property to be acquired is donating the property and releases the state or a political subdivision thereof from its obligation to appraise the property.

b. The state or a political subdivision thereof, with the written consent of the owner of the real property to be acquired, determines that an appraisal is unnecessary and the anticipated value of the proposed acquisition, based upon a review of available valuation data, is equal to or less than the amount provided for in 49 CFR §24.102(c)(2)(ii), or the appropriate replacement federal regulation.

(2) When an appraisal is determined to be unnecessary pursuant to this subsection, the state or a political subdivision thereof shall prepare the waiver valuation. The person preparing the waiver valuation shall make his or her determination based on the available evidence of the value of the real property in the local real estate market.
Ala. Code § 18-2-18 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-18
Section 18-2-18 Liability for Building or Raising Dam Without Authority
Status: in_force

Any person who builds or raises a dam or other obstruction across any watercourse, except as authorized by law, and thereby works any injury to any other person, by overflowing his land or in any other way, is liable to such person for double damages for such injury; and he may, if the same is a nuisance to the neighborhood, be prosecuted therefor.
Ala. Code § 18-1A-275 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-275
Section 18-1A-275 Guardian Ad Litem for Infants or Incompetents
Status: in_force

If the owner of the lands or other party interested therein is an infant or is of unsound mind, the probate court, on the day appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian so appointed must file a written acceptance of the appointment, must appear and protect the rights and interests of such infant or person of unsound mind, and, if he deems it necessary, may employ counsel to assist him. The compensation of such guardian and of his counsel must be ascertained by the probate court and taxed as costs of the proceedings.
Ala. Code § 18-1A-310 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-310
Section 18-1A-310 Inconsistent Provisions in Other Laws Superseded
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general or special, the provisions of this chapter shall be controlling.
Ala. Code § 18-1A-172 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-172
Section 18-1A-172 Fair Market Value Defined
Status: in_force

The fair market value as used in this chapter shall be defined as the price the property would bring when offered for sale by a willing seller who is not forced to sell and which is sought by a willing buyer who is not required to buy, after due consideration of all the elements affecting value.
Ala. Code § 18-2-19 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-19
Section 18-2-19 Appeal from Assessment of Damages to Circuit Court
Status: in_force

From any assessment of damages made or had under this chapter, the landowner, if dissatisfied, is entitled to an appeal, as matter of right, to the circuit court of the county, and on such an appeal to a trial de novo by jury, such appeal to be taken within 20 days after the application is granted, on giving security for the costs of the appeal, to be approved by the judge of probate. Upon the giving of such security, the judge of probate must file in the office of the clerk of the circuit court a full and complete transcript of all the proceedings, including the inquest of the jury, within 10 days after such appeal is taken.
Ala. Code § 18-3-20 — Alabama Code / Title 18 / Chapter 3 / Section 18-3-20
Section 18-3-20 Acquisition; Width
Status: in_force

Where a cemetery or graveyard has been used by the public as a place for burying the dead for 20 years or more and no part of said cemetery or graveyard is adjacent or contiguous to any public road or highway, any person who has, or any persons who have, relatives or relations buried in said cemetery or graveyard shall have the right to acquire and may acquire a convenient right-of-way, not exceeding in width 15 feet, over the lands intervening and lying between such cemetery or graveyard or body of land on which the same is situated and the public road or highway nearest or most convenient thereto.
Ala. Code § 18-1A-74 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-74
Section 18-1A-74 Service of Process
Status: in_force

(a) On the filing of the complaint, the probate court must enter an order appointing a day for the hearing thereof and must issue to the defendants a copy of the complaint and notice of the day set for the hearing unless such notice is waived.

(b) Service upon a defendant of the notice with a copy of the complaint may be made in accordance with Rule 4 of the Alabama Rules of Civil Procedure.
Ala. Code § 18-1A-278 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-278
Section 18-1A-278 Who May Appear at Proceedings and Trials
Status: in_force

Any person interested in the proceeding may be present in person or by attorney at any of the proceedings or trials provided for in this chapter.
Ala. Code § 18-2-10 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-10
Section 18-2-10 Notice of Hearing to Show Cause Against Grant of Application
Status: in_force

Ten days’ notice must be given to the several owners of such land to show cause, if any they have, against such application, by personal service, if to be found in the county, or if not, by posting up a copy of such notice at a conspicuous place on the several tracts of the owners who cannot be so found.
Ala. Code § 18-2-20 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-20
Section 18-2-20 Deputy May Perform Duties of Sheriff
Status: in_force

The duties imposed on the sheriff under this chapter may be performed by a deputy.
Ala. Code § 18-1A-93 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-93
Section 18-1A-93 Hearing on Preliminary Objections
Status: in_force

Preliminary objections shall be heard and determined by the probate court on the court’s own motion, or on notice and motion by a party, before final determination of the amount of just compensation. The probate court may consolidate for hearing all preliminary objections asserted in separate actions pending in that court to take properties for the same use.
Ala. Code § 18-1A-95 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-95
Section 18-1A-95 Disposition of Preliminary Objections; Award of Litigation Expenses to Defendant
Status: in_force

(a) If the probate court determines that a preliminary objection is meritorious, the court shall make an appropriate order including:

(1) Dismissal of the action, in whole or in part, if the plaintiff is not authorized to take the property, or some part thereof, or the acts or omissions constituting the basis for the objection will necessarily inflict irreparable injury upon the defendant;

(2) Conditional dismissal, in whole or in part, unless, within a specified period, the plaintiff takes corrective or remedial action prescribed in the order, including, if appropriate, the adoption of a new or amended condemnation authorization; or

(3) Any other disposition required by the circumstances.

(b) In addition to other requirements of an order sustaining a preliminary objection or determining that the failure or omission constituting the basis of the objection was reasonably excusable, the probate court in the interest of justice may require the plaintiff to pay to the defendant all or part of his litigation expenses incurred because of the plaintiff’s failure or omission constituting the basis of the objection. An award of litigation expenses shall be included in the order if the probate court finds that the plaintiff acted or failed to act without justification.
Ala. Code § 18-1A-290 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-290
Section 18-1A-290 Time for Payment of Damages and Compensation; Effect of Failure to Pay Damages
Status: in_force

The condemnor may pay the damages and compensation assessed at any time within 90 days after the assessment thereof, or, in case an appeal is taken, within 60 days after the appeal is determined, but if he fails to pay the same within such time, such assessment shall cease to be binding on the owner of the lands or other party interested therein, and the rights of the plaintiff thereunder shall cease to be binding and the complaint shall be dismissed, and, upon such dismissal, the plaintiff shall be liable to the owner or other party as provided in Article 13 for all damages the latter may have sustained by the institution of such proceedings, including a reasonable attorney’s fee for defending the same.
Ala. Code § 18-1A-231 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-231
Section 18-1A-231 Voluntary Dismissal
Status: in_force

The court may dismiss the action in whole or in part upon motion of the plaintiff at any time prior to payment of the judgment. In its order of dismissal, the court may impose any conditions that are just and equitable, including a requirement of restitution of property or money.
Ala. Code § 18-1A-55 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-55
Section 18-1A-55 Offer to Purchase as Prerequisite to Condemnation Action
Status: in_force

An action to condemn property may not be maintained over timely objection by the owner unless the condemnor has offered to acquire the property on the basis of its approved offer by purchase before commencing the action.
Ala. Code § 18-1A-91 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-91
Section 18-1A-91 Contents of Answer; Preliminary Objections
Status: in_force

(a) In addition to other matters required or permitted by law, a defendant may state in an answer:

(1) The nature and extent of the interest claimed by him in the property sought to be taken; and

(2) The nature of and basis for any preliminary objections.

