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Alabama Code (Last Updated: November 28, 2014) |
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Title18 EMINENT DOMAIN. |
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Chapter1A. EMINENT DOMAIN GENERALLY. |
| Article 1. General Provisions and Definitions. |
| § 18-1A-1. Short title. |
| § 18-1A-2. Scope of chapter. |
| § 18-1A-3. Definitions. |
| § 18-1A-4. Compromise or settlement between parties. |
| § 18-1A-5. Compliance with requirements for federal financial assistance. |
| Article 2. Policies Governing Land Acquisition. |
| § 18-1A-20. Application of article. |
| § 18-1A-21. Appraisal. |
| § 18-1A-23. Payment or deposit before surrender of possession. |
| § 18-1A-24. Notice to terminate occupancy. |
| § 18-1A-25. Rental to former owner or tenant after property acquired. |
| § 18-1A-26. Coercive action forbidden. |
| § 18-1A-27. Offer to acquire uneconomic remnant. |
| § 18-1A-28. Acquisition of improvements to be removed or adversely affected. |
| § 18-1A-29. Compensation for tenant-owned improvements. |
| § 18-1A-30. Expenses incidental to transfer of title; interest on award. |
| § 18-1A-31. Waiver of failure to comply with Sections 18-1A-20 through 18-1A-30. |
| § 18-1A-32. Condemnation action required; inverse condemnation. |
| § 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. |
| § 18-1A-50. Entry upon property for suitability studies. |
| § 18-1A-51. Court order permitting entry. |
| § 18-1A-52. Bond for damages caused by entry. |
| § 18-1A-53. Modification of court order permitting entry. |
| § 18-1A-54. Proceeding or action to recover damages caused by entry; payment of damages. |
| § 18-1A-55. Offer to purchase as prerequisite to condemnation action. |
| Article 4. Commencement of Action by Condemnor. |
| § 18-1A-70. Procedure generally. |
| § 18-1A-71. Commencement of condemnation action; venue. |
| § 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. |
| § 18-1A-73. Joinder of lands in same county in same complaint; separate hearing for each owner. |
| § 18-1A-74. Service of process. |
| § 18-1A-75. Recording notice of pending action; amendment of complaint after notice filed; notice of dismissal. |
| Article 5. Defendant's Response. |
| § 18-1A-90. When answer required; disclaimer where no interest claimed. |
| § 18-1A-91. Contents of answer; preliminary objections. |
| § 18-1A-92. Disclaimer. |
| § 18-1A-93. Hearing on preliminary objections. |
| § 18-1A-94. Burden of proof at hearing on preliminary objections. |
| § 18-1A-95. Disposition of preliminary objections; award of litigation expenses to defendant. |
| Article 6. Deposit and Possession Prior to Judgment. |
| § 18-1A-110. Motion for withdrawal of deposited funds before judgment. |
| § 18-1A-111. Investment of deposit; allocation of interest. |
| Article 7. Proceedings Before Trial. |
| § 18-1A-130. Discovery and pretrial conferences. |
| § 18-1A-131. Admissibility of evidence; permissible basis for witness' opinion. |
| Article 9. Procedure for Determining Just Compensation. |
| § 18-1A-150. Setting for trial; separate trial of nonjury issues. |
| § 18-1A-151. Demand for trial by jury; waiver; procedure for jury selection, etc. |
| § 18-1A-152. Order of arguments and presentation of evidence. |
| § 18-1A-153. Burden of proof. |
| § 18-1A-154. Separation of issues of compensation and apportionment. |
| Article 10. Compensation. |
| § 18-1A-170. Compensation standards; valuation in case of partial taking. |
| § 18-1A-171. Reduction of compensation award because of incidental benefits from taking. |
| § 18-1A-172. Fair market value defined. |
| § 18-1A-173. Effect of condemnation action on value; valuation of second taking; decrease in value due to owner's neglect. |
| § 18-1A-174. Highest and best use, a jury issue. |
