Alabama Chapter 1A — EMINENT DOMAIN GENERALLY.
Article 1 General Provisions and Definitions.
- Section 18-1A-1 — Short title.
- Section 18-1A-2 — Scope of chapter.
- Section 18-1A-3 — Definitions.
- Section 18-1A-4 — Compromise or settlement between parties.
- Section 18-1A-5 — Compliance with requirements for federal financial assistance.
Article 2 Policies Governing Land Acquisition.
- Section 18-1A-20 — Application of article.
- Section 18-1A-21 — Appraisal.
- Section 18-1A-22 — Offer to purchase at full appraised value; changes in fair market value caused by project or likelihood of acquiring property therefor to be disregarded; reduction in compensation based on benefits which may accrue from use of acquired property; written statement of basis for amount of compensation.
- Section 18-1A-23 — Payment or deposit before surrender of possession.
- Section 18-1A-24 — Notice to terminate occupancy.
- Section 18-1A-25 — Rental to former owner or tenant after property acquired.
- Section 18-1A-26 — Coercive action forbidden.
- Section 18-1A-27 — Offer to acquire uneconomic remnant.
- Section 18-1A-28 — Acquisition of improvements to be removed or adversely affected.
- Section 18-1A-29 — Compensation for tenant-owned improvements.
- Section 18-1A-30 — Expenses incidental to transfer of title; interest on award.
- Section 18-1A-31 — Waiver of failure to comply with Sections 18-1A-20 through 18-1A-30.
- Section 18-1A-32 — Condemnation action required; inverse condemnation.
- Section 18-1A-33 — Noncompliance with article does not affect validity of condemnor's interest; construction of article with federal law as to financial assistance.
Article 3 Proceedings Before Action.
- Section 18-1A-50 — Entry upon property for suitability studies.
- Section 18-1A-51 — Court order permitting entry.
- Section 18-1A-52 — Bond for damages caused by entry.
- Section 18-1A-53 — Modification of court order permitting entry.
- Section 18-1A-54 — Proceeding or action to recover damages caused by entry; payment of damages.
- Section 18-1A-55 — Offer to purchase as prerequisite to condemnation action.
Article 4 Commencement of Action by Condemnor.
- Section 18-1A-70 — Procedure generally.
- Section 18-1A-71 — Commencement of condemnation action; venue.
- 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-73 — Joinder of lands in same county in same complaint; separate hearing for each owner.
- Section 18-1A-74 — Service of process.
- Section 18-1A-75 — Recording notice of pending action; amendment of complaint after notice filed; notice of dismissal.
Article 5 Defendant's Response.
- Section 18-1A-90 — When answer required; disclaimer where no interest claimed.
- Section 18-1A-91 — Contents of answer; preliminary objections.
- Section 18-1A-92 — Disclaimer.
- Section 18-1A-93 — Hearing on preliminary objections.
- Section 18-1A-94 — Burden of proof at hearing on preliminary objections.
- Section 18-1A-95 — Disposition of preliminary objections; award of litigation expenses to defendant.
Article 6 Deposit and Possession Prior to Judgment.
- Section 18-1A-110 — Motion for withdrawal of deposited funds before judgment.
- Section 18-1A-111 — Investment of deposit; allocation of interest.
Article 7 Proceedings Before Trial.
- Section 18-1A-130 — Discovery and pretrial conferences.
- Section 18-1A-131 — Admissibility of evidence; permissible basis for witness's opinion.
Article 9 Procedure for Determining Just Compensation.
- Section 18-1A-150 — Setting for trial; separate trial of nonjury issues.
- Section 18-1A-151 — Demand for trial by jury; waiver; procedure for jury selection, etc.
- Section 18-1A-152 — Order of arguments and presentation of evidence.
- Section 18-1A-153 — Burden of proof.
- Section 18-1A-154 — Separation of issues of compensation and apportionment.
Article 10 Compensation.
- Section 18-1A-170 — Compensation standards; valuation in case of partial taking.
