reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 15 - Arbitration of Compensation. › Section 18-1A-256 - Abandonment of Acquisition.

Section 18-1A-256
Abandonment of acquisition.
(a) Subject to the requirements of subsection (b), an arbitration under this article may specify the terms and conditions, if any, under which the condemnor may abandon acquisition of the property.
(b) Unless the arbitration agreement expressly waives the property owner's right to reimbursement, in the event of abandonment of acquisition after an arbitration agreement has been entered into, he is entitled to recover from the condemnor:
(1) The same litigation expenses that would be recoverable upon dismissal of an action for the acquisition of the property; and
(2) All other expenses, not included in recoverable litigation expenses, reasonably and necessarily incurred by him in preparation for and in participating in the arbitration and in judicial proceedings in connection with the arbitration, including reasonable attorney, appraisal, and engineering fees.
(c) If abandonment of acquisition occurs after the rendition of an award in the arbitration proceedings, the amount of the expenses payable under this section shall be determined as an additional issue in the arbitration, unless the arbitration agreement expressly provides otherwise. If the abandonment occurs before the rendition of the award, the amount shall be determined by the court in a condemnation action, if one is commenced, or in any independent action brought against the condemnor.
(Acts 1985, No. 85-548, p. 802, §1507.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 15 - Arbitration of Compensation. › Section 18-1A-257 - Recordation of Agreement.

Section 18-1A-257
Recordation of agreement.
(a) An agreement under this article, or a memorandum summarizing its terms and describing the subject property, after being executed and acknowledged by the parties, may be recorded, or rerecorded, in the same manner and with the same effect as a conveyance of real property.
(b) The record of the agreement or summary of agreement ceases to be notice to any person for any purpose after two years following the date of recordation or rerecordation under subsection (a).
(Acts 1985, No. 85-548, p. 802, §1508.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-270 - Application to Probate Court for Order of Condemnation; Bond or Security and Affidavit Not Required of State or Counties; Authority From Governor to Bring Suit.

Section 18-1A-270
Application to probate court for order of condemnation; bond or security and affidavit not required of state or counties; authority from Governor to bring suit.
The State of Alabama, or any county, municipality, the University of Alabama, Auburn University, the University of Montevallo or any corporation organized under the laws of this state, or any person or association of persons, proposing to take lands, or to acquire an interest or easement therein, for any uses for which private property may be taken, may, if there be no other mode of proceeding prescribed by law, apply to the probate court of the county in which such lands, or a material portion thereof, may be situate, for an order of condemnation thereof to such uses. The state or any county may institute and maintain the proceedings herein authorized, in its own name, without giving bond or security or causing affidavit to be made, though the same may be required if the action were between private citizens. The written direction of the Governor to the attorney of record is a sufficient authority for bringing the suit.
(Acts 1985, No. 85-548, p. 802, §1601.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-271 - Acquisition of Lands, etc., for State Prison System.

Section 18-1A-271
Acquisition of lands, etc., for state prison system.
The Governor may cause proceedings to be instituted in the name of the State of Alabama for the acquirement by condemnation of any lands, rights-of-way or material needed for the use of the penitentiary, or the maintenance or operation of the prison system of the state, the purchase of which may be authorized by law. Such proceedings must be had in the probate court of the county in which such lands or other property, or a material part thereof, may be situated, and prosecuted in the name of the State of Alabama in accordance with the provisions of this chapter providing for the condemnation of lands for the public uses so far as the same may be applicable; except, that the application need not be certified, nor shall security for costs be required of the state.
(Acts 1985, No. 85-548, p. 802, §1602.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-272 - Acquisition of Easements for Connecting Lines by Foreign Telegraph or Telephone Companies.

Section 18-1A-272
Acquisition of easements for connecting lines by foreign telegraph or telephone companies.
A telegraph or telephone company, incorporated under the laws of another state, proposing to extend connecting lines into this state, may acquire an easement for the uses and purposes of such connecting lines and may pursue the mode of proceeding prescribed in this chapter.
(Acts 1985, No. 85-548, p. 802, §1603.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-274 - Acquisition of Lands, etc., for Viaducts and Subways by Railroad Companies, etc., Within Municipalities.

