Private property owners in Alabama enjoy some of the strongest legal protections in the country. State laws governing personal property rights allow individuals threatened by eminent domain or condemnation proceedings to enlist legal representation and pursue remedies that keep governmental entities from seizing private property. Although federal and state constitutions recognize that eminent domain “is the power of the sovereign, or those on whom such power has been conferred, to take property, or interests in property, for public use and upon payment of just compensation,” landowners in Alabama have the legal right to push back against an eminent domain or condemnation matter. First, it’s important to understand that eminent domain refers to a government entity’s legal right to seize private property (in exchange for compensation) in order to complete a construction or expansion project that benefits the public in some way. The legal process for an entity to exercise its eminent domain power is called condemnation. If you own private property in Alabama and you are concerned about an upcoming condemnation action, contact a skilled and caring eminent domain attorney as soon as possible to discuss your situation. Your attorney will guide you through the condemnation process, which typically includes the following steps.
Common Examples of Eminent Domain Projects
Whenever a governmental or other approved entity wishes to exercise its eminent domain authority, it will usually hold a public meeting that provides an overview of the proposed project, the intended outcomes, and the potential impacts on private landowners. There are several entities that may exercise eminent domain power, including federal, state, and local governments, counties, cities, transportation districts, water districts, and school districts. For example, if the Department of Transportation wants to expand a highway or construct a new off-ramp, it has the right to invoke eminent domain power to seize the homes in the area in order to use the land to construct these new structures. However, it’s important to recognize that Alabama has led the way in terms of eminent domain reform; in 2005, the state passed Senate Bill 68 that prohibits the use of eminent domain for “private retail, office, commercial, industrial, or residential development; or primarily for enhancement of tax revenue; or for transfer to a person, nongovernmental entity, public-private partnership, corporation, or other business entity.” Property owners have the right to question the entity’s legal authority to exercise eminent domain power, especially if the proposed project does not meet the “public use” requirement.
Defining “Just Compensation” in Alabama
When an entity begins condemnation proceedings, it must provide an offer of “just compensation” to the landowner in exchange for seizing their property. Unfortunately, the vague term “just compensation” leaves room for the entity to provide a lowball offer that fails to account for a fair and comprehensive valuation of the property being acquired and to ignore any damages to the property not acquired (the remainder). As the condemning authority prepares to seize the property, it will hire an appraiser to assess the property and estimate its value. However, private property owners should understand that these appraisers usually work closely with the entity exercising its eminent domain power, meaning that they will seek to save the entity as much money as possible. Your attorney will help you involve an independent condemnation appraiser who will compile a more comprehensive and thoughtful valuation of your property to ensure that you obtain a fair and just amount of compensation in exchange for giving up your land. A condemnation appraisal is very different from the standard appraisal most people are used to. That’s because Alabama law requires that a particular methodology be followed. You are entitled to be paid for the land being taken valued at its highest and best use, not its current use. You are also entitled to be paid for any damages the project will cause to the land not being taken (the remainder). But lowball first offers are usually predicated on an appraisal that ignored the required methodology in order to get to a low number.
What to Expect During Condemnation Proceedings in Alabama
It’s natural to feel intimidated and overwhelmed when an entity announces its intention to seize your land in order to build a new school or construct a new freeway. Before you lose all hope, it’s essential that you enlist the guidance and support of a seasoned Alabama condemnation lawyer who can help you understand your legal rights and options. Your lawyer will help you navigate each step of the condemnation process, which will likely include the following:
The Condemnation Letter
Once the condemnor has had the property appraised, it will send the owner(s) a condemnation letter informing them of its intention to exercise its eminent domain power to seize the property. This letter will contain an amount of “just compensation” the condemnor will pay the landowner in exchange for the property. The letter must also include a written statement that summarizes the basis for the amount offered. Although the letter may be worded in such a manner that discourages negotiation, you should know that you have the right to respond, dispute, or contest anything you believe to be unfair or unjust. Receipt of this letter is the beginning of the negotiation, not the end. That’s why you need a competent and experienced attorney. You have to be prepared before you receive this letter.
Preparing For the Court Proceedings
Next, the Probate Court will appoint three impartial citizens to serve as commissioners. This trio will hold a hearing to receive evidence relating to the proposed compensation. The commissioners will create a written report to the Probate Court that decides the amount of damages and compensation owed to the landowner. The court will compel the condemnor to pay this amount within 90 days. However, either party may decide to appeal the case to the Circuit Court for a jury trial.
Upholding Your Rights and Protecting Your Best Interests
It’s common for landowners to feel intimidated by large governmental entities that are attempting to take their property. However, you do not have to go through this stressful process alone. Working with a dedicated and empathetic attorney is the best way to ensure that you secure the most fair and favorable outcome. Your condemnation lawyer will work hard to enforce your rights at every turn and secure you the compensation you need to move forward with stability and confidence.
If you are struggling with a condemnation or eminent domain matter in Alabama or Texas, the dedicated and knowledgeable legal team at Sewell Sewell Beard LLC is here to help. We’ve been doing this for 39 years. Call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas location at (972) 777-5390 today to get started.