(b) The preliminary objections may include any available ground for objecting to the maintenance of the action, including the grounds that:

(1) The plaintiff is not lawfully entitled to take the defendant’s property for the purpose described in the complaint;

(2) A mandatory condition precedent to the commencement or maintenance of the action has not been satisfied; and

(3) The probate court lacks jurisdiction of the defendant or of the subject matter, or is not the proper venue, or the complaint or any other procedural aspect of the action is defective, insufficient, or improper.
Ala. Code § 18-1A-130 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-130
Section 18-1A-130 Discovery and Pretrial Conferences
Status: in_force

Discovery and pretrial conferences in condemnation actions in the circuit court are governed by the Alabama Rules of Civil Procedure.

Nothing in this section shall be construed to enable any party to obtain a written valuation report of the other party.
Ala. Code § 18-4-2 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-2
Section 18-4-2 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings:

(1) COMPARABLE REPLACEMENT DWELLING. Any dwelling that is decent, safe, and sanitary; adequate in size to accommodate the occupants; within the financial means of the displaced person; functionally equivalent; in an area not subject to unreasonable adverse environmental conditions; and in a location generally not less desirable than the location of the dwelling of a displaced person with respect to public utilities, facilities, services, and the place of employment of a displaced person.

(2) DISPLACED PERSON.

a. Any person who moves from a dwelling on real property or moves his or her personal property from a dwelling on real property as a direct result of a written notice of intent to acquire or the acquisition of the real property, in whole or in part, for any program or project undertaken by a state agency, or other displacing activity as the state agency may prescribe, under a program or project undertaken by the state agency in any case in which the state agency determines that the displacement is permanent.

b. The term “displaced person” does not include a person who has been determined, according to criteria established by the state agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied the dwelling for the purpose of obtaining assistance under this chapter, or in any case which the state agency acquires property for a program or project, any person, other than a person who was an occupant of the property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.

(3) MORTGAGE. The classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured by the mortgage.

(4) PERSON. An individual, partnership, corporation, or association.

(5) STATE AGENCY. Any permanent or temporary state office, department, division or unit, bureau, board, commission, authority, institution, state college or university, or other unit of state government, whether executive, legislative, or judicial, which has the authority to acquire property by eminent domain under state law and which carries out projects with federal or state financial assistance that cause people to be displaced, but shall not include any unit of local government.
Ala. Code § 18-1A-1 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-1
Section 18-1A-1 Short Title
Status: in_force

This chapter may be cited as the “Alabama Eminent Domain Code.”
Ala. Code § 18-2-6 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-6
Section 18-2-6 Sheriff and Jury to Appear on Date Designated for Inquest; Charge to and Duties of Jury Generally
Status: in_force

The sheriff and the jury must attend on the day appointed, and after the jury are sworn by the sheriff to discharge their duties fairly and to the best of their ability, they must be charged by him:

(1) To examine the land above and below belonging to others, which may probably be overflowed or injured, and to ascertain and assess the damages resulting from the erection of such dam to the several owners of such lands.

(2) To ascertain whether the residence of any of such owners, or the outhouses, inclosures, gardens or orchards thereto immediately belonging will be overflowed.

(3) To ascertain whether the health of the neighborhood will probably be endangered.

(4) To ascertain whether any other mill, gin, factory or waterworks will be overflowed.
Ala. Code § 18-1B-1 — Alabama Code / Title 18 / Chapter 1B / Section 18-1B-1
Section 18-1B-1 Statement of Legislative Intent
Status: in_force

In light of the decision and certain opinions recently announced by the United States Supreme Court interpreting the extent of the power of government to take property for public use as described in the Fifth Amendment to the United States Constitution and providing that individual states may restrict the exercise of that power, the Legislature intends in enacting this chapter and amending Sections 11-47-170 and 11-80-1, to ensure that governmental bodies in Alabama vested with all or any part of the power of eminent domain may not, the aforesaid recent interpretation of the Fifth Amendment to the contrary notwithstanding, use the power to take the private property of any person for the private use of another, as opposed to the use thereof by the public generally, except as and in the limited circumstances set out in this chapter and Sections 11-47-170 and 11-80-1.
Ala. Code § 18-1A-170 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-170
Section 18-1A-170 Compensation Standards; Valuation in Case of Partial Taking
Status: in_force

(a) An owner of property acquired by eminent domain is entitled to compensation determined under the standards prescribed in this article.

(b) If there is a partial taking, the valuation rule is the difference between the fair market value of the entire property before the taking and the fair market value of the remainder after the taking.
Ala. Code § 18-1A-291 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-291
Section 18-1A-291 Distribution of Award - Filing of Claims by Owners or Parties; Determination of Claims by Probate Court
Status: in_force

Any one of the owners or parties alleged in the complaint to own or hold any claim, interest or title in the lands sought to be condemned may, after the granting of the application, file with the probate court his claim for his part or division of the award made by commissioners; and upon the filing of such claim and upon the payment by the plaintiff into probate court of such award, the probate court shall set down for hearing the claim so filed by such party and determine the same. Upon such determination, the probate court shall distribute the funds to each of the parties so entitled thereto in the sum and manner in which the facts disclosed upon the hearing show each of said parties to be so entitled, less all court costs arising from the filing of each such claim.
Ala. Code § 18-1A-232 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-232
Section 18-1A-232 Award of Litigation Expenses
Status: in_force

(a) The court shall award the defendant his litigation expenses, in addition to any other amounts authorized by law, if the action is wholly or partly dismissed for any reason.

(b) If the scope of the property to be taken is reduced as the result of (1) a partial dismissal, (2) a dismissal of one or more plaintiffs, or (3) a final judgment determining that the plaintiff cannot take part of the property originally sought to be taken, the court shall award the defendant the portion of his litigation expenses attributable to the property within the scope of the reduction.

