Alabama landowners enjoy some of the most robust legal protections in the United States. Owning a piece of property can be a tremendous source of pride, regardless of whether the land has been passed down through generations or you recently purchased a parcel of land. However, there are circumstances in which a government entity may invoke its constitutional right, known as eminent domain authority, to seize private property for public use. Essentially, eminent domain power allows qualifying entities to convert private land in order to complete a project that benefits the public in some way. In exchange for seizing the property, the entity must compensate the landowner. The legal process that occurs when an authority invokes its eminent domain power is called condemnation. Unfortunately, many Alabama landowners do not recognize that they have legal rights during the condemnation process. As soon as you hear of a proposed project in your community, such as a freeway construction or transportation expansion project, contact an experienced and dedicated condemnation lawyer to discuss your options. Your attorney can guide you through every step of the construction process, upholding and enforcing your legal rights at every turn.
What is Eminent Domain?
Many landowners are unfamiliar with the term “eminent domain” until a construction project arrives in their community. Suddenly, they wonder whether they have the right to fight back against the government entity’s attempts to seize their property. Federal and state constitutions grant eminent domain power to certain qualifying entities, such as cities, counties, and municipalities. The legal definition of eminent domain “refers to the power of the government to take private property and convert it into public use.” The entity exercising its eminent domain power must provide the affected landowners with “just compensation” in exchange for their property. Common examples of eminent domain projects include transportation, infrastructure, water supply, irrigation, conservation, and historic preservation activities. Additionally, the construction of public parks, schools, and libraries may also involve eminent domain. Once an approved authority decides to invoke eminent domain power, it must initiate condemnation proceedings through the probate court in order to seize the privately owned land.
Navigating the Condemnation Process in Alabama
As a landowner in Alabama, it can be confusing and intimidating to learn that a governmental entity is seeking to take your property and convert it for public use. The first step you should take is to contact a knowledgeable condemnation attorney to discuss the specifics of your situation and determine the most appropriate path forward. The condemnation process follows a set of steps and procedures, and your attorney will advise and support you during every stage. Let’s take a look at some of the key steps you can expect to encounter during the condemnation process.
The Appraisal
The condemning authority must provide you “just compensation” in exchange for your property. To complete this task, the entity must have your property appraised to make you an offer of compensation in exchange for taking your land. Many landowners are surprised when an appraiser shows up and tells them that they need access to the property, and your first instinct may be to deny this request. However, the appraiser has the legal right to complete the land valuation, so allow them to complete this task. You will still have the opportunity to exert your legal rights and push for a more favorable offer later on in the process.
Condemnation Letter and Compensation Offer
Next, the entity (i.e., the condemnor) will send you a condemnation letter that notifies you of the impending seizure of your land in exchange for compensation. This letter will include a compensation offer, and you may find that the offer is well below your estimate of your property’s worth. It’s important to recognize that the condemnor almost always makes a lowball settlement offer with the hope that you will accept the offer because you do not believe you have the right to negotiate. However, property owners have the legal right to push for a more equitable settlement offer and exert other legal rights in response to the condemnation letter. Enlist the guidance of your attorney to understand your legal options.
Taking the Condemnation Matter to Probate Court
The condemning authority will file a complaint with the probate court to initiate condemnation proceedings. The probate court will then appoint three citizens of the county to serve as commissioners. The objective of the commissioners is to assess the compensation owed to the defendant (i.e., the landowner). The panel has twenty days to make their report, which they will then send to the probate court. Once the court receives the report, it will issue the order and compel the condemning authority to pay the awarded amount into court.
Appealing the Court’s Decision
Either party has the right to appeal the order of condemnation to the circuit court within thirty days and demand a jury trial on the amount to be awarded. If the matter proceeds to the circuit court, a judge will oversee the appeal and the jury will determine the amount of just compensation to be awarded. Since these matters occur within the court system, it’s best to work with your attorney to develop a strategic plan to help you maximize your chances of securing a favorable outcome.
Upholding Your Legal Rights at Every Turn
Facing a condemnation action can be overwhelming and confusing. Suddenly, you worry about losing your property and how this incident will affect your future. Before you assume the worst, reach out to a skilled and experienced Alabama condemnation attorney to discuss your options. Together, you can develop a sound legal approach to enforce your rights and advocate for a fair and favorable outcome.
If you are struggling with an eminent domain or condemnation matter, reach out to an experienced and trusted attorney right away to discuss your legal options. The dedicated legal team at Sewell Sewell Beard LLC is ready to help you understand your rights and identify the most strategic path forward to obtain a favorable outcome. We have been doing this for nearly 40 years. Call our Alabama office at (205) 544-2350 or our Texas office at (972) 777-5390 today to get started.
