HB392 By Representative Fridy RFD State Government Rd 1 15-MAR-16

SYNOPSIS: Under existing law, property may be acquired by the state or another governmental entity through an eminent domain proceeding. However, if an owner of property alleges that the property was taken or injured without initiating an eminent domain proceeding and the property owner discovers the encroachment, the owner may file an inverse condemnation action.

Under existing law, there is no specific statute of limitations for the filing of an inverse condemnation action against a state official.

This bill would require an inverse condemnation action to be commenced within two years after the property was appropriated for public use.

A BILL TO BE ENTITLED AN ACT

Relating to the statute of limitations for inverse condemnation actions against the state; to amend Section 6-2-38, Code of Alabama 1975, to provide that actions for inverse condemnation must be commenced within two years from the date the property was appropriated for public use.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 6-2-38, Code of Alabama 1975, is amended to read as follows:

§6-2-38.

"(a) An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death.

"(b) All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues and not after.

"(c) For recovery of charges, action shall be begun against common carriers of property by motor vehicles subject to this article within two years from the time the cause of action accrues and not after, except as provided in subsection (d) of this section; provided, that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation, said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

"(d) If on or before the expiration of the two-year period of limitation in subsection (c) of this section, a common carrier by motor vehicle subject to Chapter 3 of Title 37 begins action under subsection (c) of this section for recovery of charges in respect of the same transportation service or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include 90 days from the time such action is begun or such charges are collected by the carrier.

"(e) The cause of action in respect of a shipment of property shall, for the purpose of subsections (b) through (f) of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier and not after.

"(f) The term "overcharges" as used in subsections (b) through (e) of this section shall mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Public Service Commission.

"(g) Any action brought under Section 25-5-11(b) must be brought within two years of such injury or death.

"(h) All actions for malicious prosecution must be brought within two years.

"(i) All actions for seduction must be brought within two years.

"(j) All actions qui tam or for a penalty given by statute to the party aggrieved, unless the statute imposing it prescribes a different limitation, must be brought within two years.

"(k) All actions of libel or slander must be brought within two years.

"(l) All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.

"(m) All actions for the recovery of wages, overtime, damages, fees, or penalties accruing under laws respecting the payment of wages, overtime, damages, fees, and penalties must be brought within two years.

"(n) All actions commenced to recover damages for injury to the person or property of another wherein a principal or master is sought to be held liable for the act or conduct of his agent, servant, or employee under the doctrine of respondeat superior must be brought within two years.

"(o) All actions commenced under Section 6-5-411 to recover damages for injury or damage to property of a decedent must be brought within two years.

"(p) All actions commenced for inverse condemnation must be commenced within two years from the date that the property that is the subject of the action was appropriated for public use.

"(p)(q) If any action is commenced before the time limited has expired, judgment is entered for the plaintiff and such judgment is arrested or reversed on appeal, the plaintiff or his legal representative may commence an action again within one year from the reversal or arrest of such judgment though the period limited may in the meantime have expired; and in like manner, if more than one judgment is arrested or reversed, an action may be recommenced within one year."

Section 2. This amendatory act shall not apply to any civil action commenced prior to the effective date of this act.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Civil Procedure

Condemnation

Eminent Domain

State Agencies

Counties

Municipalities

Code Amended