reglab/statecodes huggingface dataset:
2023 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-72
Contents 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.)
2023 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-73
Joinder 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.)
2023 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-74
Service 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.)
2023 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-75
Recording 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.)
2023 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-90
When 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.)
2023 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-91
Contents 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.)
2023 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-92
Disclaimer.
(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.)
2023 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-93
Hearing 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.)
2023 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-94
Burden 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.)
2023 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-95
Disposition 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.)
2023 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-110
Motion 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.)
2023 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-111
Investment 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.)
2023 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-130
Discovery 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.)
2023 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-131
Admissibility 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.)
2023 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-150
Setting 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.)
2023 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-151
Demand 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.)
2023 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-152
Order 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.)
2023 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-153
Burden 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.)
2023 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-154
Separation 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.)
2023 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-170
Compensation 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.)
2023 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-171
Reduction 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.)
2023 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-172
Fair 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.)
2023 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-173
Effect 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.)
2023 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-174
Highest 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.)
2023 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-190
Scope 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.)
2023 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-191
View 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.)
2023 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-192
Opinion 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.)
2023 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-193
Evidence 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.)
2023 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-194
Evidence 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.)
2023 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-195
Opinion 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.)
2023 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-197
Factors 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.)
2023 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-196
Basis 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.)
2023 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-210
Contents 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.)
2023 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-211
Interest 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.)
2023 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-212
Crediting 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.)
2023 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-213
Performance 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.)
2023 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-214
Payment 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.)
2023 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-215
Effect 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.)
2023 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-216
Payment 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.)
2023 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-230
Involuntary 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.)
2023 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-231
Voluntary 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.)
2023 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-232
Award 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.)
2023 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-233
Restitution 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.)
2023 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-250
Arbitration 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.)
2023 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-251
Enforceability 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.)
2023 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-252
When 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.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 15 - Arbitration of Compensation. › Section 18-1A-253 - Effect of Pending Condemnation Action.

Section 18-1A-253
Effect of pending condemnation action.
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.
(Acts 1985, No. 85-548, p. 802, §1504.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 15 - Arbitration of Compensation. › Section 18-1A-254 - Absence of Concurrent Condemnation Action.

Section 18-1A-254
Absence of concurrent condemnation action.
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.
(Acts 1985, No. 85-548, p. 802, §1505.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 15 - Arbitration of Compensation. › Section 18-1A-255 - Arbitration Procedure.

Section 18-1A-255
Arbitration procedure.
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.
(Acts 1985, No. 85-548, p. 802, §1506.)