reglab/housing_qa huggingface dataset:
AL Code § 18-1A-55 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 3 - Proceedings Before Action.|Section 18-1A-55 - Offer to Purchase as Prerequisite to Condemnation Action.

Section 18-1A-55Offer to purchase as prerequisite to condemnation action. 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. (Acts 1985, No. 85-548, p. 802, §306.)
AL Code § 18-1A-70 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 4 - Commencement of Action by Condemnor.|Section 18-1A-70 - Procedure Generally.

Section 18-1A-70Procedure generally. 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. (Acts 1985, No. 85-548, p. 802, §401.)
AL Code § 18-1A-71 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 4 - Commencement of Action by Condemnor.|Section 18-1A-71 - Commencement of Condemnation Action; Venue.

Section 18-1A-71Commencement of condemnation action; venue. 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. (Acts 1985, No. 85-548, p. 802, §402.)
AL Code § 18-1A-72 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 4 - Commencement of Action by Condemnor.|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.

Section 18-1A-72Contents of complaint; property already subject to public use; easement to cross line of another railroad; map or diagram to accompany complaint. (a) In addition to other allegations required or permitted by 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. (Acts 1985, No. 85-548, p. 802, §403.)
AL Code § 18-1A-73 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 4 - Commencement of Action by Condemnor.|Section 18-1A-73 - Joinder of Lands in Same County in Same Complaint; Separate Hearing for Each Owner.

Section 18-1A-73Joinder of lands in same county in same complaint; separate hearing for each owner. (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. (Acts 1985, No. 85-548, p. 802, §404.)
AL Code § 18-1A-74 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 4 - Commencement of Action by Condemnor.|Section 18-1A-74 - Service of Process.

Section 18-1A-74Service of process. (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. (Acts 1985, No. 85-548, p. 802, §405.)
AL Code § 18-1A-75 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 4 - Commencement of Action by Condemnor.|Section 18-1A-75 - Recording Notice of Pending Action; Amendment of Complaint After Notice Filed; Notice of Dismissal.

Section 18-1A-75Recording notice of pending action; amendment of complaint after notice filed; notice of dismissal. (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. (Acts 1985, No. 85-548, p. 802, §406.)
AL Code § 18-1A-90 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 5 - Defendant's Response.|Section 18-1A-90 - When Answer Required; Disclaimer Where No Interest Claimed.

Section 18-1A-90When answer required; disclaimer where no interest claimed. 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. (Acts 1985, No. 85-548, p. 802, §501.)
AL Code § 18-1A-91 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 5 - Defendant's Response.|Section 18-1A-91 - Contents of Answer; Preliminary Objections.

Section 18-1A-91Contents of answer; preliminary objections. (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. (Acts 1985, No. 85-548, p. 802, §502.)
AL Code § 18-1A-92 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 5 - Defendant's Response.|Section 18-1A-92 - Disclaimer.

Section 18-1A-92Disclaimer. (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. (Acts 1985, No. 85-548, p. 802, §503.)
AL Code § 18-1A-93 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 5 - Defendant's Response.|Section 18-1A-93 - Hearing on Preliminary Objections.

Section 18-1A-93Hearing on preliminary objections. 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. (Acts 1985, No. 85-548, p. 802, §504.)
AL Code § 18-1A-94 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 5 - Defendant's Response.|Section 18-1A-94 - Burden of Proof at Hearing on Preliminary Objections.

Section 18-1A-94Burden of proof at hearing on preliminary objections. (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. (Acts 1985, No. 85-548, p. 802, §505.)
AL Code § 18-1A-95 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 5 - Defendant's Response.|Section 18-1A-95 - Disposition of Preliminary Objections; Award of Litigation Expenses to Defendant.

Section 18-1A-95Disposition of preliminary objections; award of litigation expenses to defendant. (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. (Acts 1985, No. 85-548, p. 802, §506.)
AL Code § 18-1A-110 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 6 - Deposit and Possession Prior to Judgment.|Section 18-1A-110 - Motion for Withdrawal of Deposited Funds Before Judgment.

Section 18-1A-110Motion for withdrawal of deposited funds before judgment. 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. (Acts 1985, No. 85-548, p. 802, §601.)
AL Code § 18-1A-111 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 6 - Deposit and Possession Prior to Judgment.|Section 18-1A-111 - Investment of Deposit; Allocation of Interest.

Section 18-1A-111Investment of deposit; allocation of interest. 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. (Acts 1985, No. 85-548, p. 802, §602.)
AL Code § 18-1A-130 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 7 - Proceedings Before Trial.|Section 18-1A-130 - Discovery and Pretrial Conferences.

Section 18-1A-130Discovery and pretrial conferences. 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. (Acts 1985, No. 85-548, p. 802, §701.)
AL Code § 18-1A-131 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 7 - Proceedings Before Trial.|Section 18-1A-131 - Admissibility of Evidence; Permissible Basis for Witness' Opinion.

Section 18-1A-131Admissibility of evidence; permissible basis for witness' opinion. 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. (Acts 1985, No. 85-548, p. 802, §702.)
AL Code § 18-1A-150 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 9 - Procedure for Determining Just Compensation.|Section 18-1A-150 - Setting for Trial; Separate Trial of Nonjury Issues.

Section 18-1A-150Setting for trial; separate trial of nonjury issues. (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. (Acts 1985, No. 85-548, p. 802, §901.)
AL Code § 18-1A-151 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 9 - Procedure for Determining Just Compensation.|Section 18-1A-151 - Demand for Trial by Jury; Waiver; Procedure for Jury Selection, Etc.

Section 18-1A-151Demand for trial by jury; waiver; procedure for jury selection, etc. (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. (Acts 1985, No. 85-548, p. 802, §902.)
AL Code § 18-1A-152 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 9 - Procedure for Determining Just Compensation.|Section 18-1A-152 - Order of Arguments and Presentation of Evidence.

Section 18-1A-152Order of arguments and presentation of evidence. 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. (Acts 1985, No. 85-548, p. 802, §903.)
AL Code § 18-1A-153 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 9 - Procedure for Determining Just Compensation.|Section 18-1A-153 - Burden of Proof.

Section 18-1A-153Burden of proof. No party has the burden of proof on the issue of the amount of compensation. (Acts 1985, No. 85-548, p. 802, §904.)
AL Code § 18-1A-154 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 9 - Procedure for Determining Just Compensation.|Section 18-1A-154 - Separation of Issues of Compensation and Apportionment.

Section 18-1A-154Separation of issues of compensation and apportionment. 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. (Acts 1985, No. 85-548, p. 802, §905.)
AL Code § 18-1A-170 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 10 - Compensation.|Section 18-1A-170 - Compensation Standards; Valuation in Case of Partial Taking.

Section 18-1A-170Compensation standards; valuation in case of partial taking. (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. (Acts 1985, No. 85-548, p. 802, §§906, 1001.)
AL Code § 18-1A-171 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 10 - Compensation.|Section 18-1A-171 - Reduction of Compensation Award Because of Incidental Benefits From Taking.

Section 18-1A-171Reduction of compensation award because of incidental benefits from taking. 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. (Acts 1985, No. 85-548, p. 802, §1002; Act 2000-676, p. 1365, §2.)
AL Code § 18-1A-172 (2021)
2021 Code of Alabama|Title 18 - Eminent Domain.|Chapter 1A - Eminent Domain Generally.|Article 10 - Compensation.|Section 18-1A-172 - Fair Market Value Defined.

Section 18-1A-172Fair market value defined. 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. (Acts 1985, No. 85-548, p. 802, §1003.)