Section 18-1A-274
Acquisition of lands, etc., for viaducts and subways by railroad companies, etc., within municipalities.
Railroad companies and street railway companies may jointly or severally construct viaducts and subways in any municipality in this state by and with the consent of the municipality in which such viaduct or subway is to be constructed, and, to that end, such railroad companies and street railway companies may condemn all necessary property, lands, and interest and easements therein, including consequential damages to any property thereby injured or to be injured, as well as any property taken or destroyed or to be taken or destroyed.
Such condemnation proceedings may be had as provided by the general laws of this state governing the taking of lands or acquiring of interests therein for the uses for which private property may be taken, injured, or destroyed.
(Acts 1985, No. 85-548, p. 802, §1605.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-273 - Acquisition of Easements for Crossings by Railroads, Etc.

Section 18-1A-273
Acquisition of easements for crossings by railroads, etc.
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.
(Acts 1985, No. 85-548, p. 802, §1604.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-275 - Guardian Ad Litem for Infants or Incompetents.

Section 18-1A-275
Guardian ad litem for infants or incompetents.
If the owner of the lands or other party interested therein is an infant or is of unsound mind, the probate court, on the day appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian so appointed must file a written acceptance of the appointment, must appear and protect the rights and interests of such infant or person of unsound mind, and, if he deems it necessary, may employ counsel to assist him. The compensation of such guardian and of his counsel must be ascertained by the probate court and taxed as costs of the proceedings.
(Acts 1985, No. 85-548, p. 802, §1606.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-276 - Hearing; Order Granting or Refusing Complaint.

Section 18-1A-276
Hearing; order granting or refusing complaint.
The probate court shall conduct a hearing within 45 days after the filing of the complaint at which, on the day appointed, or any other day to which the hearing may be continued when necessary to provide reasonable notice or for other compelling reasons, the probate court must hear the allegations of the complaint, any objections which may be filed to the granting thereof, and any legal evidence touching the same and, within 10 days after the hearing, shall make an order granting or refusing the complaint.
(Acts 1985, No. 85-548, p. 802, §1607; Act 2005-168, p. 289, §1.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-277 - Hearing to Be Conducted as in Civil Cases.

Section 18-1A-277
Hearing to be conducted as in civil cases.
The hearing provided for in this chapter must in all respects be conducted and evidence taken as in civil cases at law, except as otherwise provided in this chapter.
(Acts 1985, No. 85-548, p. 802, §1608.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-278 - Who May Appear at Proceedings and Trials.

Section 18-1A-278
Who may appear at proceedings and trials.
Any person interested in the proceeding may be present in person or by attorney at any of the proceedings or trials provided for in this chapter.
(Acts 1985, No. 85-548, p. 802, §1609.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-279 - Commissioners - Appointment; Qualifications; Certificate; Vacancies.

Section 18-1A-279
Commissioners - Appointment; qualifications; certificate; vacancies.
If the complaint be granted, in whole or in part, within 10 days after the complaint is granted, the judge of probate must appoint three citizens of the county in which the lands sought to be condemned are situated, who shall possess the qualifications of jurors, who shall be disinterested, and who shall file a certificate along with their award that neither of them had ever been consulted, advised with, or approached by any person in reference to the value of the lands or the proceedings to condemn the same prior to the assessment of damages and that they knew nothing of the same prior to their appointment. The judge of probate may fill any vacancy occasioned by death, failure to act, or any disqualification of any such commissioners from interest, prior knowledge of the subject matter or being consulted with, advised with, or approached in reference to the condemnation of such lands prior to appointment or assessment of the damages.
(Acts 1985, No. 85-548, p. 802, §1610.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-280 - Commissioners - Service of Notice of Appointment.

Section 18-1A-280
Commissioners - Service of notice of appointment.
When the probate court shall have appointed the commissioners as provided in this chapter, it shall immediately issue notice of the appointment to the commissioners.
(Acts 1985, No. 85-548, p. 802, §1611.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-281 - Commissioners - Assessment of Damages and Compensation; View; Hearing.

Section 18-1A-281
Commissioners - Assessment of damages and compensation; view; hearing.
The commissioners thus appointed, or a majority of them, shall assess separately the damages and compensation to which the several owners and other parties interested in each of the several tracts of land are entitled, and they shall be sworn as jurors are sworn. The commissioners may view the lands to be subjected and must hold a hearing after notice to all parties to receive all legal evidence offered by any party touching the amount of damages the owners of the lands and other parties interested therein will sustain and the amount of compensation they are entitled to receive.
(Acts 1985, No. 85-548, p. 802, §1612.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-282 - Commissioners to Report Assessment; Issuance of Order of Condemnation Upon Deposit in Court or Payment of Damages, etc., Assessed; Notice of Order.

