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Home » US Law » 2022 Code of Alabama » Title 18 - Eminent Domain. » Chapter 4 - Relocation Assistance and Real Property Acquisition.

Section 18-4-1 – Short Title.

Section 18-4-1 Short title. This chapter may be cited as the Alabama Relocation Assistance and Real Property Acquisition Policies Act of 1999. (Act 99-582, p. 1318, §1.)

Section 18-4-10 – Displaced Person.

Section 18-4-10 Displaced person. A displaced person who moves from his or her dwelling as the direct result of federally assisted building or other similar federally assisted code enforcement activities, or a program of rehabilitation or demolition of buildings conducted pursuant to a federally assisted governmental program, is deemed to be a displaced person for […]

Section 18-4-11 – Payments Not Treated as Income.

Section 18-4-11 Payments not treated as income. No payment received by a displaced person under this chapter shall be considered as income or resources for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any state law, or for the purposes of the personal income tax law, corporation […]

Section 18-4-12 – Availability of Replacement Housing.

Section 18-4-12 Availability of replacement housing. (a) If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and it is determined by the acquiring agency that housing cannot otherwise be made available to the displaced person, the agency may take action necessary or appropriate to provide housing […]

Section 18-4-13 – Adjustment of Monetary Limits.

Section 18-4-13 Adjustment of monetary limits. The monetary limits provided in Sections 18-4-4, 18-4-5, and 18-4-6 shall be adjusted to conform to future revisions of corresponding monetary benefits under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (Act 99-582, p. 1318, §14.)

Section 18-4-14 – Procedure for Acquiring Real Property.

Section 18-4-14 Procedure for acquiring real property. Whenever real property is acquired by a state agency in connection with any programs or projects, the acquisition shall be conducted, to the greatest extent practicable, in accordance with the following: (1) An agency shall make every reasonable effort to acquire, expeditiously, real property by negotiation. (2) Real […]

Section 18-4-15 – Reimbursement of Recording Fees, Transfer Taxes, Etc.

Section 18-4-15 Reimbursement of recording fees, transfer taxes, etc. Any state agency requiring real property in connection with any program or project shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding […]

Section 18-4-16 – Expenses Incurred From Condemnation Proceedings.

Section 18-4-16 Expenses incurred from condemnation proceedings. Where a condemnation proceeding is instituted by a state agency to acquire real property and the final judgment is that the real property cannot be acquired by condemnation, and the proceeding is abandoned, the owner of any right, title, or interest in real property shall be paid a […]

Section 18-4-17 – Expenses Incurred From Declaratory Judgment Proceedings.

Section 18-4-17 Expenses incurred from declaratory judgment proceedings. Where a declaratory judgment proceeding is instituted by the owner of any right, title, or interest in real property because of use of his or her property in any program or project undertaken by a state agency, the court, rendering a judgment for the plaintiff in the […]

Section 18-4-18 – Interest in Improvements on Acquired Real Property.

Section 18-4-18 Interest in improvements on acquired real property. (a) To the greatest extent practicable, where an interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from the real property which is determined to […]

Section 18-4-2 – Definitions.

Section 18-4-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) COMPARABLE REPLACEMENT DWELLING. Any dwelling that is decent, safe, and sanitary; adequate in size to accommodate the occupants; within the financial means of the displaced person; functionally equivalent; in an area not subject to unreasonable adverse environmental conditions; […]

Section 18-4-3 – Legislative Intent.

Section 18-4-3 Legislative intent. (a) The Legislature declares that this chapter shall be applicable only to the acquisition of real property owned and occupied by the owner as a residence by any state agency for use in projects or programs in which federal or state funds are used; except that for the purposes of this […]

Section 18-4-4 – Payment of Relocation Expenses.

Section 18-4-4 Payment of relocation expenses. (a) Whenever the acquisition of real property for a program or project undertaken by a state agency will result in the displacement of any person, the agency shall make fair and reasonable relocation payments to displaced persons as required by this chapter for the actual reasonable expenses in moving […]

Section 18-4-5 – Additional Payments – Dwelling Occupied at Least 180 Days.

Section 18-4-5 Additional payments – Dwelling occupied at least 180 days. (a) In addition to payments otherwise authorized by this chapter, the state agency shall make an additional payment not in excess of twenty-two thousand five hundred dollars ($22,500) to any displaced person who is displaced from a dwelling actually owned and occupied by the […]

Section 18-4-6 – Additional Payments – Dwelling Occupied at Least 90 Days.

Section 18-4-6 Additional payments – Dwelling occupied at least 90 days. (a) In addition to amounts otherwise authorized by this chapter, a state agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under Section 18-4-5 which dwelling was actually and lawfully occupied by […]

Section 18-4-7 – Relocation Assistance Advisory Programs.

Section 18-4-7 Relocation assistance advisory programs. (a) Programs or projects undertaken by a state agency shall be planned in a manner that recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, and provides for the resolution of the problems in […]

Section 18-4-8 – Administration of Programs.

Section 18-4-8 Administration of programs. In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, a state agency may enter into contracts with any individual, firm, association, or corporation for service in connection with the programs, or may carry out its […]

Section 18-4-9 – Use of Funds.

Section 18-4-9 Use of funds. Funds appropriated or otherwise available to any state agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project. (Act 99-582, […]