- Section 18-1A-171 — Reduction of compensation award because of incidental benefits from taking.
- Section 18-1A-172 — Fair market value defined.
- 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-174 — Highest and best use, a jury issue.
Article 11 Evidence in Condemnation Actions.
- Section 18-1A-190 — Scope of article.
- Section 18-1A-191 — View of the property taken.
- Section 18-1A-192 — Opinion evidence as to value.
- Section 18-1A-193 — Evidence supporting opinion as to value.
- Section 18-1A-194 — Evidence supporting opinion as to remainder value in partial taking.
- Section 18-1A-195 — Opinion of owner as to value.
- Section 18-1A-196 — Basis for opinion as to value.
- Section 18-1A-197 — Factors upon which opinion as to value may not be based.
Article 12 Judgment and Postjudgment Procedure.
- Section 18-1A-210 — Contents of judgment.
- Section 18-1A-211 — Interest on compensation awarded.
- Section 18-1A-212 — Crediting amounts paid or withdrawn from deposited funds.
- Section 18-1A-213 — Performance of work to reduce amount of award.
- Section 18-1A-214 — Payment of judgment by plaintiff; deduction of taxes from award.
- Section 18-1A-215 — Effect of failure to pay judgment.
- Section 18-1A-216 — Payment after judgment from funds deposited with court.
Article 13 Dismissal and Abandonment.
- Section 18-1A-230 — Involuntary dismissal.
- Section 18-1A-231 — Voluntary dismissal.
- Section 18-1A-232 — Award of litigation expenses.
- Section 18-1A-233 — Restitution of property and damages.
Article 15 Arbitration of Compensation.
- Section 18-1A-250 — Arbitration of compensation authorized; noncompliance with Articles 2 and 3.
- Section 18-1A-251 — Enforceability of agreement.
- Section 18-1A-252 — When agreement may be made; effect on right to commence condemnation action.
- Section 18-1A-253 — Effect of pending condemnation action.
- Section 18-1A-254 — Absence of concurrent condemnation action.
- Section 18-1A-255 — Arbitration procedure.
- Section 18-1A-256 — Abandonment of acquisition.
- Section 18-1A-257 — Recordation of agreement.
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-271 — Acquisition of lands, etc., for state prison system.
- Section 18-1A-272 — Acquisition of easements for connecting lines by foreign telegraph or telephone companies.
- Section 18-1A-273 — Acquisition of easements for crossings by railroads, etc.
- Section 18-1A-274 — Acquisition of lands, etc., for viaducts and subways by railroad companies, etc., within municipalities.
- Section 18-1A-275 — Guardian ad litem for infants or incompetents.
- Section 18-1A-276 — Hearing; order granting or refusing complaint.
- Section 18-1A-277 — Hearing to be conducted as in civil cases.
- Section 18-1A-278 — Who may appear at proceedings and trials.
- Section 18-1A-279 — Commissioners - Appointment; qualifications; certificate; vacancies.
- Section 18-1A-280 — Commissioners - Service of notice of appointment.
- Section 18-1A-281 — Commissioners - Assessment of damages and compensation; view; hearing.
- 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-283 — Appeal from order of condemnation.
- Section 18-1A-284 — Judgment not suspended by appeal if damages paid into probate court and bond given.
- Section 18-1A-285 — Separate bonds required in case of joint appeals.
- Section 18-1A-286 — Appeal to circuit court upon denial of application by probate court.
- Section 18-1A-287 — Order of condemnation on appeal.
- Section 18-1A-288 — Appeal from final judgment of circuit court.
- 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-290 — Time for payment of damages and compensation; effect of failure to pay damages.
- Section 18-1A-291 — Distribution of award - Filing of claims by owners or parties; determination of claims by probate court.
- 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-293 — Costs.
- Section 18-1A-294 — Probate court deemed open at all times.
- Section 18-1A-295 — Use of condemnation proceedings by institutions of higher learning.