(c) Costs and litigation expenses authorized by this section may be claimed, taxed, and awarded under the same procedures that apply to costs in other civil actions.
Ala. Code § 18-1A-30 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-30
Section 18-1A-30 Expenses Incidental to Transfer of Title; Interest on Award
Status: in_force

(a) As soon as practicable after payment of the purchase price, or payment of, or deposit in probate court, of funds to satisfy the award in a condemnation action, whichever is earlier, the condemnor shall pay, or reimburse the owner for, any reasonable and necessarily incurred expenses for:

(1) Recording fees, transfer taxes, and similar expenses incidental to conveying the property to the condemnor;

(2) Penalty costs for prepayment of any debt secured by a preexisting lien, entered into or created in good faith, encumbering the property; and

(3) The prorated portion of property taxes allocable to a period after the date of vesting of title in, or the effective date of possession of the property by the condemnor, whichever is earlier.

(b) In the event of an appeal to the circuit court, the condemnor shall pay the owner interest upon any part of the award deposited in probate court and not made available to the owner within 40 days of the order of condemnation in the probate court at a rate equal to the rate allowed to be charged on money judgments as set forth in Section 8-8-10 as amended at the date of the final order in the circuit court, with the interest to be computed by the circuit court.
Ala. Code § 18-3-2 — Alabama Code / Title 18 / Chapter 3 / Section 18-3-2
Section 18-3-2 Right-of-Way through Yard, Garden, Orchard, Etc.; Payment of Compensation and Damages for Right-of-Way
Status: in_force

In the establishment and condemnation of such right-of-way, no road or right-of-way shall be established through any person’s yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner; and the applicant must pay the owner for the value of the land taken and compensation for damage to the land, through which said right-of-way is established, resulting from the establishment of such road or right-of-way.
Ala. Code § 18-1A-53 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-53
Section 18-1A-53 Modification of Court Order Permitting Entry
Status: in_force

(a) After notice and hearing, the circuit court may modify an order made under Section 18-1A-51.

(b) If a bond is required or the amount required is increased by an order of modification, the circuit court shall specify the time within which the required bond must be posted, and may direct that any further entry or specified activities or studies under the order as modified be stayed until any required bond has been given.
Ala. Code § 18-1A-150 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-150
Section 18-1A-150 Setting for Trial; Separate Trial of Nonjury Issues
Status: in_force

(a) To the extent practicable, actions under this chapter shall be heard and tried in advance of other civil actions.

(b) The circuit court may require any severable nonjury issue to be tried separately in advance of the trial on the issue of the amount of compensation.
Ala. Code § 18-4-1 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-1
Section 18-4-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Relocation Assistance and Real Property Acquisition Policies Act of 1999.
Ala. Code § 18-1A-173 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-173
Section 18-1A-173 Effect of Condemnation Action on Value; Valuation of Second Taking; Decrease in Value Due to Owner’s Neglect
Status: in_force

(a) The fair market value of the property does not include an increase or decrease in value before the date of valuation that is caused by

(1) The proposed improvement or project for which the property is taken;

(2) The reasonable likelihood that the property would be acquired for that improvement or project; or

(3) The condemnation action in which the property is taken.

(b) If the second taking was within contemplation of the condemnor at the time of the first taking the valuation of the second taking shall exclude any enhancement value arising out of or created by the first taking.

(c) Notwithstanding subsections (a) and (b), a decrease in value before the date of valuation which is caused by physical deterioration of the property within the reasonable control of the property owner, and by his unjustified neglect, may be considered in determining fair market value.
Ala. Code § 18-4-5 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-5
Section 18-4-5 Additional Payments - Dwelling Occupied at Least 180 Days
Status: in_force

(a) In addition to payments otherwise authorized by this chapter, the state agency shall make an additional payment not in excess of twenty-two thousand five hundred dollars ($22,500) to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. The additional payment shall include the following:

(1) The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the state agency, equals the reasonable cost of a comparable replacement dwelling.

(2) The amount, if any, which will compensate a displaced person for any increased interest costs and other debt service costs which the displaced person is required to pay for financing the acquisition of any comparable replacement dwelling. The amount for any increased interest or debt service costs shall be determined in accordance with the criteria established by the state agency. The amount shall be paid only if the dwelling acquired by the state agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling.

(3) Reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.

(b) The additional payment authorized by subsection (a) shall be made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one-year period beginning on the date on which he or she receives final payment of all costs for the acquired dwelling, or the date on which the state agency obligation under Section 18-4-12 is met, whichever is the later date, except that the state agency may extend the period for good cause. If the period is extended, the payment under this section shall be based on the cost of relocating the person to a comparable replacement dwelling within one year of the date.
Ala. Code § 18-4-14 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-14
Section 18-4-14 Procedure for Acquiring Real Property
Status: in_force

Whenever real property is acquired by a state agency in connection with any programs or projects, the acquisition shall be conducted, to the greatest extent practicable, in accordance with the following:

(1) An agency shall make every reasonable effort to acquire, expeditiously, real property by negotiation.

(2) Real property shall be appraised before the initiation of negotiations, and the owner or his or her designated representative shall be given an opportunity to accompany the appraiser during his or her inspection of the property.

(3) Before the initiation of negotiations for real property, the state agency concerned shall establish an amount which it believes to be just compensation for the property and shall make a prompt offer to acquire the property for the full amount established. In no event shall the amount be less than the approved appraisal of the fair market value of the property by the agency. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The agency concerned shall provide the owner of the real property to be acquired with a written statement and summary of the basis for the amount it established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.

(4) No owner shall be required to surrender possession of real property before the state agency pays the agreed purchase price, or deposits with the state court in accordance with applicable law, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property by the agency, or the amount of the award of compensation in the condemnation proceeding for such property.

(5) The construction or development of a public improvement shall be scheduled so that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, if a replacement dwelling will be available, without at least 90 days written notice from the agency concerned of the date by which the move is required.

(6) If the agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term for a period subject to termination by the state agency on a short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.

(7) The agency should either advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.

(8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the agency concerned shall institute formal condemnation proceedings. No agency shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her real property.

