If you own private property in Alabama, this is often a source of pride and accomplishment. Having a piece of land to call your own, regardless of its size, can bring a sense of much-needed peace and security to you and your loved ones. For the most part, you do what you want with your private property, whether your vision is to plant a wide variety of plants or to construct a play structure for your children. However, it’s essential for private landowners in Alabama to recognize that there are certain circumstances in which a qualified government entity may decide to invoke its eminent domain authority in order to seize your property for projects for public use. Both the federal and state constitutions grant government entities the power of eminent domain, which allows them to take someone’s private property (in exchange for “just” compensation) and use it for projects that will benefit the public in some way.
For example, if there is a considerable amount of traffic in your community, your local transportation department may propose a light-rail or train construction project in order to provide more public transportation options to residents, thereby benefiting the general public and improve traffic flow once the project is completed. But, in order to build the new railway system, the entity may need to invoke its eminent domain authority and seize private property that it will then demolish and use to construct the necessary infrastructure. When a qualified entity exercises its eminent domain power, it must initiate a formal legal process known as condemnation.
As a private property owner facing an eminent domain or condemnation action, it’s essential to understand your legal rights and options during every stage of the impending proceedings. Enlisting the guidance of a highly qualified and caring Alabama condemnation attorney is the best way to ensure that your rights are protected at every opportunity. This post will explore some basic information about the government taking private property for public use and how seeking the support of a dedicated legal advocate can maximize your chances of obtaining a fair and favorable outcome.
Taking Property By Eminent Domain in Alabama
The government and other qualified entities (such as utility companies) may decide to invoke their eminent domain power to complete a construction or expansion project that will ultimately serve the public’s best interests. Many cases involving the government taking land for public use are direct takings, meaning that the taking may include land, buildings, or site improvements like parking lots, landscaping, and more. Essentially, these physical items become the property of the condemning authority during the taking. However, there is a formal legal process that the condemning authority must follow in order to ensure that the affected property owners receive “just’ compensation in return for the eminent domain taking. Below is a brief overview of some of the key steps involved in the Alabama condemnation process.
Eminent Domain Valuation and Appraisal
Since the condemning authority is obligated to offer the affected property owner a just amount of compensation in exchange for seizing their private property, the condemnor must have the property appraised to determine an amount that is considered a just offer. As a property owner, you (or your designated representative) are entitled to be given a reasonable opportunity to accompany the appraiser as they inspect the property. It’s important to keep in mind that the condemning authority typically relies on appraisers with whom they have friendly and on-going relationships (i.e., the appraiser tends to serve the interests of the condemning entity), and this potential bias often results in a lowball or otherwise less-than-ideal compensation offer.
Making a Compensation Offer in Writing
Once the appraiser has arrived at a valuation amount, the condemning entity must provide the owner with an amount that could reasonably be considered “just compensation” in exchange for the direct taking of the property. This offer must be in writing, and the condemnor must include a written summary that shows the reasoning behind the amount considered to be an offer of just compensation.
Initiating a Condemnation Action in Probate Court
If the offer is not accepted, the condemning authority will initiate a formal condemnation action by filing a complaint in the local Probate Court. All parties involved in the condemnation proceedings will receive written notification of the action. The affected property owner may respond to the complaint in order to challenge the authority’s right to condemn, dispute the area in question, or raise preliminary objections to the condemnation procedures.
Attending the Commissioners’ Hearing
The condemnation case will be heard by a panel of three commissioners. During the hearing, the commissioners will receive evidence from appraisers relating to the value of the property being taken as well as the damages resulting from the project to the remaining property not being taken. Within twenty days of their appointment, the commissioners are obligated to issue a written report to the Probate Court that states the amount of damages and compensation that is appropriate in the case. The Probate Court will then issue an order that formally condemns the property, divests the owner of title, transfers title to the condemnor and directs the condemnor to pay the award into the Probate Court. The Probate Court will then conduct an ascertainment hearing where all parties interested in obtaining some or all of the award (mortgage company, lienholder, etc.) can appear and be heard.
Recognizing the Landowner’s Right to Appeal
Once the Probate Court issues its final order, the private landowner has the right to appeal the decision to the Circuit Court where the case can be tried before a judge or jury. From start to finish you need a knowledgeable and experienced Alabama eminent domain attorney to navigate you through this process.
Learn More About Taking Private Property for Public Use Today
As a private property owner facing the potential condemnation of your land, it’s essential that you understand your legal rights and options in such matters. The amount of compensation is usually determined based on the market value of the land being taken, along with any improvements thereon, at its highest and best use, not its current use – plus any damages to the remaining property not being taken. These damages to the remainder often involve problems with highway access, drainage problems, etc. It is important to hire a knowledgeable condemnation lawyer as soon as you learn that your property may be affected by a public project. Your lawyer will assist you in retaining your own appraiser that is experienced in these complex matters. For more information about how to navigate cases involving property taken by eminent domain, get in touch with a dedicated Alabama condemnation law firm today.
If you are struggling with an eminent domain or condemnation matter, consider enlisting the support and guidance of a highly qualified and experienced legal advocate who can help you identify the most strategic path forward. The dedicated condemnation attorneys at Sewell Sewell Beard, LLC, are ready to provide you with the customized legal advocacy you deserve. 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.
