Section 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.
Section 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. The commissioners must, within 20 days from their appointment, make a report in writing to the probate court stating the amount of damages and compensation ascertained and assessed by them for […]
Section 18-1B-1 – Statement of Legislative Intent.
Section 18-1B-1 Statement of legislative intent. In light of the decision and certain opinions recently announced by the United States Supreme Court interpreting the extent of the power of government to take property for public use as described in the Fifth Amendment to the United States Constitution and providing that individual states may restrict the […]
Section 18-1A-255 – Arbitration Procedure.
Section 18-1A-255 Arbitration procedure. 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 state relating to the criteria […]
Section 18-1A-283 – Appeal From Order of Condemnation.
Section 18-1A-283 Appeal from order of condemnation. Any of the parties may appeal from the order of condemnation to the circuit court of the county within 30 days from the making of the order of condemnation by filing in the probate court rendering that judgment a written notice of appeal, a copy of which shall […]
Section 18-1B-2 – Limitations on Condemnation.
Section 18-1B-2 Limitations on condemnation. (a) Neither the State of Alabama, nor any of its departments, divisions, agencies, commissions, corporations, boards, authorities, or other entities, nor any agency, corporation, district, board, or other entity organized by or under the control of any municipality or county in the state and vested by law to any extent […]
Section 18-1A-256 – Abandonment of Acquisition.
Section 18-1A-256 Abandonment of acquisition. (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 to reimbursement, in the event of abandonment of […]
Section 18-1A-284 – Judgment Not Suspended by Appeal if Damages Paid Into Probate Court and Bond Given.
Section 18-1A-284 Judgment not suspended by appeal if damages paid into probate court and bond given. No appeal shall suspend the judgment or deprive the applicant of the right of entry, provided the amount of the damages assessed for the parties who appeal or against whom an appeal is taken shall have been paid into […]
Section 18-1B-3 – Condemnation of Property Encumbered by Mortgage or Deed of Trust.
Section 18-1B-3 Condemnation of property encumbered by mortgage or deed of trust. Nothing in Act 2015-39 shall be construed to limit the power of a governmental entity to condemn through powers of eminent domain property that may be encumbered by a mortgage or deed of trust if there is a public use for the property […]
Section 18-1A-257 – Recordation of Agreement.
Section 18-1A-257 Recordation of agreement. (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) The record of the […]
Section 18-1A-285 – Separate Bonds Required in Case of Joint Appeals.
Section 18-1A-285 Separate bonds required in case of joint appeals. In case more than one party appeals or appeal is taken against more than one, there shall be separate bonds given for each tract of land involved, as provided in Section 18-1A-284 to each one so appealing or appealed against. (Acts 1985, No. 85-548, p. […]