(9) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the agency concerned shall offer to acquire the entire property.
Ala. Code § 18-1A-230 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-230
Section 18-1A-230 Involuntary Dismissal
Status: in_force

On motion of the defendant, the court shall dismiss the action in whole or in part, as justice requires, if:

(1) Upon sustaining a preliminary objection to the plaintiff’s complaint, the court determines that a dismissal is required;

(2) The plaintiff has unjustifiably failed to exercise reasonable diligence in prosecuting the action;

(3) The plaintiff has failed to pay the full amount required by the judgment within time allowed.
Ala. Code § 18-2-9 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-9
Section 18-2-9 Summons to Landowners to Appear and Show Cause Against Grant of Application
Status: in_force

On the return of the inquest, summons must issue from the court of probate to the owner of the acre of land, if the same is assessed by the jury, and also the several owners of the land found by the inquest to be liable to damage, to appear before him on a day named in the summons, and show cause, if any they have, why the applicant should not have permission to erect his dam.
Ala. Code § 18-1A-294 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-294
Section 18-1A-294 Probate Court Deemed Open at All Times
Status: in_force

The court of probate must be deemed always open for the filing and trial of all applications made under this chapter.
Ala. Code § 18-1B-3 — Alabama Code / Title 18 / Chapter 1B / Section 18-1B-3
Section 18-1B-3 Condemnation of Property Encumbered by Mortgage or Deed of Trust
Status: in_force

Nothing in Act 2015-39 shall be construed to limit the power of a governmental entity to condemn through powers of eminent domain property that may be encumbered by a mortgage or deed of trust if there is a public use for the property as authorized under Alabama’s constitution and the laws of this state; provided, however, that under no circumstances shall condemnation of a mortgage or deed of trust exclusively be deemed a public use.
Ala. Code § 18-2-17 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-17
Section 18-2-17 Application to Probate Court to Raise Dam
Status: in_force

An owner or proprietor of any dam erected under this chapter may raise the same on application to the court of probate, and on such application, the same proceedings must be had as on the first application.
Ala. Code § 18-1A-253 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-253
Section 18-1A-253 Effect of Pending Condemnation Action
Status: in_force

If a condemnation action has been commenced and is pending between the parties to an arbitration agreement under this article:

(1) A petition, motion, or other proceeding thereafter initiated in connection with the arbitration shall be filed in and determined by the court in the condemnation action;

(2) The court in the condemnation action may stay the determination of an issue of compensation in the action until arbitration pursuant to the agreement has been concluded; and

(3) The total or apportioned amounts of compensation as determined by the arbitration award and confirmed by the court shall be included in the judgment of condemnation as the amount of compensation for the property.
Ala. Code § 18-1A-171 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-171
Section 18-1A-171 Reduction of Compensation Award Because of Incidental Benefits from Taking
Status: in_force

The amount of compensation to which the owners and other parties interested therein are entitled must not be reduced or diminished because of any incidental benefits which may accrue to them or to their remaining lands in consequence of the uses to which the lands to be taken or in which the easement is to be acquired will be appropriated; provided, that in the condemnation of lands for ways and rights-of-way for public highways, water or sewer lines, the commissioners or jury may, in fixing the amount of compensation to be awarded the owner for lands taken for this use, take into consideration the value of the enhancement to the remaining lands of such owner that such highway, water or sewer lines may cause; and provided further, that in proceedings instituted by water conservancy districts and water management districts, benefits accruing to the landowner from an improvement may be considered and allowed as a setoff against the damages to be awarded, but benefits derived from improvements other than the improvement for which the land is condemned cannot be considered; and provided further, that in the condemnation of lands, rights, easements, or interests in land, lying seaward of the construction control line then in effect under the regulations of the Alabama Department of Environmental Management, the ordinances of a coastal municipality, or both, for use by a coastal municipality in the establishment and maintenance of a beach project permitted pursuant to Section 9-15-56, the commissioners or jury, in fixing the amount of compensation to be awarded the owner for the lands, rights, easements, or interests lying seaward of the construction control line taken for such use, shall take into consideration the value of the enhancement to the remaining lands of the owner that the beach project may cause as the result of the placement of sand directly on and directly seaward of the lands, or rights, easements, or interests in land so taken. To the extent, and only to the extent, that sand is placed directly on and directly seaward of the lands, or rights, easements, or interests in land so taken, the commissioners or jury may presume:

(1) That the value of the remaining lands of the owner will exceed the value of all lands, rights, easements, and interests of the owner prior to the taking as a result of the enhancement in value resulting from the beach project.

(2) That the owner has sustained no damage and is entitled to no compensation as a result of the taking.

The presumptions shall be rebutted only by substantial evidence adduced by the owner.
Ala. Code § 18-1A-152 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-152
Section 18-1A-152 Order of Arguments and Presentation of Evidence
Status: in_force

The plaintiff shall make the first opening statement, proceed first in the presentation of evidence on the issues of the amount of compensation, and make the final closing argument.
Ala. Code § 18-2-8 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-8
Section 18-2-8 Inquest of Jury to Be Executed, Signed and Returned
Status: in_force

The inquest of the jury must be reduced to writing, signed by a majority of them and delivered to the sheriff, and by him returned in five days thereafter to the court of probate.
Ala. Code § 18-4-19 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-19
Section 18-4-19 Rules and Regulations
Status: in_force

All state agencies may promulgate rules and regulations as necessary to carry out this chapter.
Ala. Code § 18-1A-286 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-286
Section 18-1A-286 Appeal to Circuit Court Upon Denial of Application by Probate Court
Status: in_force

If the probate court refuses to grant the application, the applicant shall have a right of appeal to the circuit court upon giving security for costs, to be approved by the judge of probate, and upon such appeal the trial shall be de novo. Upon any appeal taken to the circuit court under this section, if such circuit court determines that the application should be granted, it shall immediately proceed either to have the damages and compensation assessed as provided in Section 18-1A-151 or grant the condemnor the right of entry upon deposit of the amount of its approved offer into circuit court together with a bond in double the amount as provided in Section 18-1A-284. In such latter event the valuation issue shall be determined as provided in Section 18-1A-151 as may be set by the circuit court.
Ala. Code § 18-1A-31 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-31
Section 18-1A-31 Waiver of Failure to Comply with Sections 18-1A-20 through 18-1A-30
Status: in_force

If not inconsistent with the requirements of an applicable statute or regulation, a failure to satisfy the requirements or limitations imposed under Sections 18-1A-20 through 18-1A-30, inclusive:

(1) Is waived by the failure of the property owner, in the exercise of reasonable diligence, to object to or seek relief based upon noncompliance; and

(2) May be waived by written agreement between the property owner and the condemnor.
Ala. Code § 18-1A-195 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-195
Section 18-1A-195 Opinion of Owner as to Value
Status: in_force

The owner may consider any nonconjectural matters in forming his opinion as to the fair market value of his property.
Ala. Code § 18-1A-255 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-255
Section 18-1A-255 Arbitration Procedure
Status: in_force

Unless the arbitration agreement provides otherwise, the conduct of the arbitration shall be subject to the following rules:

(1) The locale for the arbitration is the county in which the subject property, or the major portion of that property, is located.

(2) The law of this state relating to the criteria for ascertaining just compensation and damages, and the elements thereof, shall be applied.

(3) The arbitration tribunal shall be the judge of the relevancy and materiality of the evidence offered, and conformity to the legal rules of evidence shall not be required.