Section 18-1A-282
Commissioners to report assessment; issuance of order of condemnation upon deposit in court or payment of damages, etc., assessed; notice of order.
The commissioners must, within 20 days from their appointment, make a report in writing to the probate court stating the amount of damages and compensation ascertained and assessed by them for the owners of each tract of and, or persons injured and other parties interested therein, and thereupon, within seven days, the probate court must issue an order that the report be recorded and the property be condemned upon payment or deposit into the probate court of the damages and compensation so assessed. A notice of entry of said order and the amount of the award shall immediately be mailed by first class mail to each party whose address is known, together with a notice of the right to appeal therefrom to the circuit court within 30 days from the date of said order.
(Acts 1985, No. 85-548, p. 802, §1613.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-283 - Appeal From Order of Condemnation.

Section 18-1A-283
Appeal from order of condemnation.
Any of the parties may appeal from the order of condemnation to the circuit court of the county within 30 days from the making of the order of condemnation by filing in the probate court rendering that judgment a written notice of appeal, a copy of which shall be served on the opposite party or his attorney, and on such appeal, the trial shall be de novo, and it shall be necessary to send up the proceedings only as to the parties appearing or against whom an appeal is taken.
(Acts 1985, No. 85-548, p. 802, §1614.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-284 - Judgment Not Suspended by Appeal if Damages Paid Into Probate Court and Bond Given.

Section 18-1A-284
Judgment not suspended by appeal if damages paid into probate court and bond given.
No appeal shall suspend the judgment or deprive the applicant of the right of entry, provided the amount of the damages assessed for the parties who appeal or against whom an appeal is taken shall have been paid into probate court in money and a bond shall have been given in double the amount of such damage, with good and sufficient surety, to pay such damages as the property owners may sustain. Said amount of damages may be paid into probate court and said bond in double the amount of such damage, with good and sufficient surety, may be given at the time of taking the appeal or at any time thereafter that the applicant may desire the right of entry pending the appeal.
(Acts 1985, No. 85-548, p. 802, §1615.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-285 - Separate Bonds Required in Case of Joint Appeals.

Section 18-1A-285
Separate bonds required in case of joint appeals.
In case more than one party appeals or appeal is taken against more than one, there shall be separate bonds given for each tract of land involved, as provided in Section 18-1A-284 to each one so appealing or appealed against.
(Acts 1985, No. 85-548, p. 802, §1616.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-286 - Appeal to Circuit Court Upon Denial of Application by Probate Court.

Section 18-1A-286
Appeal to circuit court upon denial of application by probate court.
If the probate court refuses to grant the application, the applicant shall have a right of appeal to the circuit court upon giving security for costs, to be approved by the judge of probate, and upon such appeal the trial shall be de novo. Upon any appeal taken to the circuit court under this section, if such circuit court determines that the application should be granted, it shall immediately proceed either to have the damages and compensation assessed as provided in Section 18-1A-151 or grant the condemnor the right of entry upon deposit of the amount of its approved offer into circuit court together with a bond in double the amount as provided in Section 18-1A-284. In such latter event the valuation issue shall be determined as provided in Section 18-1A-151 as may be set by the circuit court.
(Acts 1985, No. 85-548, p. 802, §1617.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-287 - Order of Condemnation on Appeal.

Section 18-1A-287
Order of condemnation on appeal.
Upon the payment of the damages so assessed to the owner or other party interested therein and the payment of costs of suit into circuit court, or upon the payment of the damages and costs of suit into circuit court, the circuit court shall make an order of condemnation in accordance with the application upon the trial in the circuit court to which the appeal is taken.
(Acts 1985, No. 85-548, p. 802, §1618.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-288 - Appeal From Final Judgment of Circuit Court.

Section 18-1A-288
Appeal from final judgment of circuit court.
After entry of final judgment in the circuit court, any party may, within 42 days thereafter, upon giving bond or security for costs as in other cases, file a notice of appeal to the court of civil appeals where the amount involved, exclusive of interest and costs, does not exceed $10,000.00. Where the amount involved, exclusive of interest and costs, exceeds $10,000.00, such appeal shall be to the supreme court.
(Acts 1985, No. 85-548, p. 802, §1619.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-289 - Effect of Order of Condemnation; Right of Entry, etc., Pending Appeal Upon Deposit of Damages, Compensation, and Costs; Effect of Appeal Upon Condemnation Order.

