Title 18 — Title 18

This chapter may be cited as the “Alabama Eminent Domain Code.” History: (Acts 1985, No. 85-548, p. 802, §101.)

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 leave to withdraw such amount from …

Upon motion of a party at any time after a deposit has been made, the court shall direct that the money not withdrawn be invested in certificates of deposit of federal and state banks and savings and loan associations, or in treasury bills, notes, or obligations of the federal go…

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. History: (Acts 1985, No. 8…

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. History: (Acts 1985, No. 85-548, p. 802, §702.)

(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 amount of compensation. History: …

(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 the issue expressly demands trial by jury. The ci…

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. History: (Acts 1985, No. 85-548, p. 802, §903.)

No party has the burden of proof on the issue of the amount of compensation. History: (Acts 1985, No. 85-548, p. 802, §904.)

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 proceeding. After the amount of compe…

(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 of the entire property before the taking…

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 consequence of the uses to which the lands to be t…

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 elements …

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 property is taken; (2) The reasonable likelih…

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. History: (Acts 1985, No. 85-548, p. 802, §1005.)

(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” un…

(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, the …

(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 property; (…

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 which it is reasonab…

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 convenience of use of the remainder reasonably at…

The owner may consider any nonconjectural matters in forming his opinion as to the fair market value of his property. History: (Acts 1985, No. 85-548, p. 802, §1106.)

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 entered in…

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 property, where that property was o…

(a) This chapter provides standards for the acquisition of property by condemnors, the conduct of condemnation actions, and the determination of just compensation. It does not confer the power of eminent domain, and does not prescribe or restrict the purposes for which or the per…

(a) In order to encourage and expedite the acquisition of property by agreement, to avoid litigation and relieve congestion in the courts, to assure consistent treatment of owners, and to promote public confidence in practices and procedures relating to the acquisition of propert…

Before commencing a condemnation action, the condemnor shall cause the property to be appraised to determine the amount that would constitute just compensation for its taking. The owner or his representative shall be given a reasonable opportunity to accompany the appraiser durin…

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 …

(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 compensation awar…

(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 withdrew from money deposited by the…

(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 plaintiff, the court may inc…

(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 time within which payment must be made for a…

(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 abandonment of …

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 such amount from the funds on deposit…

Written Statement and Summary; Waiver Valuation. (a)(1) Before commencing a condemnation action, the condemnor shall establish an amount based on an appraisal, except as otherwise provided in subsection (e), which it believes to be just compensation therefor and promptly shall su…

An owner shall not be required to surrender possession of property before the condemnor: (1) Pays the agreed purchase price; or (2) Pays, or deposits in accordance with this chapter, the amount awarded by the condemnation order. History: (Acts 1985, No. 85-548, p. 802, §204.)

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 …

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.…

(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 dismissal, (2) a…

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) deliver possession o…

Except in an emergency, a condemnor may not require a person lawfully occupying property to move from a dwelling, nor to move his business or farm operation, unless he has received written notice from the condemnor at least 90 days before the date by which the move is required. H…

If a condemnor, after acquiring property, rents all or part of the property to the former owner or tenant for a short term or for a period subject to termination by the condemnor on short notice, the amount of rent charged may not exceed the fair rental value of this property. Hi…

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 of compensation for the taking of property. (b) A…

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 arbitrations unde…

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 condemnation action, including the …

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 the court in the …

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 both jurisdiction and…

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 stat…

(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 right t…

(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. (b) …

In order to compel an agreement on the price to be paid for the property, a condemnor may not arbitrarily advance the time of condemnation, arbitrarily defer negotiations or condemnation, nor take any other action coercive in nature. History: (Acts 1985, No. 85-548, p. 802, §207.…