Eminent Domain in Alabama: The Property Owner’s Guide

Alabama runs condemnation through a court most property owners have never dealt with, on a clock that starts running the moment an order is entered, and the single most valuable right in the process is one you have to claim in writing within 30 days.

The law that governs takings in Alabama

Alabama’s Eminent Domain Code is codified at Title 18, Chapter 1A of the Code of Alabama, sections 18-1A-1 and following. Chapter 1B adds a separate set of limits on what the state, counties, and municipalities may condemn.

Chapter 1A supplies the definitions, the pre-suit obligations, the probate court procedure, the compensation standard, and the rules on dismissal, abandonment, and litigation expenses. Because Alabama layers a general code on top of older subject-specific statutes for utilities, railroads, and highways, the exact route a condemnor takes can depend on who it is and what it is building.

Who can take property in Alabama

The Code allows the State of Alabama, counties, municipalities, universities, school boards, and a range of corporations organized under Alabama law to apply for an order of condemnation. Utilities, pipeline companies, and railroads hold condemnation authority under their own enabling statutes, and the Alabama Department of Transportation acquires most highway right of way. The fact that a private company holds the power does not mean it can take whatever it wants, and the purpose and necessity of its taking remain open to challenge.

The condemnation process in Alabama, step by step

The condemnor applies to the probate court of the county where the land is located for an order of condemnation. If the court finds the taking is authorized and necessary, it appoints commissioners, and those commissioners assess the damages and compensation owed for each tract and each interest.

The commissioners report their assessment in writing to the probate court, and the court enters an order condemning the property once the assessed amount is paid or deposited into court. Notice of the order and the amount awarded is mailed to each party whose address is known, along with notice of the right to appeal to circuit court within 30 days. This structure is why Alabama cases often feel like two proceedings, because in practice they are.

Possession and deposits

Payment or deposit of the commissioners’ award into the probate court is what allows the condemnor to take the property. Depositing money and taking possession does not end the case, and accepting or withdrawing the deposit does not mean you accepted it as the final number if you have preserved your appeal.

Certain condemnors have separate statutory authority to obtain possession earlier for projects that cannot wait. If a condemnor tells you it can take your land immediately, ask which statute it is proceeding under and what it deposited, because the deposit is the floor, not the ceiling.

What just compensation includes in Alabama

Alabama compensates the fair market value of the property taken. Where only part of a parcel is acquired, the owner is entitled to be made whole for the injury to what is left behind, which is usually measured as the difference in the value of the remainder before and after the taking.

Damages to the remainder often exceed the value of the strip itself. Loss of access, a shortened setback, a driveway that no longer works for trucks, drainage changes, and a building envelope that no longer supports its highest and best use are all real losses, and they are frequently missing from the condemnor’s first appraisal.

Alabama does not have a broad statutory right to recover lost business profits as a separate item of condemnation damages, so business owners generally have to establish their loss through the effect on real property value. That makes appraisal strategy unusually important in commercial cases.

Relocation assistance and moving costs

Projects that use federal funds, including most highway work, trigger the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Relocation benefits cover moving costs, reestablishment expenses for businesses, and replacement housing payments, and they are paid separately from the price of the land. Relocation benefits are not compensation for your property, and agreeing to one has nothing to do with settling the other.

Deadlines that protect your rights in Alabama

The 30-day window to appeal a probate court order of condemnation to circuit court is the deadline that matters most in Alabama. Miss it and the commissioners’ number is what you get. File within it and you are entitled to a fresh determination of compensation, with a jury if a party expressly demands one.

Section 18-1A-232 provides for an award of litigation expenses, defined to include reasonable attorney, appraisal, and engineering fees, in defined circumstances such as when the condemnation action is abandoned or the condemnor is found not entitled to take. Whether that section applies to your case depends on how the case ends, so raise it with counsel early rather than after judgment.

How to fight a taking in Alabama

You can contest the right to take as well as the amount. Section 18-1B-2 prohibits the state, counties, and municipalities from condemning property for nongovernmental retail, office, commercial, residential, or industrial development, though the prohibition does not reach takings based on a finding of blight under an adopted redevelopment or urban renewal plan. If a project looks like private development wearing a public label, that limitation is the place to start.

Necessity and the scope of the taking are also fair targets. A condemnor that needs 20 feet is not entitled to 40 because a wider strip is convenient, and a route selected without regard to the damage it does to a remainder can sometimes be narrowed. Challenges to the right to take are strongest early, before the project is built and a court is weighing practical consequences.

Before you sign anything

An initial offer in Alabama is a negotiating position supported by one appraisal that the condemnor commissioned. Read the appraisal, look at what it assumed about access, zoning, and highest and best use, and get your own valuation before you sign anything. Signing a deed or a settlement release ends your claim for everything, including damages to the remainder that may not become obvious until construction starts.

Frequently asked questions

Which court handles eminent domain cases in Alabama?

Condemnation typically begins in the probate court of the county where the property is located. The probate court appoints commissioners who assess compensation and then enters an order of condemnation. Either party may appeal that order to the circuit court within 30 days for a new trial on the amount.

How long do I have to appeal a condemnation award in Alabama?

Thirty days from the date of the probate court’s order of condemnation. The notice you receive should state the award and your right to appeal. If you do not appeal within that window, the commissioners’ assessment generally becomes final.

Can I get a jury to decide my compensation in Alabama?

Yes, on appeal to circuit court, but only if a party entitled to participate expressly demands a jury trial. Compensation is not automatically decided by a jury, so the demand has to be made rather than assumed.

Can Alabama take my property for a private developer?

Alabama Code section 18-1B-2 prohibits the state, counties, and municipalities from condemning property for nongovernmental retail, office, commercial, residential, or industrial development. The prohibition does not extend to takings by counties, municipalities, housing authorities, and similar entities based on a finding of blight under a redevelopment or urban renewal plan.

Can I recover my attorney and appraisal fees in Alabama?

Sometimes. Section 18-1A-232 authorizes an award of litigation expenses, including reasonable attorney, appraisal, and engineering fees, in defined circumstances such as abandonment or dismissal of the condemnation action. It is not a general fee-shifting rule for every case, so ask counsel whether your facts fit.