Section 18-1A-289
Effect of order of condemnation; right of entry, etc., pending appeal upon deposit of damages, compensation, and costs; effect of appeal upon condemnation order.
The order of condemnation, upon the payment of the sum ascertained and assessed by the verdict of the circuit court, or the bond thereof in the circuit court for the defendant, shall vest in the applicant the property or property right proposed to be acquired for the uses and purposes stated in the application and for no other uses or purposes. But if an appeal shall be taken by any party, then the person, corporation or association seeking to acquire such property or property right, upon the deposit in the circuit court for the party whose land or interest therein is sought to be condemned of the amount of damages and compensation so assessed, together with the costs of the proceeding, shall be entitled to enter upon the lands so condemned and to survey, construct, and operate on the same for the uses and purposes stated in the application, but such property or property right shall not vest absolutely in such person, corporation, or association until the final determination of the cause and the payment or deposit in circuit court of such damages and compensation as shall then be adjudged.
(Acts 1985, No. 85-548, p. 802, §1620.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-290 - Time for Payment of Damages and Compensation; Effect of Failure to Pay Damages.

Section 18-1A-290
Time for payment of damages and compensation; effect of failure to pay damages.
The condemnor may pay the damages and compensation assessed at any time within 90 days after the assessment thereof, or, in case an appeal is taken, within 60 days after the appeal is determined, but if he fails to pay the same within such time, such assessment shall cease to be binding on the owner of the lands or other party interested therein, and the rights of the plaintiff thereunder shall cease to be binding and the complaint shall be dismissed, and, upon such dismissal, the plaintiff shall be liable to the owner or other party as provided in Article 13 for all damages the latter may have sustained by the institution of such proceedings, including a reasonable attorney's fee for defending the same.
(Acts 1985, No. 85-548, p. 802, §1621.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-291 - Distribution of Award - Filing of Claims by Owners or Parties; Determination of Claims by Probate Court.

Section 18-1A-291
Distribution of award - Filing of claims by owners or parties; determination of claims by probate court.
Any one of the owners or parties alleged in the complaint to own or hold any claim, interest or title in the lands sought to be condemned may, after the granting of the application, file with the probate court his claim for his part or division of the award made by commissioners; and upon the filing of such claim and upon the payment by the plaintiff into probate court of such award, the probate court shall set down for hearing the claim so filed by such party and determine the same. Upon such determination, the probate court shall distribute the funds to each of the parties so entitled thereto in the sum and manner in which the facts disclosed upon the hearing show each of said parties to be so entitled, less all court costs arising from the filing of each such claim.
(Acts 1985, No. 85-548, p. 802, §1622; Acts 1996, No. 96-558, p. 828, §1.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-292 - Distribution of Award - Proceedings When Claims Not Filed and Court Doubtful as to Proper Distribution; Assertion of Adverse Claim or Title Involving Determination of Title to Land.

Section 18-1A-292
Distribution of award - Proceedings when claims not filed and court doubtful as to proper distribution; assertion of adverse claim or title involving determination of title to land.
The probate court may, in the event no such claims are filed by any of such parties and where the probate court is doubtful as to a proper division, require the parties in interest to propound their claims and to hear evidence upon the same in order that the probate court may determine to what part or proportion of said award each of said parties may be rightly entitled. No division or partition for distribution shall be made by the probate court under this section when any adverse claim or title is asserted by any one of the interested parties, which involves the determination of the title to land, and the procedure for partition or distribution under this section shall follow as near as may be the manner provided for the partition of property in chapter 6 of Title 35; except, that no parties in interest shall be added over the objection of any party to those made defendants in the application to condemn, and the hearing shall be confined to such parties so named or added without objection; and when any claim is denied by any party in interest, which involves the determination of the title to land, the probate court shall transmit to the circuit court the said claims and denials filed in the probate court and also the amount of the commissioners' award, less the proper court costs arising from the filing of such claims and denials; and the circuit court shall proceed to determine the matter as provided by law.
(Acts 1985, No. 85-548, p. 802, §1623.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-293 - Costs.

Section 18-1A-293
Costs.
The costs of the complaint and proceedings thereunder up to and through the entry of final judgment, including the compensation of commissioners, must be adjudged and assessed against the plaintiff and its surety for costs for which execution may issue. The commissioner's fees in every case shall be set and determined by the probate judge and entered by separate order by the probate judge.
(Acts 1985, No. 85-548, p. 802, §1624; Acts 1996, No. 96-558, p. 828, §1.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-294 - Probate Court Deemed Open at All Times.

Section 18-1A-294
Probate court deemed open at all times.
The court of probate must be deemed always open for the filing and trial of all applications made under this chapter.
(Acts 1985, No. 85-548, p. 802, §1625.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 16 - Miscellaneous. › Section 18-1A-295 - Use of Condemnation Proceedings by Institutions of Higher Learning.

