Title 18

Notwithstanding any provision of this chapter, a condemnor may comply with any federal statute, regulation, or policy prescribing a condition precedent to the availability or payment of federal financial assistance for any program or project for which the condemnor is authorized …

(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…

(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 submit to the owner an offer to acquire the propert…

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. (Acts 1985, No. 85-548, p. 802, §204.)

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. (…

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. (A…

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. (Acts 1985, No. 85-548, p. 802, §207.)

(a) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer to acquire the remnant concurrently and may acquire it by purchase or by condemnation if the owner consents. (b) “Uneconomic remnant” as used in this sect…

A condemnor that acquires any interest in real property shall also acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property acquired, which the condemnor requires to be destroyed or removed or which will be adversely af…

(a) If a building, structure, or other improvement to be acquired by a condemnor under Section 18-1A-28 is owned by a tenant: (1) It shall be deemed for the purpose of determining compensation to be a part of the real property to be acquired notwithstanding the right or obligatio…

(a) As soon as practicable after payment of the purchase price, or payment of, or deposit in probate court, of funds to satisfy the award in a condemnation action, whichever is earlier, the condemnor shall pay, or reimburse the owner for, any reasonable and necessarily incurred e…

If not inconsistent with the requirements of an applicable statute or regulation, a failure to satisfy the requirements or limitations imposed under Sections 18-1A-20 through 18-1A-30, inclusive: (1) Is waived by the failure of the property owner, in the exercise of reasonable di…

(a) If property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condemnor shall commence a condemnation action for that purpose. A condemnor shall not intentionally make it necessary for an owner of property to commence an action, includi…

(a) A failure to satisfy the requirements or limitations of Sections 18-1A-20 through 18-1A-32 does not affect the validity of the condemnor’s interest in any property which it acquires by purchase or condemnation. (b) This article shall be construed to be consistent with the req…

(a) A condemnor and its agents and employees may enter upon real property for a reasonable time and make surveys, examinations, photographs, tests, soundings, borings, and samplings, or engage in other activities for the purpose of appraising the property or determining whether i…

(a) If reasonable efforts to accomplish a lawful entry or to perform authorized activities upon real property under Section 18-1A-50 have been obstructed or denied or would be futile, the condemnor may apply to the circuit court in the county where the property or any part is loc…

(a) An order permitting entry under Section 18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount that will fairly compensate the owner and any other person in lawful possession or physical occupancy of the property for damages for physical i…

(a) After notice and hearing, the circuit court may modify an order made under Section 18-1A-51. (b) If a bond is required or the amount required is increased by an order of modification, the circuit court shall specify the time within which the required bond must be posted, and …

(a) A condemnor is liable for physical injury to, and for substantial interference with possession or use of, property caused by his entry and activities upon the property. This liability may be enforced in a subsequent condemnation proceeding filed within the period specified as…

An action to condemn property may not be maintained over timely objection by the owner unless the condemnor has offered to acquire the property on the basis of its approved offer by purchase before commencing the action. (Acts 1985, No. 85-548, p. 802, §306.)

The procedure for condemnation of property under the power of eminent domain is governed by the Alabama Rules of Civil Procedure except as otherwise provided in this chapter. The procedure in the probate courts shall be as provided in this chapter. (Acts 1985, No. 85-548, p. 802,…

A condemnation action is commenced by filing a complaint for condemnation with the probate court in the county in which the property or any part thereof sought to be taken is located. (Acts 1985, No. 85-548, p. 802, §402.)

(a) In addition to other allegations required or permitted by law, the complaint shall: (1) Designate as a plaintiff each person on whose behalf the property is sought to be taken; (2) Name as defendants all persons who to the plaintiff’s knowledge are owners of or who have or cl…

(a) Where there are several tracts of land lying within one county of which portions are proposed to be taken, or in which an interest or easement is proposed to be acquired, the plaintiff may join them all in separate paragraphs in the same complaint. (b) If there are several di…

(a) On the filing of the complaint, the probate court must enter an order appointing a day for the hearing thereof and must issue to the defendants a copy of the complaint and notice of the day set for the hearing unless such notice is waived. (b) Service upon a defendant of the …

(a) After commencement of a condemnation action, the plaintiff shall cause a notice of the pendency of the proceedings to be recorded in the office of the probate court in each county in which any real property described in the complaint is located. (b) The notice shall contain: …

The defendant may respond by answer but is not required to do so unless defendant challenges the right to condemn or questions or disputes the area to be acquired or remain. If a defendant claims no interest in the just compensation to be awarded he may file a disclaimer. (Acts 1…

(a) In addition to other matters required or permitted by law, a defendant may state in an answer: (1) The nature and extent of the interest claimed by him in the property sought to be taken; and (2) The nature of and basis for any preliminary objections. (b) The preliminary obje…

(a) A disclaimer need not be in any particular form, shall be signed by the defendant or his attorney, and shall contain a statement that the defendant claims no interest in the property that is the subject of the action or in the compensation that may be awarded. (b) A disclaime…

Preliminary objections shall be heard and determined by the probate court on the court’s own motion, or on notice and motion by a party, before final determination of the amount of just compensation. The probate court may consolidate for hearing all preliminary objections asserte…

(a) Except as provided in subsection (b), the plaintiff has the burden of proof on all issues of fact raised in connection with a preliminary objection. (b) If in support of a preliminary objection a defendant alleges fraud, corruption, bad faith, or gross abuse of discretion on …

(a) If the probate court determines that a preliminary objection is meritorious, the court shall make an appropriate order including: (1) Dismissal of the action, in whole or in part, if the plaintiff is not authorized to take the property, or some part thereof, or the acts or om…

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. (Acts 1985, No. 85-548, p.…

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. (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. (Acts 198…

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

No party has the burden of proof on the issue of the amount of compensation. (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…

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 taken or …

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 …

(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 likelihood that the property would be acquired fo…