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https://law.justia.com/codes/alabama/title-18/chapter-1a/article-3/section-18-1a-52/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 3 - Proceedings Before Action.›Section 18-1A-52 - Bond for Damages Caused by Entry. | 2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 3 - Proceedings Before Action. › Section 18-1A-52 - Bond for Damages Caused by Entry. | Section 18-1A-52
Bond for damages caused by entry.
(a) An order permitting entry under Section 18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount that will fairly compensate the owner and any other person in lawful possession or physical occupancy of the property for damages for... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-3/section-18-1a-53/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 3 - Proceedings Before Action.›Section 18-1A-53 - Modification of Court Order Permitting Entry. | 2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 3 - Proceedings Before Action. › Section 18-1A-53 - Modification of Court Order Permitting Entry. | Section 18-1A-53
Modification of court order permitting entry.
(a) After notice and hearing, the circuit court may modify an order made under Section 18-1A-51.
(b) If a bond is required or the amount required is increased by an order of modification, the circuit court shall specify the time within which the required bo... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-3/section-18-1a-54/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 3 - Proceedings Before Action.›Section 18-1A-54 - Proceeding or Action to Recover Damages Caused by Entry; Payment of Damages. | 2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 3 - Proceedings Before Action. › Section 18-1A-54 - Proceeding or Action to Recover Damages Caused by Entry; Payment of Damages. | Section 18-1A-54
Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference with possession or use of, property caused by his entry and activities upon the property. This liability may be enforced in a subsequent condem... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-3/section-18-1a-55/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 3 - Proceedings Before Action.›Section 18-1A-55 - Offer to Purchase as Prerequisite to Condemnation Action. | 2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 3 - Proceedings Before Action. › Section 18-1A-55 - Offer to Purchase as Prerequisite to Condemnation Action. | Section 18-1A-55
Offer to purchase as prerequisite to condemnation action.
An action to condemn property may not be maintained over timely objection by the owner unless the condemnor has offered to acquire the property on the basis of its approved offer by purchase before commencing the action.
(Acts 1985, No. 85-548, ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-4/section-18-1a-70/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 4 - Commencement of Action by Condemnor.›Section 18-1A-70 - Procedure Generally. | 2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 4 - Commencement of Action by Condemnor. › Section 18-1A-70 - Procedure Generally. | Section 18-1A-70
Procedure generally.
The procedure for condemnation of property under the power of eminent domain is governed by the Alabama Rules of Civil Procedure except as otherwise provided in this chapter. The procedure in the probate courts shall be as provided in this chapter.
(Acts 1985, No. 85-548, p. 802, §... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-4/section-18-1a-71/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 4 - Commencement of Action by Condemnor.›Section 18-1A-71 - Commencement of Condemnation Action; Venue. | 2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 1A - Eminent Domain Generally. › Article 4 - Commencement of Action by Condemnor. › Section 18-1A-71 - Commencement of Condemnation Action; Venue. | Section 18-1A-71
Commencement of condemnation action; venue.
A condemnation action is commenced by filing a complaint for condemnation with the probate court in the county in which the property or any part thereof sought to be taken is located.
(Acts 1985, No. 85-548, p. 802, §402.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-4/section-18-1a-72/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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... | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-4/section-18-1a-73/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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 Owne... | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-4/section-18-1a-74/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 not... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-4/section-18-1a-75/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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; No... | 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 p... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-5/section-18-1a-90/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 awar... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-5/section-18-1a-91/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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)... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-5/section-18-1a-92/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 5 - Defendant's Response.›Section 18-1A-92 - Disclaimer. | 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 fi... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-5/section-18-1a-93/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 object... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-5/section-18-1a-94/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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, o... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-5/section-18-1a-95/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-6/section-18-1a-110/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-6/section-18-1a-111/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 obli... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-7/section-18-1a-130/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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, ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-7/section-18-1a-131/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-9/section-18-1a-150/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 am... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-9/section-18-1a-151/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 th... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-9/section-18-1a-152/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-9/section-18-1a-153/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-9/section-18-1a-154/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 pro... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-10/section-18-1a-170/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 o... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-10/section-18-1a-171/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 cons... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-10/section-18-1a-172/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 10 - Compensation.›Section 18-1A-172 - Fair Market Value Defined. | 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 elem... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-10/section-18-1a-173/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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... | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-10/section-18-1a-174/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-11/section-18-1a-190/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-11/section-18-1a-191/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-11/section-18-1a-192/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 pro... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-11/section-18-1a-193/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 w... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-11/section-18-1a-194/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 co... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-11/section-18-1a-195/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-11/section-18-1a-197/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-11/section-18-1a-196/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 e... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-12/section-18-1a-210/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-12/section-18-1a-211/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 compe... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-12/section-18-1a-212/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-12/section-18-1a-213/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 pla... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-12/section-18-1a-214/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 t... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-12/section-18-1a-215/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ab... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-12/section-18-1a-216/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 suc... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-13/section-18-1a-230/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 13 - Dismissal and Abandonment.›Section 18-1A-230 - Involuntary Dismissal. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-13/section-18-1a-231/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 13 - Dismissal and Abandonment.›Section 18-1A-231 - Voluntary Dismissal. | 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.
... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-13/section-18-1a-232/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 dismissa... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-13/section-18-1a-233/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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) deliv... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-15/section-18-1a-250/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 o... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-15/section-18-1a-251/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 arbitratio... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-15/section-18-1a-252/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 c... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-15/section-18-1a-253/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-15/section-18-1a-254/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-15/section-18-1a-255/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 15 - Arbitration of Compensation.›Section 18-1A-255 - Arbitration Procedure. | 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 sta... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-15/section-18-1a-256/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 r... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-15/section-18-1a-257/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.
... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-270/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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 Aff... | 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 corporat... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-271/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-272/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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... | 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 an... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-274/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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.... | 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 v... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-273/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 m... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-275/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 a... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-276/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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, ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-277/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-278/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-279/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-280/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-281/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 sha... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-282/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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 Depos... | 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 compensatio... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-283/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ser... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-284/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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 Giv... | 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 p... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-285/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-286/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-287/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 condemnatio... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-288/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 an... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-289/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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 Depos... | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-290/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-291/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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... | 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 p... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-292/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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... | 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 L... | 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 doubt... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-293/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 16 - Miscellaneous.›Section 18-1A-293 - Costs. | 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 sha... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-294/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-16/section-18-1a-295/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 t... |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-17/section-18-1a-310/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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.) |
https://law.justia.com/codes/alabama/title-18/chapter-1a/article-17/section-18-1a-311/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 18 - Eminent Domain.›Chapter 1A - Eminent Domain Generally.›Article 17 - Effective Date and Repealer.›Section 18-1A-311 - Application. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1b/section-18-1b-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1b/section-18-1b-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-1b/section-18-1b-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 t... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 Sectio... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 she... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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... | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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... | 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 ... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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;... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 damag... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 pl... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 himse... |
https://law.justia.com/codes/alabama/title-18/chapter-2/section-18-2-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›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. | 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 theret... |
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