(4) The amount of compensation determined by the arbitration award must be within the range of the evidence presented by the parties.

(5) The condemnor shall pay the compensation of and all expenses and fees incurred by the arbitrators.
Ala. Code § 18-1A-70 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-70
Section 18-1A-70 Procedure Generally
Status: in_force

The procedure for condemnation of property under the power of eminent domain is governed by the Alabama Rules of Civil Procedure except as otherwise provided in this chapter. The procedure in the probate courts shall be as provided in this chapter.
Ala. Code § 18-1A-285 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-285
Section 18-1A-285 Separate Bonds Required in Case of Joint Appeals
Status: in_force

In case more than one party appeals or appeal is taken against more than one, there shall be separate bonds given for each tract of land involved, as provided in Section 18-1A-284 to each one so appealing or appealed against.
Ala. Code § 18-4-18 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-18
Section 18-4-18 Interest in Improvements on Acquired Real Property
Status: in_force

(a) To the greatest extent practicable, where an interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from the real property which is determined to be adversely affected by the use to which the real property will be put shall be acquired.

(b) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired as above set forth, the building, structure, or other improvement shall be deemed to be a part of real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of his or her term, and the fair market value which the building, structure, or improvement contributes to the fair market value of the real property to be acquired or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.

(c) Payment for the building, structures, or improvements as set forth above shall not result in duplication of any payments otherwise authorized by state law. No payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer, and release all of his or her rights, title and interest in and to the improvements. Nothing with regard to the above mentioned acquisition of buildings, structures, or other improvements shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with other laws of the state.
Ala. Code § 18-1A-29 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-29
Section 18-1A-29 Compensation for Tenant-Owned Improvements
Status: in_force

(a) If a building, structure, or other improvement to be acquired by a condemnor under Section 18-1A-28 is owned by a tenant:

(1) It shall be deemed for the purpose of determining compensation to be a part of the real property to be acquired notwithstanding the right or obligation of the tenant, as against the owner of any other interest in the real property, to remove it at the expiration of his term; and

(2) The compensation awarded shall include an amount sufficient to pay the tenant the larger of (i) the enhancement to the fair market value of the real property contributed by the improvement, or (ii) the fair market value of the improvement assuming its removal from the real property.

(b) Payment under this section shall not duplicate any payment authorized by law, and may be made only if the owner of the real property disclaims any interest in the improvement. In consideration for the payment, the tenant shall assign, transfer, and release to the condemnor all of his interest in the improvement.

(c) This section does not deprive the tenant of any right to reject payment hereunder and to seek to obtain payment for his interest in or damage to the improvement under any other law.
Ala. Code § 18-1A-274 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-274
Section 18-1A-274 Acquisition of Lands, Etc., for Viaducts and Subways by Railroad Companies, Etc., Within Municipalities
Status: in_force

Railroad companies and street railway companies may jointly or severally construct viaducts and subways in any municipality in this state by and with the consent of the municipality in which such viaduct or subway is to be constructed, and, to that end, such railroad companies and street railway companies may condemn all necessary property, lands, and interest and easements therein, including consequential damages to any property thereby injured or to be injured, as well as any property taken or destroyed or to be taken or destroyed.

Such condemnation proceedings may be had as provided by the general laws of this state governing the taking of lands or acquiring of interests therein for the uses for which private property may be taken, injured, or destroyed.
Ala. Code § 18-4-9 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-9
Section 18-4-9 Use of Funds
Status: in_force

Funds appropriated or otherwise available to any state agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project.
Ala. Code § 18-2-7 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-7
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
Status: in_force

If the applicant is not the owner of the land on both sides of the stream, the jury must also be charged to ascertain and assess the value of one acre of land on the opposite side, to include the place where the proposed dam would abut, and to locate and circumscribe the same by metes and bounds, having a due regard to the interests of all parties.
Ala. Code § 18-1A-71 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-71
Section 18-1A-71 Commencement of Condemnation Action; Venue
Status: in_force

A condemnation action is commenced by filing a complaint for condemnation with the probate court in the county in which the property or any part thereof sought to be taken is located.
Ala. Code § 18-1A-288 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-288
Section 18-1A-288 Appeal from Final Judgment of Circuit Court
Status: in_force

After entry of final judgment in the circuit court, any party may, within 42 days thereafter, upon giving bond or security for costs as in other cases, file a notice of appeal to the court of civil appeals where the amount involved, exclusive of interest and costs, does not exceed $10,000.00. Where the amount involved, exclusive of interest and costs, exceeds $10,000.00, such appeal shall be to the supreme court.
Ala. Code § 18-1B-2 — Alabama Code / Title 18 / Chapter 1B / Section 18-1B-2
Section 18-1B-2 Limitations on Condemnation
Status: in_force

(a) Neither the State of Alabama, nor any of its departments, divisions, agencies, commissions, corporations, boards, authorities, or other entities, nor any agency, corporation, district, board, or other entity organized by or under the control of any municipality or county in the state and vested by law to any extent whatsoever with the power of eminent domain may condemn property for the purpose of nongovernmental retail, office, commercial, residential, or industrial development or use or to primarily condemn a mortgage or deed of trust; provided, however, the foregoing provisions of this subsection shall not apply to the exercise of the powers of eminent domain by any county, municipality, housing authority, or other public entity based upon a finding of blight in an area covered by any redevelopment plan or urban renewal plan pursuant to Chapters 2 and 3 of Title 24, provided the purpose of the exercise of the powers of eminent domain pursuant to Chapters 2 and 3 of Title 24 is not primarily to acquire a mortgage or deed of trust, or to the exercise of eminent domain by or for the benefit of public utilities or other entities engaged in the generation, transmission, or distribution of telephone, gas, electricity, water, sewer, or other utility products or services. Nothing in this section shall be interpreted to prohibit the state or a municipal or county governing body from exercising the power of eminent domain for the purpose of constructing, maintaining, or operating streets and roadways, government buildings, or park and recreation facilities.

(b) Property condemned by an entity described in subsection (a), if not ever used for the purpose or purposes for which it was condemned or for some other public use, that is subsequently determined to be sold, shall be first offered for sale to the person or persons from whom the property was condemned, or his or her known or ascertainable heirs or assigns, at the price which was paid for the property, less such amount, if any, as the person shall show by good and sufficient documentation to be the amount of income and transaction taxes, if any, actually paid in connection therewith, and if the offer shall not be accepted within 90 days from the date it is made, the property may be sold to any other person or persons but only at public sale after legal notice is given.
Ala. Code § 18-1A-4 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-4
Section 18-1A-4 Compromise or Settlement Between Parties
Status: in_force

At any time before or after commencement of an action, the parties may agree to and carry out according to its terms a compromise or settlement as to any matter, including all or any part of the compensation or other relief.
Ala. Code § 18-4-4 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-4
Section 18-4-4 Payment of Relocation Expenses
Status: in_force

(a) Whenever the acquisition of real property for a program or project undertaken by a state agency will result in the displacement of any person, the agency shall make fair and reasonable relocation payments to displaced persons as required by this chapter for the actual reasonable expenses in moving himself or herself or his or her family or personal property.

