Ala. Code § 42-2-5 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-5
Section 42-2-5 Failure of Owner to Appear at Hearing
Status: in_force

If the owner does not appear on the hearing of the application, the court must hear the same and, if the application is granted, must appoint commissioners as herein provided for, and thereafter the same proceedings shall be had as if such owner had appeared.
Ala. Code § 42-2-12 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-12
Section 42-2-12 Appointment of Commissioner to Execute Conveyance
Status: in_force

If the application is granted and the lands condemned, as provided in this chapter, and no appeal is taken therefrom, or, if appeal is taken and the lands described are condemned on appeal, the probate court in which the application is filed shall at once appoint a commissioner to execute the conveyance of the title to the lands so condemned and shall convey thereby all such title as the owners had therein to the United States, free from the claims of all persons whomsoever.
Ala. Code § 42-2-3 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-3
Section 42-2-3 Order Appointing Day of Hearing; Publication and Service of Notice of Hearing
Status: in_force

On the filing of the application, the court must make and enter an order appointing the day for the hearing thereof. If the owner of the land resides within the state, the court must issue notice to him or her of the application and of the day of the hearing thereof, which must be served by the sheriff or other legal officer at least 10 days before the day appointed for the hearing. If the owner is unknown or if he or she resides without the state or has been absent from the state or beyond the jurisdiction of the court in which the application is made for six months next before the time of the filing of the application in said court, notice may be given by advertisement in any newspaper published in the county or, if there be no newspaper published in the county, by posting notice at the courthouse and three other public places for at least three weeks before the day appointed for the hearing. If the owner is an infant or of unsound mind, notice must be served on his or her guardian, if any he or she have, resident in the state, but if he or she resides in the state and has no such guardian, then the person who may have him or her in charge or with whom he or she may reside. If the owner is dead and the lands are in the possession or under the control of his or her personal representative, notice must be served on such representative and on the heirs at law of the decedent.
Ala. Code § 42-2-9 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-9
Section 42-2-9 Appeal from Assessment of Damages
Status: in_force

Either party may appeal from the assessment of damages and compensation by the commissioners to the circuit court of the county within 30 days after the making of the order of condemnation, upon the report of the commissioners, by filing in the court rendering the judgment a written notice of appeal, a copy of which shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal shall suspend the judgment if the applicant shall pay into court in money the amount of damages assessed and give bond in double the amount so assessed, with good and sufficient surety, to be approved by the judge of probate, to pay such damages as the owner may sustain.
Ala. Code § 42-2-7 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-7
Section 42-2-7 Commissioners for Assessment of Damages and Compensation - Appointment; Notice to Commissioners; Duties
Status: in_force

If the application 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 be required to 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 the damages, and that they knew nothing of the same before their appointment. The judge of probate is authorized to fill any vacancy occasioned by the death, resignation, failure to act, or any disqualification of any such commissioners from interest, prior knowledge of the subject matter, or by being consulted, advised with, or approached in reference to the condemnation of such lands prior to appointment or to the assessment of damages. When the court shall have appointed the commissioners as herein provided, it shall at once issue a notice of such appointment to the sheriff, whose duty it shall be to serve such notice upon the person therein designated within five days of the receipt thereof, and the sheriff shall receive the same compensation for serving such notice as allowed for summoning jurors. It shall be the duty of the commissioners, or a majority of them, thus appointed by the judge of probate to assess the damages and compensation to which the owner of the land is entitled, and they shall be sworn as jurors are sworn. The commissioners may view the lands to be subjected and must receive all legal evidence that may be offered by either party touching the amount of the damages the owner of the lands will sustain and the amount of compensation he or she is entitled to receive. The amount of compensation to which the owner is entitled must not be reduced or diminished because of any incidental benefits which may accrue to him or her or to his or her remaining lands in consequence of the uses to which the lands proposed to be taken or in which an easement is proposed to be acquired will be appropriated. Nothing in this section shall be construed to prevent any applicant for the condemnation of land or any landowner whose land is sought to be condemned from being present in person or by attorney at any of the proceedings or trials provided for in this chapter.
Ala. Code § 42-1-1 — Alabama Code / Title 42 / Chapter 1 / Section 42-1-1
Section 42-1-1 United States May Acquire Lands
Status: in_force