| Article 11. Evidence in Condemnation Actions. |
| § 18-1A-190. Scope of article. |
| § 18-1A-191. View of the property taken. |
| § 18-1A-192. Opinion evidence as to value. |
| § 18-1A-193. Evidence supporting opinion as to value. |
| § 18-1A-194. Evidence supporting opinion as to remainder value in partial taking. |
| § 18-1A-195. Opinion of owner as to value. |
| § 18-1A-196. Basis for opinion as to value. |
| § 18-1A-197. Factors upon which opinion as to value may not be based. |
| Article 12. Judgment and Postjudgment Procedure. |
| § 18-1A-210. Contents of judgment. |
| § 18-1A-211. Interest on compensation awarded. |
| § 18-1A-212. Crediting amounts paid or withdrawn from deposited funds. |
| § 18-1A-213. Performance of work to reduce amount of award. |
| § 18-1A-214. Payment of judgment by plaintiff; deduction of taxes from award. |
| § 18-1A-215. Effect of failure to pay judgment. |
| § 18-1A-216. Payment after judgment from funds deposited with court. |
| Article 13. Dismissal and Abandonment. |
| § 18-1A-230. Involuntary dismissal. |
| § 18-1A-231. Voluntary dismissal. |
| § 18-1A-232. Award of litigation expenses. |
| § 18-1A-233. Restitution of property and damages. |
| Article 15. Arbitration of Compensation. |
| § 18-1A-250. Arbitration of compensation authorized; noncompliance with Articles 2 and 3. |
| § 18-1A-251. Enforceability of agreement. |
| § 18-1A-252. When agreement may be made; effect on right to commence condemnation action. |
| § 18-1A-253. Effect of pending condemnation action. |
| § 18-1A-254. Absence of concurrent condemnation action. |
| § 18-1A-255. Arbitration procedure. |
| § 18-1A-256. Abandonment of acquisition. |
| § 18-1A-257. Recordation of agreement. |
| Article 16. Miscellaneous. |
| § 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. |
| § 18-1A-271. Acquisition of lands, etc., for state prison system. |
| § 18-1A-272. Acquisition of easements for connecting lines by foreign telegraph or telephone companies. |
| § 18-1A-274. Acquisition of lands, etc., for viaducts and subways by railroad companies, etc., within municipalities. |
| § 18-1A-273. Acquisition of easements for crossings by railroads, etc. |
| § 18-1A-275. Guardian ad litem for infants or incompetents. |
| § 18-1A-276. Hearing; order granting or refusing complaint. |
| § 18-1A-277. Hearing to be conducted as in civil cases. |
| § 18-1A-278. Who may appear at proceedings and trials. |
| § 18-1A-279. Commissioners - Appointment; qualifications; certificate; vacancies. |
| § 18-1A-280. Commissioners - Service of notice of appointment. |
| § 18-1A-281. Commissioners - Assessment of damages and compensation; view; hearing. |
| § 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. |
| § 18-1A-283. Appeal from order of condemnation. |
| § 18-1A-284. Judgment not suspended by appeal if damages paid into probate court and bond given. |
| § 18-1A-285. Separate bonds required in case of joint appeals. |
| § 18-1A-286. Appeal to circuit court upon denial of application by probate court. |
| § 18-1A-287. Order of condemnation on appeal. |
| § 18-1A-288. Appeal from final judgment of circuit court. |
| § 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. |
| § 18-1A-290. Time for payment of damages and compensation; effect of failure to pay damages. |
| § 18-1A-291. Distribution of award - Filing of claims by owners or parties; determination of claims by probate court. |
| § 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. |
| § 18-1A-293. Costs. |
| § 18-1A-294. Probate court deemed open at all times. |
| § 18-1A-295. Use of condemnation proceedings by institutions of higher learning. |
| Article 17. Effective Date and Repealer. |
| § 18-1A-310. Inconsistent provisions in other laws superseded. |
| § 18-1A-311. Application. |