(b) This chapter shall not apply to the Alabama Department of Transportation if the department is required to provide relocation assistance pursuant to Sections 23-1-210, 23-1-211, and 23-1-212.
Ala. Code § 18-2-1 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-1
Section 18-2-1 Right of Property Owner to Erect Dam
Status: in_force

A dam for any gristmill, sawmill, gin, factory or plant to generate electricity by water power to be operated for the public may be erected across any watercourse, not a navigable stream, by the owner in fee of the land on both sides of the stream, or on one side at the place where the dam is proposed to be erected, by proceeding as provided in this chapter.
Ala. Code § 18-1A-2 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-2
Section 18-1A-2 Scope of Chapter
Status: in_force

(a) This chapter provides standards for the acquisition of property by condemnors, the conduct of condemnation actions, and the determination of just compensation. It does not confer the power of eminent domain, and does not prescribe or restrict the purposes for which or the persons by whom that power may be exercised.

(b) This chapter supplements the law of this state relating to the acquisition of property and to the exercise of the power of eminent domain. In the event of conflict between this chapter and any other law with respect to any subject governed by this chapter, this chapter prevails.
Ala. Code § 18-4-3 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-3
Section 18-4-3 Legislative Intent
Status: in_force

(a) The Legislature declares that this chapter shall be applicable only to the acquisition of real property owned and occupied by the owner as a residence by any state agency for use in projects or programs in which federal or state funds are used; except that for the purposes of this chapter, federal guarantees or insurance shall not be deemed to be federal funds. This chapter shall not apply to acquisitions by a state agency which are voluntarily initiated or negotiated by the seller under no threat of condemnation.

(b) The Legislature further declares the following:

(1) The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced from their residences as a result of programs or projects involving the acquisition of real property by any state agency. In order that the persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole, the policy shall be uniform as to relocation payments, advisory assistance, and assurances of availability of housing.

(2) It shall be the policy of the state to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many programs, and to promote public confidence in land acquisition practices.
Ala. Code § 18-1A-110 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-110
Section 18-1A-110 Motion for Withdrawal of Deposited Funds Before Judgment
Status: in_force

At any time after payment of the award and before entry of judgment, the defendant by motion may withdraw the amount of the condemnor’s approved offer. The motion shall specify the applicant’s property for which the deposit was made and request leave to withdraw such amount from the funds on deposit.
Ala. Code § 18-1A-197 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-197
Section 18-1A-197 Factors Upon Which Opinion as to Value May Not Be Based
Status: in_force

Notwithstanding the provisions of Sections 18-1A-192 to 18-1A-196(5), the following factors are not admissible as a basis for an opinion as to the value of property:

(1) The price or other terms and circumstances of an acquisition of comparable property, where that property was or could have been acquired in that transaction under the power of eminent domain;

(2) The price at which property was optioned, offered, mortgaged, or listed for purchase, sale, or lease;

(3) The assessed value of property for purposes of taxation;

(4) Except as provided in subdivision (5) of Section 18-1A-193, the influence upon the value of the property being valued of an exercise of the police power or of other noncompensable damage.
Ala. Code § 18-4-17 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-17
Section 18-4-17 Expenses Incurred from Declaratory Judgment Proceedings
Status: in_force

Where a declaratory judgment proceeding is instituted by the owner of any right, title, or interest in real property because of use of his or her property in any program or project undertaken by a state agency, the court, rendering a judgment for the plaintiff in the proceeding and awarding compensation for the taking of property, or the Attorney General effecting a settlement of any proceeding, shall determine and award or allow to a plaintiff, as a part of a judgment or settlement, a sum that shall, in the opinion of the court or the Attorney General, as the case may be, reimburse the plaintiff for his or her reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.
Ala. Code § 18-1A-233 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-233
Section 18-1A-233 Restitution of Property and Damages
Status: in_force

If the action is dismissed for any reason, and the defendant has vacated the property under an order of possession or in reasonable contemplation of its taking by the plaintiff, the circuit court, upon demand of the defendant, shall order the plaintiff to (1) deliver possession of the property to the defendant or other person entitled thereto, and (2) pay damages to the defendant as justice requires, including damages for any injury to or impairment of the value of the property not within the reasonable control of the defendant.
Ala. Code § 18-4-10 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-10
Section 18-4-10 Displaced Person
Status: in_force

A displaced person who moves from his or her dwelling as the direct result of federally assisted building or other similar federally assisted code enforcement activities, or a program of rehabilitation or demolition of buildings conducted pursuant to a federally assisted governmental program, is deemed to be a displaced person for the purposes of this chapter.
Ala. Code § 18-1A-94 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-94
Section 18-1A-94 Burden of Proof at Hearing on Preliminary Objections
Status: in_force

(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.
Ala. Code § 18-1A-190 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-190
Section 18-1A-190 Scope of Article
Status: in_force

(a) Actions under this chapter are governed by the rules of evidence applicable in other civil actions and as supplemented by this article.

(b) This article does not create or diminish any right to compensation or damages, and does not affect the meaning of “just compensation” under the law of this state.
Ala. Code § 18-1A-273 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-273
Section 18-1A-273 Acquisition of Easements for Crossings by Railroads, Etc
Status: in_force

Any corporation, person, or association of persons owning a railroad or street railroad in this state and proposing to cross or intersect the line of another railroad or street railroad may acquire an easement for such purpose and to that end may pursue the mode of proceeding prescribed in this chapter.
Ala. Code § 18-1A-311 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-311
Section 18-1A-311 Application
Status: in_force

(a) Articles 1 through 5 of this chapter apply only to condemnation actions commenced on or after January 1, 1986.

(b) Article 1 and Articles 6 through 16 of this chapter apply to the fullest extent practicable to pending condemnation actions commenced before January 1, 1986, with respect to issues on which a judgment has not been entered, and with respect to issues that are retried on or after January 1, 1986, pursuant to an order of a trial or appellate court.

