9-13-62
Section 9-13-62 Liability. Any person or entity who damages, destroys, cuts, or removes timber
or other forest products not owned by that person or without the authority of the legal owner,
and any person or entity who shall supervise any other person in so doing, regardless of whether
the act was done knowingly or intentionally, shall be jointly and severally liable to the
owner for double the fair market value of the timber or other forest products that were damaged,
destroyed, cut, or removed. However, any person or entity possessing the power of eminent
domain and any employee, agent, or contractor of the person or entity who, while clearing
a utility right-of-way or easement, mistakenly cuts, damages, destroys, or removes timber
or other forest products from lands adjacent to the utility right-of-way or easement shall
only be liable for the reasonable fair market value of the damaged timber or forest products
and no more, unless it is shown by clear and convincing evidence that...
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9-9-78
Section 9-9-78 Right of condemnation. If it shall be necessary to acquire a right-of-way or
an outlet over and through land affected by the improvements, then and in such event the power
of eminent domain is hereby conferred, and such land may be condemned. The right of condemnation
hereby conferred shall be invoked by application to the court of probate of the county in
which the lands over which said right-of-way or outlet is desired are situated, and the same
proceedings shall be had as in other cases of condemnation of lands for public uses as provided
in this code, and such damages as may be awarded shall be paid by the other landowners in
proportion to the assessments approved by the county commission against the benefits accruing
to their lands by virtue of the improvements established in said subdistrict. (Acts 1936,
Ex. Sess., No. 127, p. 83, §10; Code 1940, T. 2, §271.)...
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33-2-3
Section 33-2-3 Acquisition, construction, maintenance, operation, etc., of facilities; plans
and survey; limitation upon right of eminent domain. Through the Alabama State Docks Department,
the state, in engaging in the works of internal improvements authorized by this article, shall
have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip,
control and operate along navigable rivers, streams or waterways and at river ports or landings
along navigable rivers, streams or waterways now or hereafter existing within the state, wharves,
piers, docks, quays, grain elevators, cotton compresses, warehouses, improvements and water
and rail terminals and such structures and facilities as may be needful for convenient use
of the same, in aid of commerce and use of navigable waterways of the state, to the fullest
extent practical and as the State Docks Department shall deem desirable or proper. This authority
shall include dredging of approaches to any facilities...
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45-49A-64.21
Section 45-49A-64.21 Limitation on eminent domain. Nothing herein shall be construed to authorize
the acquisition by eminent domain of any real property or rights owned or held by railroads
or utilities, both public and private. (Acts 1975, 2nd Sp. Sess., No. 31, p. 141, §21-A.)...

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33-2-6
Section 33-2-6 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of railroads and structures,
including railroad crossings, wharves, piers, elevators, compresses, warehouses, improvements
and riparian and littoral terminals and structures and convenient approaches thereto in furtherance
of the purposes of this article, the Alabama State Docks Department shall have the power to
acquire same by gift, lease, purchase, negotiation or condemnation, and, in condemning property,
it may proceed in any manner authorized by the general laws of the state for proceedings by
any county, municipality or corporation organized under the laws of this state to acquire
property by condemnation, subject to the restrictions contained in this article. (Acts 1957,
No. 311, p. 408, §6.)...
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39-7-22
Section 39-7-22 Powers generally; consent of Department of Finance required for issuance or
sale of bonds or other evidence of indebtedness by authority. (a) Subject only to the Constitution
of the State of Alabama, each authority incorporated under this chapter shall have power:
(1) To sue and be sued; (2) To have a seal and alter the same at pleasure; (3) To acquire,
by purchase, gift, devise, lease or exercise of the power of eminent domain or other mode
of acquisition, hold and dispose of property real and personal, tangible and intangible, and
interests therein in its own name, subject to mortgages or other liens or otherwise, and to
pay therefor in cash or on credit and to secure and procure payment of all or any part of
the purchase price thereof on such terms and conditions as it shall determine; (4) To make
and enter into contracts, indentures of trust, leases and bonds; (5) To borrow money and to
issue negotiable bonds and provide for the rights of the holders thereof; (6) To...
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40-21-50
Section 40-21-50 Levied generally. For each person operating a public utility, such as a street
railroad or interurban railroad operated by electricity or other motive power, waterworks,
gas company, pipeline company for transporting or carrying gas, oil, gasoline, water or other
commodities, gas distributing companies, whether by means of pipeline or by tanks, drums,
tubes, cylinders or otherwise, heating companies or other public utility, except electric,
hydroelectric, telephone or telegraph companies, railroad or sleeping car companies and express
companies which are otherwise licensed, shall pay to the state a license tax equal to two
and two-tenths percent on each $1 of gross receipts of such public utility in this state for
the preceding year. For the first year's business, where an existing public utility is taken
over, such license tax payable to the state shall be equal to two and two-tenths percent on
each $1 of the gross receipts for the preceding year of the public utility...
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11-19-24
Section 11-19-24 Construction of chapter not to impair right of eminent domain, etc., granted
to utilities. This chapter shall not be construed to impair the right of eminent domain granted
heretofore or hereafter by the laws of this state to utilities, whether public or private,
or their right to design, locate, erect, construct, reconstruct, alter, or maintain utility
poles, towers, lines, conduits, pipes, or mains reasonably required in the public service
or their right to exercise authority conferred by statute, franchise, certificate of convenience
and necessity, license, or easement. (Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §24.)...

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18-1B-1
Section 18-1B-1 Statement of legislative intent. In light of the decision and certain opinions
recently announced by the United States Supreme Court interpreting the extent of the power
of government to take property for public use as described in the Fifth Amendment to the United
States Constitution and providing that individual states may restrict the exercise of that
power, the Legislature intends in enacting this chapter and amending Sections 11-47-170 and
11-80-1, to ensure that governmental bodies in Alabama vested with all or any part of the
power of eminent domain may not, the aforesaid recent interpretation of the Fifth Amendment
to the contrary notwithstanding, use the power to take the private property of any person
for the private use of another, as opposed to the use thereof by the public generally, except
as and in the limited circumstances set out in this chapter and Sections 11-47-170 and 11-80-1.
(Act 2005-313, 1st Sp. Sess., p. 643, §1.)...
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24-2-2
Section 24-2-2 Powers of housing authorities or municipalities - Acquisition and redevelopment
of blighted property; limitations on eminent domain; definitions. (a) Any housing authority
now or hereafter established pursuant to this title, or any incorporated city or town may
carry out any work or undertaking, hereafter called a "redevelopment project": (1)
To acquire blighted property as defined in subsection (c). (2) To acquire other real property
for the purpose of removing, preventing, or reducing blight, blighting factors, or the causes
of blight, but this authority to acquire such other property shall not be construed to grant
the power of eminent domain to acquire property that is not blighted without the consent of
the owner. (3) To clear any areas acquired and install, construct, or reconstruct streets,
utilities, and site improvements essential to the preparation of sites for uses in accordance
with the redevelopment plan. (4) To sell or lease land so acquired for uses in...
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