Owning property in Alabama is an achievement. Whether you have just purchased your first home after renting for several years or you have inherited the family property that has been passed down through generations, land ownership is a source of pride. In fact, states like Alabama and Texas value private land ownership so much that they have implemented several legal protections to safeguard the rights of property owners. However, there are times in which a qualified government entity or utility company may invoke its eminent domain authority to seize private property for projects that benefit the public in some way. Eminent domain is enshrined in both federal and state constitutions, so it’s important to recognize that there may come a time when a new highway project in your community that aims to reduce traffic congestion (a public good) may require the Department of Transportation to invoke eminent domain power and initiate condemnation proceedings to acquire your land to achieve this goal. However, the entity exercising eminent domain power and initiating condemnation proceedings must provide “just” (i.e., fair and reasonable) compensation to the property owner in exchange for taking their land for public use.
Sometimes, a proposed construction or utility project may require only the temporary use or taking of a privately owned property. If you find yourself in this situation, you likely have several questions about the process and your rights in the face of the temporary taking of your property. Temporary taking cases can be nuanced and complex to navigate, so consider enlisting the guidance of a knowledgeable and highly qualified Alabama eminent domain attorney who can defend your best interests and advocate on your behalf at every turn. Let’s take a closer look at eminent domain matters in Alabama, particularly issues of temporary takings or construction easements and the steps you can take as a property owner to defend and protect your rights during these proceedings.
Understanding Eminent Domain and Condemnation in Alabama
Federal and state constitutions allow certain qualifying government entities to exercise the power of eminent domain in order to complete projects that are for public use. The Alabama constitution requires that the condemning authority provide just compensation to the landowner(s) in exchange for taking their property. The state’s constitution “provides for the exercise of eminent domain by cities, counties and other corporations and individuals vested with the right to take property for public use.” When an entity wishes to exercise its eminent domain power, it will initiate condemnation proceedings through the probate court of the county in which the property is located. However, before the condemning authority files a condemnation action, it must make a good faith effort to offer the landowner an amount of money believed to be just compensation. As a property owner, receiving a condemnation notice with an offer can be intimidating and confusing, especially if you are not familiar with your legal rights in such a situation. Enlisting the guidance and support of an experienced and trusted Alabama condemnation lawyer is highly recommended to ensure that you understand your legal rights and options at every stage of the condemnation process.
What is a Taking?
Another important question that Alabama property owners may have pertains to what the term “taking” means within the context of eminent domain and condemnation matters. In fact, there are several types of takings that landowners may encounter at some point. Essentially, the term “taking” refers to the seizing of private property by a qualified entity in order to benefit the public in some way. With a total taking, the condemning authority takes the entire parcel of land that belongs to the property owner in exchange for just compensation. However, an eminent domain or condemnation matter may involve a partial taking (i.e., seizing a portion of the property for a construction project) or a temporary taking. Temporary takings can be somewhat challenging for property owners to navigate, as the matter involves the return of their property after the project ends. Temporary acquisitions such as construction easements and road widening easements may not affect your land ownership rights in the long run, but it’s essential to recognize that you have the right to negotiate just compensation to account for the hassle, inconvenience, or even the damage caused by the temporary taking.
Navigating Temporary Acquisitions in Alabama
Temporary takings involve the government’s temporary acquisition of private property for specific purposes, such as construction projects or utility work. Common examples of temporary takings include construction easements for road upgrades and temporary easements for utility installation. As a landowner affected by a temporary taking, you have the right to secure just compensation from the condemning authority. In Alabama, just compensation for a temporary easement is usually based on the rental value of the land under occupation during the term of the easement. However, if the terms or conditions of the easement have negative impacts on the land not covered by the easement, such as when the easement blocks access to a portion of the property, you have the right to request an amount of compensation that accounts for these hardships and potential losses. That is referred to as damage to the remainder. Several factors can affect the amount of compensation you are entitled to recover, like restricted access, reduced property utility function, and other negative impacts.
Discuss Your Options With a Trusted Condemnation Lawyer
It’s important to understand the various legal protections available to property owners when navigating condemnation and eminent domain matters. Working with a dedicated and caring Alabama condemnation lawyer is key to maximizing your chances of securing the fair and favorable outcome you deserve. Your attorney can help you implement strategies for keeping and organizing thorough documentation to strengthen your position. With an experienced legal advocate by your side, you can trust that they will work hard to negotiate fair compensation and guide you through the complexities of temporary takings and condemnation proceedings.
Condemnation and eminent domain issues are complex and difficult to navigate without legal guidance. The dedicated and caring team at Sewell Sewell Beard LLC is ready to help you understand your legal rights and options so you can make informed decisions with greater confidence. We’ve been doing this for 40 years. Please call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to get started.