Section 18-1A-295
Use of condemnation proceedings by institutions of higher learning.
(a) Whenever any institution of higher learning created by legislative act or by the state constitution and whose governing boards' powers are derived by state statute or from the constitution needs any land or interest therein near the campus of the institution for its educational purposes and the owner thereof is a minor or an insane person, or refuses to sell the land to the state for use of the institution, or will not agree with the board of trustees or the president on a price therefor, the trustees are hereby authorized to institute in the probate court of the county in which the land is located proceedings in the name of the state, to condemn such land, which proceedings shall be conducted as nearly as possible in accordance with the provisions of Chapters 1 and 1A of Title 18. It shall be the duty of the trustees to pay out of the funds of the institution all costs of every condemnation proceeding instituted by them under the power hereby conferred.
(b) This section shall be supplemental to all other laws of this state relating to the acquisition of property and to the exercise of the power of eminent domain. In the event of conflict between this section and any other law relating to acquisition of property and the power of eminent domain, the provisions of this section shall prevail.
(Acts 1987, No. 87-765, p. 1493, §§1, 3.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 17 - Effective Date and Repealer. › Section 18-1A-310 - Inconsistent Provisions in Other Laws Superseded.

Section 18-1A-310
Inconsistent provisions in other laws superseded.
Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general or special, the provisions of this chapter shall be controlling.
(Acts 1985, No. 85-548, p. 802, §1701.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 17 - Effective Date and Repealer. › Section 18-1A-311 - Application.

Section 18-1A-311
Application.
(a) Articles 1 through 5 of this chapter apply only to condemnation actions commenced on or after January 1, 1986.
(b) Article 1 and Articles 6 through 16 of this chapter apply to the fullest extent practicable to pending condemnation actions commenced before January 1, 1986, with respect to issues on which a judgment has not been entered, and with respect to issues that are retried on or after January 1, 1986, pursuant to an order of a trial or appellate court.
(c) In any condemnation action in which an appeal or a motion to modify or vacate the verdict or judgment, or to grant a new trial, was pending on January 1, 1986, the law applicable before January 1, 1986, governs the determination of the appeal or motion.
(Acts 1985, No. 85-548, p. 802, §1704.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1B - Limitation on Condemnation of Property by State, County, or Municipality. › Section 18-1B-1 - Statement of Legislative Intent.

Section 18-1B-1
Statement of legislative intent.
In light of the decision and certain opinions recently announced by the United States Supreme Court interpreting the extent of the power of government to take property for public use as described in the Fifth Amendment to the United States Constitution and providing that individual states may restrict the exercise of that power, the Legislature intends in enacting this chapter and amending Sections 11-47-170 and 11-80-1, to ensure that governmental bodies in Alabama vested with all or any part of the power of eminent domain may not, the aforesaid recent interpretation of the Fifth Amendment to the contrary notwithstanding, use the power to take the private property of any person for the private use of another, as opposed to the use thereof by the public generally, except as and in the limited circumstances set out in this chapter and Sections 11-47-170 and 11-80-1.
(Act 2005-313, 1st Sp. Sess., p. 643, §1.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1B - Limitation on Condemnation of Property by State, County, or Municipality. › Section 18-1B-2 - Limitations on Condemnation.

Section 18-1B-2
Limitations on condemnation.
(a) Neither the State of Alabama, nor any of its departments, divisions, agencies, commissions, corporations, boards, authorities, or other entities, nor any agency, corporation, district, board, or other entity organized by or under the control of any municipality or county in the state and vested by law to any extent whatsoever with the power of eminent domain may condemn property for the purpose of nongovernmental retail, office, commercial, residential, or industrial development or use or to primarily condemn a mortgage or deed of trust; provided, however, the foregoing provisions of this subsection shall not apply to the exercise of the powers of eminent domain by any county, municipality, housing authority, or other public entity based upon a finding of blight in an area covered by any redevelopment plan or urban renewal plan pursuant to Chapters 2 and 3 of Title 24, provided the purpose of the exercise of the powers of eminent domain pursuant to Chapters 2 and 3 of Title 24 is not primarily to acquire a mortgage or deed of trust, or to the exercise of eminent domain by or for the benefit of public utilities or other entities engaged in the generation, transmission, or distribution of telephone, gas, electricity, water, sewer, or other utility products or services. Nothing in this section shall be interpreted to prohibit the state or a municipal or county governing body from exercising the power of eminent domain for the purpose of constructing, maintaining, or operating streets and roadways, government buildings, or park and recreation facilities.
(b) Property condemned by an entity described in subsection (a), if not ever used for the purpose or purposes for which it was condemned or for some other public use, that is subsequently determined to be sold, shall be first offered for sale to the person or persons from whom the property was condemned, or his or her known or ascertainable heirs or assigns, at the price which was paid for the property, less such amount, if any, as the person shall show by good and sufficient documentation to be the amount of income and transaction taxes, if any, actually paid in connection therewith, and if the offer shall not be accepted within 90 days from the date it is made, the property may be sold to any other person or persons but only at public sale after legal notice is given.
(Act 2005-313, 1st Sp. Sess., p. 643, §3; Act 2015-39, §1.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1B - Limitation on Condemnation of Property by State, County, or Municipality. › Section 18-1B-3 - Condemnation of Property Encumbered by Mortgage or Deed of Trust.

