Property ownership has always been one of the cornerstones of the American Dream. Owning your own home is a considerable source of pride, and you can enjoy the peace of mind that comes along with knowing that your land is your own. Although your rights as a private landowner are many, there are certain circumstances in which a government entity may invoke its eminent domain authority to seize your property for a project for public use. However, this entity must provide you with compensation in exchange for taking your property. Unfortunately, many Alabama landowners are unfamiliar with their legal rights and options in the face of eminent domain actions. They often feel as if they have no say in the matter, and they may believe that their only choice is to accept the (usually lowball) compensation offer and vacate the property as soon as possible. The reality is that states like Alabama and Texas have implemented some of the strongest legal protections available to private property owners, so you have a wide range of legal options when faced with an eminent domain action. If an entity has informed you of its intention of invoking its eminent domain power to seize your property, reach out to a highly qualified and caring Alabama eminent domain lawyer as soon as possible to understand your legal rights and identify the most strategic path forward. Let’s take a look at how eminent domain and condemnation proceedings typically unfold in Alabama so you can navigate these matters with greater clarity and confidence.
Defining Condemnation and Eminent Domain in Alabama
Before we explore the steps that Alabama property owners can take to protect their legal rights during condemnation proceedings, it’s important to spend some time defining these terms. The term eminent domain refers to “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.” Both federal and state constitutions grant eminent domain power to these governments (and their corresponding government entities), as well as other entities that involve the public’s interest in some way. The Alabama constitution specifically states that “private property shall not be taken for, or applied to public use, unless just compensation be first made therefor.” In other words, the entity seeking to exercise its eminent domain power must provide the owner with just compensation in order to seize the property.
While eminent domain refers to the specific power given to federal, state, and local governments (as well as any qualifying government entities or other public works companies), condemnation refers to the legal process that occurs when the entity exercises its eminent domain authority. For example, if a Department of Transportation announced its decision to build a new freeway to ease congestion in the area, it would initiate condemnation proceedings against any property owners whose land would be needed in order to construct the new freeway. The condemnation process usually begins with the condemning authority sending a condemnation notice to the affected landowners that informs them of the upcoming project.
Navigating Eminent Domain Proceedings in Alabama
It can be a jarring experience to learn that a government entity intends to take your land for public use. Condemnation property law in Alabama is nuanced and difficult to understand, especially for individuals who are unfamiliar with the intricacies of such proceedings. As soon as you hear about a potential construction project in your community, it’s worth discussing the implications of this matter with a knowledgeable and experienced Alabama property condemnation attorney. Together, you can assess the details of your situation and identify the most strategic path forward that secures you the compensation you deserve. Generally speaking, most condemnation proceedings involve the following steps.
The Condemning Authority Appraises Your Property
Since the entity that intends to invoke its eminent domain power must provide the affected property owner(s) with just compensation, a representative must visit the property to have it appraised. As a private property owner, you have the right to accompany the appraiser during the inspection of your property. It’s also important to recognize that the condemning party will likely seek to pay you as little as possible for seizing the property, which means that the initial offer it proposes should be approached with caution (it is almost guaranteed that it will be a lowball offer).
Issuing a Condemnation Notice and Making an Offer
Before the condemning authority initiates formal legal proceedings, it must give the property owner a condemnation notice that includes a written compensation offer. Although this offer is legally required to be a good faith amount of “just compensation,” this vague term often leads to lowball offers. Moreover, the condemnation notice is usually worded in such a way that makes it appear as if the private landowner has no choice but to accept the offer and vacate the property as soon as possible. However, the reality is that private property owners in Alabama have many legal rights and options when it comes to responding to a condemnation offer.
Navigating Alabama Condemnation Proceedings in Civil Court
When the condemning authority files a complaint in the Probate Court in the county where the property is located, the affected owner has the right to respond to the complaint. Depending on the specifics of your case, you may wish to challenge the entity’s authority to condemn, dispute whether the area in question should be acquired or remain as is, or raise objections to the condemnor’s procedure. No matter what your goals may be, you can trust that your dedicated and skilled Alabama condemnation attorney will go on offense to advocate for your best interests.
As soon as you learn of a proposed construction project that could affect your property, reach out to the dedicated and highly qualified legal team at Sewell Sewell Beard LLC to discuss your options. We’ve been doing this for 40 years. Call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to get started with a trusted and caring eminent domain/condemnation attorney.