The United States may acquire and hold lands within the limits of this state as sites for forts, magazines, arsenals, dockyards and other needful buildings, or either of them, as contemplated and provided by the Constitution of the United States, which purchase may be made by contract with the owners or as otherwise provided in this title. In like manner, the United States may acquire and hold lands, rights-of-way, and material needed in maintaining, operating, or prosecuting works for the improvement of rivers and harbors within this state.
Ala. Code § 42-3-2 — Alabama Code / Title 42 / Chapter 3 / Section 42-3-2
Section 42-3-2 Cession of Sites Covered by Navigable Waters
Status: in_force

Whenever the United States desires to acquire title to land belonging to this state, covered by the navigable waters of the United States and within the limits of this state for the site of a lighthouse, beacon, or other aid to navigation, and application is made therefor by a duly authorized agent of the United States, describing the site required for one of the purposes aforesaid, then the Governor of the state may convey the title to the United States and may also cede to the United States such jurisdiction over the same as may be necessary for the purposes of the United States. Upon like application, the Governor may convey to the United States the title to any land belonging to this state and covered by the navigable waters of the United States upon which any lighthouse or other aid to navigation has heretofore been erected, and may also cede to the United States such jurisdiction over the same as may be necessary for the purposes of the United States. No single tract shall contain more than 10 acres.
Ala. Code § 42-2-10 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-10
Section 42-2-10 Order of Condemnation Vests Title; Right of Entry on Land Pending Appeal
Status: in_force

The order of condemnation, upon the payment of the sum ascertained and assessed by the verdict of the jury, or the deposit thereof in the court for the defendant, shall vest in the United States the title in fee simple to the lands to be acquired for the uses and purposes stated in the application. But if an appeal shall be taken by either party, then the United States or its agents, upon the deposit in the court for the party whose land is sought to be condemned of the amount of damages and compensation so assessed, together with the cost of the proceeding, and giving a bond in double the amount of damages assessed, shall be entitled to enter upon the land so condemned and survey, construct, and operate on the same for the uses, and purposes stated in the application, but such easement shall not vest absolutely in the United States until the final determination of the cause and payment or deposit in court of such damages and compensation as shall then be adjudged.
Ala. Code § 42-3-3 — Alabama Code / Title 42 / Chapter 3 / Section 42-3-3
Section 42-3-3 Reservation of Rights, Etc., by State
Status: in_force

The jurisdiction heretofore ceded to the United States over any lands acquired by it within the State of Alabama, with the consent of the state, shall be subject to such reservations, restrictions, and conditions as provided in the act or instrument of cession relating to such acquisition and shall be subject to the exercise by the state of such jurisdiction, rights, privileges, or powers as may now or hereafter be ceded by the United States to the state. The jurisdiction ceded to the United States over any lands hereafter acquired by it within the State of Alabama, with the consent of the state, pursuant to the provisions of this title or any other law of the state, unless otherwise expressly provided in the act or instrument of cession, shall be subject to the following reservations, restrictions, or conditions:

(1) The jurisdiction so ceded shall not prevent the execution upon such lands of any process, civil or criminal, issued under the authority of this state, except as such process might affect the property of the United States thereon.

(2) The state expressly reserves the right to tax all persons, firms, corporations, or associations now or hereafter residing or located upon such lands.

(3) The state expressly reserves the right to tax the exercise by any person, firm, corporation or association of any and all rights, privileges, and franchises upon said lands, and to tax property of all persons, firms, corporations, or associations situated upon such lands.

(4) The jurisdiction ceded to the United States shall be for the purposes of the cession and none other and shall continue during the time the United States shall be or remain the owner thereof and shall use such lands for the purpose of the cession.