Section 18-1B-3
Condemnation of property encumbered by mortgage or deed of trust.
Nothing in Act 2015-39 shall be construed to limit the power of a governmental entity to condemn through powers of eminent domain property that may be encumbered by a mortgage or deed of trust if there is a public use for the property as authorized under Alabama's constitution and the laws of this state; provided, however, that under no circumstances shall condemnation of a mortgage or deed of trust exclusively be deemed a public use.
(Act 2015-39, §2.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-1 - Right of Property Owner to Erect Dam.

Section 18-2-1
Right of property owner to erect dam.
A dam for any gristmill, sawmill, gin, factory or plant to generate electricity by water power to be operated for the public may be erected across any watercourse, not a navigable stream, by the owner in fee of the land on both sides of the stream, or on one side at the place where the dam is proposed to be erected, by proceeding as provided in this chapter.
(Code 1852, §2089; Code 1867, §2481; Code 1876, §3555; Code 1886, §3184; Code 1896, §1727; Code 1907, §3888; Code 1923, §7507; Code 1940, T. 19, §34.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-2 - Application to Probate Court.

Section 18-2-2
Application to probate court.
For authority to erect such dam, application in writing, verified by affidavit, must be made to the probate court of the county in which it is proposed to erect the mill, gin, factory or electric light plant, if by the owner of the land on both sides of the stream or if by the owner of the land on one side only, to the court of probate of the county in which the land on the opposite side of the stream, abutting the proposed site of the dam, lies.
(Code 1852, §§2090, 2091; Code 1867, §§2482, 2483; Code 1876, §§3556, 3557; Code 1886, §3185; Code 1896, §1728; Code 1907, §3889; Code 1923, §7508; Code 1940, T. 19, §35.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-3 - Contents of Application.

Section 18-2-3
Contents of application.
Such application must set forth the right of the applicant to make the same, the purpose for which the dam is to be erected, a description of the land by sectional divisions and subdivisions, township and range, the name of the watercourse, if it has a name, the side on which the mill, gin or factory is to be erected and the proposed height of the dam. If the application is made by the owner of the land on one side only, he shall also set forth therein the name of the owner of the land on the opposite side on which the proposed dam is to abut, his residence, if known, and whether such owner is a minor or of full age; and, if such owner of the land on the opposite side is of unsound mind, that fact must also be stated.
(Code 1852, §§2092, 2093; Code 1867, §§2484, 2485; Code 1876, §§3558, 3559; Code 1886, §3186; Code 1896, §1729; Code 1907, §3890; Code 1923, §7509; Code 1940, T. 19, §36.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-4 - Notice to Owner of Land on Opposite Side of Stream Abutting Proposed Dam Site.

Section 18-2-4
Notice to owner of land on opposite side of stream abutting proposed dam site.
If application is filed by the owner of the land on one side of a stream only, notice must be given to the owner of the land on the opposite side by serving him in the same manner as is provided for service of owners in Section 18-1-8, and if the owner be a minor or person of unsound mind, a guardian ad litem must be appointed as provided in Section 18-1A-275.
(Code 1852, §§2095-2097; Code 1867, §§2487-2489; Code 1876, §§3561-3563; Code 1886, §§3188, 3189; Code 1896, §§1730, 1731; Code 1907, §§3891, 3892; Code 1923, §§7510, 7511; Code 1940, T. 19, §37.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-5 - Issuance of Writ Upon Filing of Application.