(c) In any condemnation action in which an appeal or a motion to modify or vacate the verdict or judgment, or to grant a new trial, was pending on January 1, 1986, the law applicable before January 1, 1986, governs the determination of the appeal or motion.
Ala. Code § 18-4-8 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-8
Section 18-4-8 Administration of Programs
Status: in_force

In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, a state agency may enter into contracts with any individual, firm, association, or corporation for service in connection with the programs, or may carry out its functions under this chapter through any federal or state agency or instrumentality having an established organization for conducting relocation assistance programs.
Ala. Code § 18-1A-5 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-5
Section 18-1A-5 Compliance with Requirements for Federal Financial Assistance
Status: in_force

Notwithstanding any provision of this chapter, a condemnor may comply with any federal statute, regulation, or policy prescribing a condition precedent to the availability or payment of federal financial assistance for any program or project for which the condemnor is authorized to exercise the power of eminent domain.
Ala. Code § 18-2-21 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-21
Section 18-2-21 Provisions as to Rate of Toll, Etc., Applicable to Gristmills Established Pursuant to Chapter
Status: in_force

All gristmills established in pursuance of this chapter are subject to the provisions of this Code touching the order in which grain shall be ground and the rate of toll to be charged for grinding grain at public mills.
Ala. Code § 18-1A-26 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-26
Section 18-1A-26 Coercive Action Forbidden
Status: in_force

In order to compel an agreement on the price to be paid for the property, a condemnor may not arbitrarily advance the time of condemnation, arbitrarily defer negotiations or condemnation, nor take any other action coercive in nature.
Ala. Code § 18-4-11 — Alabama Code / Title 18 / Chapter 4 / Section 18-4-11
Section 18-4-11 Payments Not Treated as Income
Status: in_force

No payment received by a displaced person under this chapter shall be considered as income or resources for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any state law, or for the purposes of the personal income tax law, corporation tax law, or other tax laws of the state. The payments shall not be considered as income or resources of any recipient of public assistance and the payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
Ala. Code § 18-1A-52 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-52
Section 18-1A-52 Bond for Damages Caused by Entry
Status: in_force

(a) An order permitting entry under Section 18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount that will fairly compensate the owner and any other person in lawful possession or physical occupancy of the property for damages for physical injury to the property, and for substantial interference with its possession or use, found likely to be caused by the entry and activities authorized by the order, and shall require the condemnor other than the state to enter into bond in double the amount of such preliminary assessment, with good and sufficient sureties, to pay such damages as the property owner or other person in lawful possession or physical occupancy of the property may sustain. The bond must be given before entry is made.

(b) Unless sooner disbursed by agreement or court order, the amount of the bond sufficient to cover the damages sustained shall be paid to those determined by the circuit court to be entitled thereto upon termination of the activities as permitted in subsection (a) of Section 18-1A-50. The circuit court for good cause may extend the period of retention.

(c) Upon the filing of an application for condemnation within the period of retention specified in subsection (b) naming as defendants the persons for whose benefit the bond was made or their successors in title and seeking to condemn for the public use for which entry was authorized hereunder, then the damages for injury to the property or for substantial interference with its possession and use shall be merged with and included within the compensation and damages ascertained in such condemnation proceeding, and the bond shall be refunded to the condemnor. In the event no such condemnation proceeding is instituted prior to the expiration of the period of retention, then the amount of damages for physical injury to the property and for substantial interference with its possession or use shall be determined as in other civil cases by the circuit court or, on demand of either party, by a jury and the award shall include interest at a rate equal to the rate allowed to be charged on money judgments as set forth in Section 8-8-10 as amended at the date of the final order in the circuit court, with the interest to be computed by the circuit court.

If the deposit is paid out prior to filing the condemnation action any such payment covering areas condemned shall be credited by the court to the final payment by the condemnor.
Ala. Code § 18-1A-283 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-283
Section 18-1A-283 Appeal from Order of Condemnation
Status: in_force

Any of the parties may appeal from the order of condemnation to the circuit court of the county within 30 days from the making of the order of condemnation by filing in the probate court rendering that judgment a written notice of appeal, a copy of which shall be served on the opposite party or his attorney, and on such appeal, the trial shall be de novo, and it shall be necessary to send up the proceedings only as to the parties appearing or against whom an appeal is taken.
Ala. Code § 18-1A-24 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-24
Section 18-1A-24 Notice to Terminate Occupancy
Status: in_force

Except in an emergency, a condemnor may not require a person lawfully occupying property to move from a dwelling, nor to move his business or farm operation, unless he has received written notice from the condemnor at least 90 days before the date by which the move is required.
Ala. Code § 18-2-12 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-12
Section 18-2-12 Denial or Grant of Application
Status: in_force

If on the day appointed to show cause, or any other day to which the matter may be continued, it appears to the court from the inquest or from evidence introduced that the residence of any owner, or the outhouses, inclosures, garden or orchard immediately belonging thereto, will probably be overflowed, or that the health of the neighborhood will probably be endangered, or that any other mill, gin, factory or waterworks will probably be overflowed, the court must not grant the application; but, if such results will not probably ensue, the application must be granted.
Ala. Code § 18-1A-23 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-23
Section 18-1A-23 Payment or Deposit Before Surrender of Possession
Status: in_force

An owner shall not be required to surrender possession of property before the condemnor:

(1) Pays the agreed purchase price; or

(2) Pays, or deposits in accordance with this chapter, the amount awarded by the condemnation order.
Ala. Code § 18-1A-54 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-54
Section 18-1A-54 Proceeding or Action to Recover Damages Caused by Entry; Payment of Damages
Status: in_force

(a) A condemnor is liable for physical injury to, and for substantial interference with possession or use of, property caused by his entry and activities upon the property. This liability may be enforced in a subsequent condemnation proceeding filed within the period specified as a retention period in Section 18-1A-52 or, if no such proceeding is filed within such period of time, by civil action with the right of trial by jury on demand of either party.

(b) If funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person entitled to damages under subsection (a) may apply to the circuit court for payment of his damages from such funds. If the amount on deposit is insufficient to pay the full amount, the circuit court shall enter judgment against the condemnor for the unpaid portion.
Ala. Code § 18-1A-252 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-252
Section 18-1A-252 When Agreement May Be Made; Effect on Right to Commence Condemnation Action
Status: in_force

An arbitration agreement under this article may be made and carried into effect either before or after a condemnation action has been commenced. The agreement does not waive or restrict the right to commence and prosecute a condemnation action, including the taking of possession before judgment, except to the extent expressly provided in the agreement.
Ala. Code § 18-1A-212 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-212
Section 18-1A-212 Crediting Amounts Paid or Withdrawn from Deposited Funds
Status: in_force

(a) The judgment shall credit against the total amount awarded to the defendant any payments made before the date of entry of the judgment by plaintiff to the defendant as compensation for the property taken, plus any funds which the defendant withdrew from money deposited by the plaintiff.

(b) If the amount to be credited against the award under subsection (a) exceeds the total amount awarded, the judgment shall require the defendant to pay the excess to the plaintiff or other person entitled thereto.
Ala. Code § 18-1A-75 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-75
Section 18-1A-75 Recording Notice of Pending Action; Amendment of Complaint After Notice Filed; Notice of Dismissal
Status: in_force

(a) After commencement of a condemnation action, the plaintiff shall cause a notice of the pendency of the proceedings to be recorded in the office of the probate court in each county in which any real property described in the complaint is located.

