reglab/housing_qa huggingface dataset:
AL Code § 18-1A-173 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 10 - Compensation.|Section 18-1A-173 - Effect of Condemnation Action on Value; Valuation of Second Taking; Decrease in Value Due to Owner's Neglect.

Section 18-1A-173Effect of condemnation action on value; valuation of second taking; decrease in value due to owner's neglect. (a) The fair market value of the property does not 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. (Acts 1985, No. 85-548, p. 802, §1004.)
AL Code § 18-1A-174 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 10 - Compensation.|Section 18-1A-174 - Highest and Best Use, a Jury Issue.

Section 18-1A-174Highest and best use, a jury issue. 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. (Acts 1985, No. 85-548, p. 802, §1005.)
AL Code § 18-1A-190 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 11 - Evidence in Condemnation Actions.|Section 18-1A-190 - Scope of Article.

Section 18-1A-190Scope of article. (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. (Acts 1985, No. 85-548, p. 802, §1101.)
AL Code § 18-1A-191 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 11 - Evidence in Condemnation Actions.|Section 18-1A-191 - View of the Property Taken.

Section 18-1A-191View of the property taken. (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. (Acts 1985, No. 85-548, p. 802, §1102.)
AL Code § 18-1A-192 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 11 - Evidence in Condemnation Actions.|Section 18-1A-192 - Opinion Evidence as to Value.

Section 18-1A-192Opinion evidence as to value. (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). (Acts 1985, No. 85-548, p. 802, §1103.)
AL Code § 18-1A-193 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 11 - Evidence in Condemnation Actions.|Section 18-1A-193 - Evidence Supporting Opinion as to Value.

Section 18-1A-193Evidence supporting opinion as to value. 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. (Acts 1985, No. 85-548, p. 802, §1104.)
AL Code § 18-1A-194 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 11 - Evidence in Condemnation Actions.|Section 18-1A-194 - Evidence Supporting Opinion as to Remainder Value in Partial Taking.

Section 18-1A-194Evidence supporting opinion as to remainder value in partial taking. 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. (Acts 1985, No. 85-548, p. 802, §1105.)
AL Code § 18-1A-195 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 11 - Evidence in Condemnation Actions.|Section 18-1A-195 - Opinion of Owner as to Value.

Section 18-1A-195Opinion of owner as to value. The owner may consider any nonconjectural matters in forming his opinion as to the fair market value of his property. (Acts 1985, No. 85-548, p. 802, §1106.)
AL Code § 18-1A-197 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 11 - Evidence in Condemnation Actions.|Section 18-1A-197 - Factors Upon Which Opinion as to Value May Not Be Based.

Section 18-1A-197Factors upon which opinion as to value may not be based. Notwithstanding the provisions of Sections 18-1A-192 to 18-1A-196(5), the following 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. (Acts 1985, No. 85-548, p. 802, §1108.)
AL Code § 18-1A-196 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 11 - Evidence in Condemnation Actions.|Section 18-1A-196 - Basis for Opinion as to Value.

Section 18-1A-196Basis for opinion as to value. 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. (Acts 1985, No. 85-548, p. 802, §1107.)
AL Code § 18-1A-210 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 12 - Judgment and Postjudgment Procedure.|Section 18-1A-210 - Contents of Judgment.

Section 18-1A-210Contents of judgment. 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. (Acts 1985, No. 85-548, p. 802, §1201.)
AL Code § 18-1A-211 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 12 - Judgment and Postjudgment Procedure.|Section 18-1A-211 - Interest on Compensation Awarded.

Section 18-1A-211Interest on compensation awarded. (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. (Acts 1985, No. 85-548, p. 802, §1202; Acts 1995, No. 95-502, p. 1010, §1; Act 2004-486, p. 904, §2.)
AL Code § 18-1A-212 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 12 - Judgment and Postjudgment Procedure.|Section 18-1A-212 - Crediting Amounts Paid or Withdrawn From Deposited Funds.

Section 18-1A-212Crediting amounts paid or withdrawn from deposited funds. (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. (Acts 1985, No. 85-548, p. 802, §1203.)
AL Code § 18-1A-213 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 12 - Judgment and Postjudgment Procedure.|Section 18-1A-213 - Performance of Work to Reduce Amount of Award.

Section 18-1A-213Performance of work to reduce amount of award. (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. (Acts 1985, No. 85-548, p. 802, §1204.)
AL Code § 18-1A-214 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 12 - Judgment and Postjudgment Procedure.|Section 18-1A-214 - Payment of Judgment by Plaintiff; Deduction of Taxes From Award.

Section 18-1A-214Payment of judgment by plaintiff; deduction of taxes from award. (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. (Acts 1985, No. 85-548, p. 802, §1205.)
AL Code § 18-1A-215 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 12 - Judgment and Postjudgment Procedure.|Section 18-1A-215 - Effect of Failure to Pay Judgment.

Section 18-1A-215Effect of failure to pay judgment. (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. (Acts 1985, No. 85-548, p. 802, §1206.)
AL Code § 18-1A-216 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 12 - Judgment and Postjudgment Procedure.|Section 18-1A-216 - Payment After Judgment From Funds Deposited With Court.

Section 18-1A-216Payment after judgment from funds deposited with court. 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. (Acts 1985, No. 85-548, p. 802, §1207.)
AL Code § 18-1A-230 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 13 - Dismissal and Abandonment.|Section 18-1A-230 - Involuntary Dismissal.

Section 18-1A-230Involuntary dismissal. 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. (Acts 1985, No. 85-548, p. 802, §1301.)
AL Code § 18-1A-231 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 13 - Dismissal and Abandonment.|Section 18-1A-231 - Voluntary Dismissal.

Section 18-1A-231Voluntary dismissal. 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. (Acts 1985, No. 85-548, p. 802, §1302.)
AL Code § 18-1A-232 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 13 - Dismissal and Abandonment.|Section 18-1A-232 - Award of Litigation Expenses.

Section 18-1A-232Award of litigation expenses. (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. (Acts 1985, No. 85-548, p. 802, §1303.)
AL Code § 18-1A-233 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 13 - Dismissal and Abandonment.|Section 18-1A-233 - Restitution of Property and Damages.

Section 18-1A-233Restitution of property and damages. 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. (Acts 1985, No. 85-548, p. 802, §1304.)
AL Code § 18-1A-250 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 15 - Arbitration of Compensation.|Section 18-1A-250 - Arbitration of Compensation Authorized; Noncompliance With Articles 2 and 3.

Section 18-1A-250Arbitration of compensation authorized; noncompliance with Articles 2 and 3. (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. (Acts 1985, No. 85-548, p. 802, §1501.)
AL Code § 18-1A-251 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 15 - Arbitration of Compensation.|Section 18-1A-251 - Enforceability of Agreement.

Section 18-1A-251Enforceability of agreement. 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. (Acts 1985, No. 85-548, p. 802, §1502.)
AL Code § 18-1A-252 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 15 - Arbitration of Compensation.|Section 18-1A-252 - When Agreement May Be Made; Effect on Right to Commence Condemnation Action.

Section 18-1A-252When agreement may be made; effect on right to commence condemnation action. 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. (Acts 1985, No. 85-548, p. 802, §1503.)