Section 18-2-5
Issuance of writ upon filing of application.
On the filing of such application, the judge of probate must issue to the sheriff a writ, setting forth the substantial averments contained in the application, the name of the applicant and the place where it is proposed to erect the dam and commanding the sheriff to summon seven disinterested freeholders of the county to meet at the place where the dam is to be erected, on a day to be specified in the writ, not less than 15 nor more than 30 days after the filing of the application, and then and there to inquire touching the matter contained therein.
(Code 1852, §2094; Code 1867, §2486; Code 1876, §3560; Code 1886, §3187; Code 1896, §1732; Code 1907, §3893; Code 1923, §7512; Code 1940, T. 19, §38.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-6 - Sheriff and Jury to Appear on Date Designated for Inquest; Charge to and Duties of Jury Generally.

Section 18-2-6
Sheriff and jury to appear on date designated for inquest; charge to and duties of jury generally.
The sheriff and the jury must attend on the day appointed, and after the jury are sworn by the sheriff to discharge their duties fairly and to the best of their ability, they must be charged by him:
(1) To examine the land above and below belonging to others, which may probably be overflowed or injured, and to ascertain and assess the damages resulting from the erection of such dam to the several owners of such lands.
(2) To ascertain whether the residence of any of such owners, or the outhouses, inclosures, gardens or orchards thereto immediately belonging will be overflowed.
(3) To ascertain whether the health of the neighborhood will probably be endangered.
(4) To ascertain whether any other mill, gin, factory or waterworks will be overflowed.
(Code 1852, §2098; Code 1867, §2490; Code 1876, §3564; Code 1886, §3190; Code 1896, §1733; Code 1907, §3894; Code 1923, §7513; Code 1940, T. 19, §39.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-7 - Jury to Assess Value, etc., of One Acre of Land on Opposite Side of Stream Abutting Proposed Dam Site Where Applicant Not Owner of Land on Both Sides.

Section 18-2-7
Jury to assess value, etc., of one acre of land on opposite side of stream abutting proposed dam site where applicant not owner of land on both sides.
If the applicant is not the owner of the land on both sides of the stream, the jury must also be charged to ascertain and assess the value of one acre of land on the opposite side, to include the place where the proposed dam would abut, and to locate and circumscribe the same by metes and bounds, having a due regard to the interests of all parties.
(Code 1852, §2099; Code 1867, §2491; Code 1876, §3565; Code 1886, §3191; Code 1896, §1734; Code 1907, §3895; Code 1923, §7514; Code 1940, T. 19, §40.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-8 - Inquest of Jury to Be Executed, Signed and Returned.

Section 18-2-8
Inquest of jury to be executed, signed and returned.
The inquest of the jury must be reduced to writing, signed by a majority of them and delivered to the sheriff, and by him returned in five days thereafter to the court of probate.
(Code 1852, §2100; Code 1867, §2492; Code 1876, §3566; Code 1886, §3192; Code 1896, §1735; Code 1907, §3896; Code 1923, §7515; Code 1940, T. 19, §41.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-9 - Summons to Landowners to Appear and Show Cause Against Grant of Application.

Section 18-2-9
Summons to landowners to appear and show cause against grant of application.
On the return of the inquest, summons must issue from the court of probate to the owner of the acre of land, if the same is assessed by the jury, and also the several owners of the land found by the inquest to be liable to damage, to appear before him on a day named in the summons, and show cause, if any they have, why the applicant should not have permission to erect his dam.
(Code 1852, §2101; Code 1867, §2493; Code 1876, §3567; Code 1886, §3193; Code 1896, §1736; Code 1907, §3897; Code 1923, §7516; Code 1940, T. 19, §42.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-10 - Notice of Hearing to Show Cause Against Grant of Application.

Section 18-2-10
Notice of hearing to show cause against grant of application.
Ten days' notice must be given to the several owners of such land to show cause, if any they have, against such application, by personal service, if to be found in the county, or if not, by posting up a copy of such notice at a conspicuous place on the several tracts of the owners who cannot be so found.
(Code 1852, §2102; Code 1867, §2494; Code 1876, §3568; Code 1886, §3194; Code 1896, §1737; Code 1907, §3898; Code 1923, §7517; Code 1940, T. 19, §43.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-11 - Persons Permitted to Contest Application.

Section 18-2-11
Persons permitted to contest application.
In all applications under this chapter, any person making affidavit that he is interested against the same and giving security for the costs, if he fails to defeat such application, must, at any time before such application is granted, be permitted to make himself a party and to contest the application.
(Code 1852, §2110; Code 1867, §2502; Code 1876, §3576; Code 1886, §3202; Code 1896, §1744; Code 1907, §3905; Code 1923, §7524; Code 1940, T. 19, §50.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-12 - Denial or Grant of Application.

