As communities continue to grow and expand, new construction projects are necessary to accommodate an increasing population. Both urban and rural areas in Alabama are experiencing steady growth. According to the Public Affairs Research Council of Alabama (PARCA), Alabama’s population rose by 34,000 between 2022 and 2023, making it the 15th fastest rate of growth among all fifty states. As more people and families move to Alabama, the infrastructure must keep up with the demand for housing, commerce, and transportation. In recent years, Alabama’s Department of Transportation (ALDOT) has moved forward with several highway construction and expansion projects to ease traffic congestion and improve mobility throughout the state. However, some of these highway construction projects require the acquisition of privately owned land in order for the new roads and on-ramps to be completed.
Although Alabama provides private landowners with some of the strongest legal protections in the country, there are times when a government entity (such as ALDOT) may invoke its eminent domain authority to seize private property to be used in highway construction projects that benefit the public. The entity invoking its eminent domain power must provide the affected property owners with “just” compensation in exchange for the land. Unfortunately, many landowners in Alabama are not familiar with their legal rights in the face of eminent domain actions, so it’s essential to enlist the guidance of a trusted and experienced eminent domain attorney who can represent your best interests at every turn. This post will highlight some of the legal protections that Alabama provides to private landowners when they face eminent domain actions related to highway construction projects.
Where Does Eminent Domain Power Come From?
First, it’s a good idea to understand what the term “eminent domain” means, especially as it relates to property owners in Alabama. Eminent domain dates back to our country’s earliest days. The Fifth Amendment to the U.S. Constitution states that “private property shall not be taken for public use, without just compensation.” The Alabama Supreme Court has since interpreted this federal “takings clause” as operating primarily to shield private property owners from having their property taken under compulsion by the state or federal government without receiving just compensation in return. In other words, a government entity or other body that enjoys eminent domain authority has the right to invoke eminent domain power for projects that benefit the public in some way. For example, if ALDOT proposes a highway expansion project to relieve traffic congestion in a specific area, it may invoke its eminent domain power to seize private land on which to build this new road. However, ALDOT must provide the affected property owners with “just” compensation in exchange for taking their land.
It’s also important to understand that eminent domain refers to the Constitutional power that approved government entities have, while the term “condemnation” refers to the formal legal process in which an entity invokes eminent domain authority. Simply put, ALDOT may decide to invoke eminent domain power to build a new highway. In order to accomplish this objective, ALDOT will initiate condemnation proceedings to notify the property owners and provide them with compensation in exchange for taking their land. As soon as you learn of a potential eminent domain or condemnation project in your area, consider enlisting the guidance of a knowledgeable Alabama condemnation lawyer who can help you understand your options.
Property Owners’ Rights in Alabama Condemnation Matters
When an entity like ALDOT identifies and proposes a highway construction project, there are several steps it must take before it may take the land from private property owners. According to ALDOT, a Corridor public hearing will be held to inform citizens of the proposed project. During this public hearing, members of the community may ask questions and offer their opinions about the proposed project. After this hearing, ALDOT will use the feedback to create a final proposal and route location that best meets the interests of the public. Next, ALDOT will hold a Design hearing, during which the specifics of the project will be identified, and the project engineers will answer questions about the project.
If your property will be affected by the proposed highway expansion or construction project, you can expect to receive a written condemnation notice informing you of ALDOT’s intent to invoke eminent domain authority to convert your property to support the construction project. The condemnation letter will also include an offer of compensation that ALDOT believes is “just.” It’s essential to understand that condemnation notices are usually worded in such a way that makes it seem as if property owners have no choice but to accept the compensation offer (which is usually a lowball offer that does not take into account a wide range of factors). Before you assume that you have no say in the matter, reach out to a highly qualified condemnation attorney to discuss your case and determine the most strategic path forward.
Negotiating a More Equitable Amount of Compensation
If you’re wondering what to do when facing condemnation in Alabama, you are not alone. It’s natural to feel overwhelmed and confused when you receive a condemnation notice. However, you do not have to navigate this challenging time on your own. When you enlist the support of a knowledgeable eminent domain lawyer, you can feel more confident in the decisions you make. For instance, your attorney can help you understand your condemnation rights in Alabama, such as negotiating a more fair and favorable amount of compensation in exchange for handing your property over to ALDOT. You have the right to take this matter before the Probate Court, where a three-member commission will investigate the details of your situation and determine a fair and appropriate price that ALDOT should pay you in exchange for seizing your land. If you are unsatisfied with their decision, you can take this matter before the Circuit Court and demand a jury trial. Whatever the specific circumstances of your case may be, working with a dedicated and experienced Alabama condemnation attorney can give you the clarity and confidence you need to obtain the just compensation you are entitled to receive.
Private landowners have several legal rights in the face of eminent domain and condemnation actions. Reach out to the dedicated legal team at Sewell Sewell Beard LLC by calling our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 to get started with a trusted and experienced condemnation attorney. We’ve been doing this for 40 years!