(b) The notice shall contain:

(1) The title of the action and the probate court, docket number if available, and date of filing of the complaint;

(2) A legal description of the real property sought to be taken as described in the complaint; and

(3) The name of each plaintiff and each defendant designated in the complaint.

(c) The notice shall be filed for record and indexed in the same manner as a notice of lis pendens in other cases.

(d) If after the filing of a notice the complaint in the action is amended to enlarge the quantity of, or nature of the interest in, the real property to be taken, or to add or substitute parties, the plaintiff shall cause a supplemental notice to be recorded in conformity with this section.

(e) Upon entry of a judgment of dismissal, any party may cause a notice of the dismissal to be recorded in the same office.

(f) A recorded notice of the pendency of a condemnation action under this section constitutes notice to purchasers and encumbrancers of the described property to the same extent as like notices of pending litigation in other cases relating to real property.
Ala. Code § 18-1A-191 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-191
Section 18-1A-191 View of the Property Taken
Status: in_force

(a) Upon motion of a party or its own motion, the circuit court may direct the jury to be placed in charge of an officer of the court and taken personally to view the property sought to be taken. Upon like motion, if the case is tried before the circuit court without a jury, the judge presiding at the trial may view the property. The circuit court may prescribe additional terms and conditions consistent with this section.

(b) During a view of the property by the jury, the judge presiding at the trial shall be present and supervise the proceedings. The parties, their attorneys, engineers, and other representatives may be present during a view by the jury or judge.

(c) During a view, only the judge presiding at the trial or person designated by the circuit court may make a statement to the jury relating to the subject matter of the action, and any such statement must be transcribed as a part of the record.

(d) The physical characteristics of the property and of surrounding property, and any other matters observed during a view, may be considered by the trier of fact solely for the purpose of understanding and weighing the valuation evidence received at the trial, and do not constitute independent evidence on the issue of the amount of compensation.
Ala. Code § 18-2-16 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-16
Section 18-2-16 Proceedings When Construction of Canal or Ditch through Adjoining Lands Necessary
Status: in_force

When such land joins other lands and it is necessary for the erection of the mill, gin or factory to dig a ditch or canal through such other lands, the application must be made to the court of probate of the county in which the lands, through which the ditch or canal is proposed to be dug, lie, and the writ must be obtained, inquest held, notice given, inquest returned, the owners of other lands summoned to show cause, the application granted or refused and damages paid in the same manner as in other cases provided for in this chapter.
Ala. Code § 18-2-3 — Alabama Code / Title 18 / Chapter 2 / Section 18-2-3
Section 18-2-3 Contents of Application
Status: in_force

Such application must set forth the right of the applicant to make the same, the purpose for which the dam is to be erected, a description of the land by sectional divisions and subdivisions, township and range, the name of the watercourse, if it has a name, the side on which the mill, gin or factory is to be erected and the proposed height of the dam. If the application is made by the owner of the land on one side only, he shall also set forth therein the name of the owner of the land on the opposite side on which the proposed dam is to abut, his residence, if known, and whether such owner is a minor or of full age; and, if such owner of the land on the opposite side is of unsound mind, that fact must also be stated.
Ala. Code § 18-1A-280 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-280
Section 18-1A-280 Commissioners - Service of Notice of Appointment
Status: in_force

When the probate court shall have appointed the commissioners as provided in this chapter, it shall immediately issue notice of the appointment to the commissioners.
Ala. Code § 18-1A-213 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-213
Section 18-1A-213 Performance of Work to Reduce Amount of Award
Status: in_force

(a) If the probate court finds that the plaintiff and defendant have entered into a written agreement under which the plaintiff has completed, or has undertaken to perform, described work, or if a pretrial order required the performance of work by the plaintiff, the court may include in the judgment a determination that the plaintiff has satisfied, or may satisfy, the judgment in whole or in part by performing the work as described.

(b) The provisions included in the judgment under subsection (a) shall describe or incorporate the terms and conditions of the agreement or pretrial order, and to the extent the agreement or order fails to provide therefor shall include requirements relating to:

(1) The location and nature of the work and the time for its commencement and completion; and

(2) The amount of compensation awarded which is or will be satisfied by performance of the work by the plaintiff, rather than by payment in money together with any proper adjustments in the amount of interest allowable on the amount awarded.

(c) For good cause, the probate court may require the plaintiff to deposit funds with the court, or to execute and file with the clerk a bond with sureties approved by the court, in an amount not less than the estimated cost of the work, to guarantee its faithful and timely performance; and the court may impose other reasonable terms and conditions including a reservation of continuing jurisdiction to assure that the work will be properly performed in accordance with the judgment.
Ala. Code § 18-1A-196 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-196
Section 18-1A-196 Basis for Opinion as to Value
Status: in_force

As a basis for an opinion as to value, a valuation witness qualified under subsection (a) of Section 18-1A-192 may consider, inter alia:

(1) The price and other circumstances of any good faith sale of all or part of the property sought to be taken, whether the sale was entered into before or after the valuation date.

(2) The price and other terms and circumstances of any good faith sale of comparable property. A sale is comparable within the meaning of this section only if it was made within a reasonable time before or after the valuation date and the property is sufficiently similar in the relevant market, with respect to situation, location, size, usability, improvements, and other characteristics, to warrant a reasonable belief that it is comparable to the property being valued. Any proposed comparable sale that fails to meet the foregoing standards shall not be admissible.

(3) The terms and circumstances of any lease made in good faith that included all or part of the property being valued or of comparable property whether the lease was made before or after the valuation date.

(4) The actual or reasonable net rental income attributable to the property when used for its highest and best use, capitalized at a fair and reasonable rate.

(5) The cost of reproducing or replacing existing improvements on the property sought to be taken which enhance its value for its highest and best use, less any depreciation resulting from physical deterioration or from functional or economic obsolescence.

(6) The nature, condition, and use of properties in the general vicinity of the property being valued.
Ala. Code § 18-1A-282 — Alabama Code / Title 18 / Chapter 1A / Section 18-1A-282
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
Status: in_force

The commissioners must, within 20 days from their appointment, make a report in writing to the probate court stating the amount of damages and compensation ascertained and assessed by them for the owners of each tract of land, or persons injured and other parties interested therein, and thereupon, within seven days, the probate court must issue an order that the report be recorded and the property be condemned upon payment or deposit into the probate court of the damages and compensation so assessed. A notice of entry of said order and the amount of the award shall immediately be mailed by first class mail to each party whose address is known, together with a notice of the right to appeal therefrom to the circuit court within 30 days from the date of said order.