2021 Code of Alabama
Title 18 - Eminent Domain.
Chapter 1A - Eminent Domain Generally.
Article 16 - Miscellaneous.
Section 18-1A-270 - Application to Probate Court for Order of Condemnation; Bond or Security and Affidavit Not Required of State or Counties; Authority From Governor to Bring Suit.
Section 18-1A-270
Application to probate court for order of condemnation; bond or security and affidavit not required of state or counties; authority from Governor to bring suit.
The State of Alabama, or any county, municipality, the University of Alabama, Auburn University, the University of Montevallo or any corporation organized under the laws of this state, or any person or association of persons, proposing to take lands, or to acquire an interest or easement therein, for any uses for which private property may be taken, may, if there be no other mode of proceeding prescribed by law, apply to the probate court of the county in which such lands, or a material portion thereof, may be situate, for an order of condemnation thereof to such uses. The state or any county may institute and maintain the proceedings herein authorized, in its own name, without giving bond or security or causing affidavit to be made, though the same may be required if the action were between private citizens. The written direction of the Governor to the attorney of record is a sufficient authority for bringing the suit.
(Acts 1985, No. 85-548, p. 802, §1601.)