(5) The state expressly reserves the right to exercise over or upon any such lands any and all rights, privileges, powers, or jurisdiction which may now or hereafter be released or receded by the United States to the state.
Ala. Code § 42-2-4 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-4
Section 42-2-4 Appointment of Guardian Ad Litem and Counsel for Infants and Persons of Unsound Mind
Status: in_force

If the owner of the lands is an infant or is of unsound mind, the court, on the day appointed for the hearing, must appoint a guardian ad litem to represent him or her, 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 or she deems it necessary, may employ counsel to assist him or her. The compensation of such guardian and of his or her counsel must be ascertained by the court and taxed as costs of the proceedings.
Ala. Code § 42-2-11 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-11
Section 42-2-11 When Damages to Be Paid; Failure to Pay Damages
Status: in_force

The applicant may pay the damages and compensation assessed at any time within six months after the assessment thereof or, in case an appeal is taken, within six months after the appeal is determined. If the applicant fails to pay the same within such time, such assessment shall cease to be binding on the owner of the lands, and the rights of the United States thereunder shall be terminated.
Ala. Code § 42-2-2 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-2
Section 42-2-2 Application
Status: in_force

The application of the United States or its agent must be in writing, verified by the oath of an agent or attorney, and must state with certainty the uses or purposes for which the land is to be taken or the interest or easement therein to be acquired, and must state the name and residence of the owner if known or, if unknown, must show that reasonable diligence has been used to ascertain the same.
Ala. Code § 42-2-1 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-1
Section 42-2-1 When Authorized; Jurisdiction of Probate Court
Status: in_force

If the agent of the United States and the owner of the lands or right-of-way to be condemned cannot agree as to the terms of the sale and purchase thereof, the probate court of the county in which such lands or any part thereof may lie may, on the application of the agent of the United States, proceed to condemn such lands to such uses as may be provided for.
Ala. Code § 42-3-1 — Alabama Code / Title 42 / Chapter 3 / Section 42-3-1
Section 42-3-1 Authority of Governor to Cede Jurisdiction
Status: in_force

The Governor, upon application made to him or her in writing on behalf of the United States for that purpose, accompanied by the proper evidence of title in the United States describing the lands, is authorized on the part of the state, by patent to be recorded in the office of the Secretary of State, to cede to the United States such jurisdiction as he or she may deem wise over such lands, to hold, to use, and occupy the same for the purposes of the cession and none other.
Ala. Code § 42-2-8 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-8
Section 42-2-8 Commissioners for Assessment of Damages and Compensation - Report
Status: in_force

The commissioners must, within 10 days from their appointment, report in writing to the court the amount of damages and compensation ascertained and assessed by them, and thereupon the court must order the same to be recorded and must make an order of condemnation in pursuance thereof upon payment of the damages and compensation so assessed and reported or the deposit of the same in court.
Ala. Code § 42-2-6 — Alabama Code / Title 42 / Chapter 2 / Section 42-2-6
Section 42-2-6 Conduct of Hearing; Order Granting or Refusing Application; Appeal from Grant or Refusal of Application
Status: in_force

On the day appointed or any other day to which the hearing may be continued, the court must hear the allegations of the application and any objections which may be filed to the granting thereof and any legal evidence touching the same, and shall make an order granting or refusing the application.

The hearing herein provided for must in all respects be conducted and evidence taken as in civil cases, and either party may, by bill of exception, reserve any opinion or decision of the court. Either party is entitled to an appeal to the Supreme Court from the order of the court granting or refusing the application within 42 days from the making thereof.
Ala. Code § 42-1-2 — Alabama Code / Title 42 / Chapter 1 / Section 42-1-2
Section 42-1-2 Consent to Acquisition of Lands Needed for Consolidation and Administration of National Forests
Status: in_force

The consent of the State of Alabama is hereby given to the United States to acquire by purchase, condemnation, or gift, for forest purposes, such lands, within the exterior national forest boundaries or within the watershed or drainage areas of the Tennessee River in Alabama, as have heretofore or may hereafter be approved by the Department of Conservation and Natural Resources and as, in the opinion of the administrative executives of the United States, may be or are needed for the consolidation, extension, and administration of national forests. In all condemnation proceedings for the acquisition of lands, the rights of the United States shall be limited to the specific object set by the laws of the United States regarding national forests.