Section 18-2-12
Denial or grant of application.
If on the day appointed to show cause, or any other day to which the matter may be continued, it appears to the court from the inquest or from evidence introduced that the residence of any owner, or the outhouses, inclosures, garden or orchard immediately belonging thereto, will probably be overflowed, or that the health of the neighborhood will probably be endangered, or that any other mill, gin, factory or waterworks will probably be overflowed, the court must not grant the application; but, if such results will not probably ensue, the application must be granted.
(Code 1852, §2103; Code 1867, §2495; Code 1876, §3569; Code 1886, §3195; Code 1896, §1738; Code 1907, §3899; Code 1923, §7518; Code 1940, T. 19, §44.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-13 - Time for Payment of Assessment Upon Grant of Application; Effect of Failure to Make Payment.

Section 18-2-13
Time for payment of assessment upon grant of application; effect of failure to make payment.
If the application is granted, the applicant must, within three months thereafter, pay to the several owners or to the judge of probate for their use, the sums severally assessed, and a failure to make payment within such time operates as a revocation of the grant.
(Code 1852, §2104; Code 1867, §2496; Code 1876, §3570; Code 1886, §3196; Code 1896, §1739; Code 1907, §3900; Code 1923, §7519; Code 1940, T. 19, §45.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-14 - Estate in Fee in Acre of Land to Vest Upon Compliance With Certain Conditions.

Section 18-2-14
Estate in fee in acre of land to vest upon compliance with certain conditions.
On making such payment, the applicant is vested with a qualified estate in fee to the acre of land located and circumscribed by the jury, such estate to become absolute on performance of the following conditions:
(1) That the dam or mill, gin or factory be commenced within one year and finished within three years from the date of the grant.
(2) That whenever the dam or mill, gin or factory is destroyed or materially impaired, the same must be rebuilt or repaired within three years thereafter.
But if the owner of such dam is an infant or person of unsound mind, he is allowed the same length of time, after the removal of such disability, to commence, finish, repair or rebuild.
(Code 1852, §2105; Code 1867, §2497; Code 1876, §3571; Code 1886, §3197; Code 1896, §1740; Code 1907, §3901; Code 1923, §7520; Code 1940, T. 19, §46.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-15 - Effect of Noncompliance With Conditions.

Section 18-2-15
Effect of noncompliance with conditions.
On failure to comply with the conditions prescribed in Section 18-2-14, the land reverts to its former owner or his heirs.
(Code 1852, §2106; Code 1867, §2498; Code 1876, §3572; Code 1886, §3198; Code 1896, §1741; Code 1907, §3902; Code 1923, §7521; Code 1940, T. 19, §47.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-16 - Proceedings When Construction of Canal or Ditch Through Adjoining Lands Necessary.

Section 18-2-16
Proceedings when construction of canal or ditch through adjoining lands necessary.
When such land joins other lands and it is necessary for the erection of the mill, gin or factory to dig a ditch or canal through such other lands, the application must be made to the court of probate of the county in which the lands, through which the ditch or canal is proposed to be dug, lie, and the writ must be obtained, inquest held, notice given, inquest returned, the owners of other lands summoned to show cause, the application granted or refused and damages paid in the same manner as in other cases provided for in this chapter.
(Code 1852, §2107; Code 1867, §2499; Code 1876, §3573; Code 1886, §3199; Code 1896, §1742; Code 1907, §3903; Code 1923, §7522; Code 1940, T. 19, §48.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-17 - Application to Probate Court to Raise Dam.

Section 18-2-17
Application to probate court to raise dam.
An owner or proprietor of any dam erected under this chapter may raise the same on application to the court of probate, and on such application, the same proceedings must be had as on the first application.
(Code 1852, §2108; Code 1867, §2500; Code 1876, §3574; Code 1886, §3200; Code 1896, §1743; Code 1907, §3904; Code 1923, §7523; Code 1940, T. 19, §49.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-18 - Liability for Building or Raising Dam Without Authority.

Section 18-2-18
Liability for building or raising dam without authority.
Any person who builds or raises a dam or other obstruction across any watercourse, except as authorized by law, and thereby works any injury to any other person, by overflowing his land or in any other way, is liable to such person for double damages for such injury; and he may, if the same is a nuisance to the neighborhood, be prosecuted therefor.
(Code 1852, §2111; Code 1867, §2503; Code 1876, §3577; Code 1886, §3203; Code 1896, §1745; Code 1907, §3906; Code 1923, §7525; Code 1940, T. 19, §51.)