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2014 Code of Alabama
Title 18 - EMINENT DOMAIN.
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.
- 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.
- 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.
- 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.
- 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.
- Section 18-1A-110 - Motion for withdrawal of deposited funds before judgment.
- Section 18-1A-111 - Investment of deposit; allocation of interest.
- Section 18-1A-130 - Discovery and pretrial conferences.
- Section 18-1A-131 - Admissibility of evidence; permissible basis for witness' opinion.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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-274 - Acquisition of lands, etc., for viaducts and subways by railroad companies, etc., within municipalities.
- Section 18-1A-273 - Acquisition of easements for crossings by railroads, etc.
- 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.
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