10A-21-2.08
Section 10A-21-2.08 Condemnation of lands for depots, yards, and tracks by railroads. Railroads
or railroad companies operating in this state may acquire by condemnation proceedings, in
the mode prescribed by law, lands for depots, freight yards, and team tracks; but no condemnation
proceeding shall be begun for either of those purposes until an application for permission
to bring the condemnation proceeding has first been submitted to, and the same approved by,
the Public Service Commission of Alabama. Should the lands not be used for the purposes of
condemnation within one year from the date of their condemnation or should the lands be abandoned
for the use condemned or be used for purposes not authorized by the condemnation, the same
shall revert to the owner or owners or his, her, or their heirs. (Code 1907, §3492; Code
1923, §7026; Code 1940, T. 10, §81; §10-5-7 amended and renumbered by Act 2009-513, p.
967, §358.)...
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10A-21-2.04
Section 10A-21-2.04 Condemnation for rights-of-way or easements by mining, manufacturing, industrial,
power, and quarrying companies. (a) Every mining, manufacturing, industrial, power, and quarrying
corporation or company may acquire by condemnation rights-of-way or easements over or across
the lands or easements of others for ways and rights-of-way on or under which it may erect
or construct and operate railways, tramways, pipelines, transmission lines, cables, ways,
roads, and underground passages not exceeding 100 feet in width for the purpose of connecting
any part of its lands, works, plants, mines, lines, or system with any other part thereof,
with any public road, railroad, navigable water, with the mines, lands, works, plants, lines,
or system of any other such company, corporation, or owner or with any shipping, storage,
delivery, receiving, or distributing point and for the purpose of transporting or transmitting
any materials, equipment, or products used by or mined,...
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10A-20-15.01
Section 10A-20-15.01 Rights, powers, and authority. All corporations organized under the general
laws of this state, or heretofore under a special act of the Legislature, and all corporations
organized under the laws of any other of the United States which have complied with the Constitution
and laws of the State of Alabama as to foreign corporations and which by their charter have
the right to manufacture, supply, and sell to the public power produced by water as a motive
force, shall, after acquiring by purchase, or otherwise than by condemnation, a dam site or
power site comprising not less than one acre of land upon each and opposite sides of any watercourse
or after acquiring by purchase, or otherwise than by condemnation, a dam site comprising not
less than one acre of land upon one side of any watercourse and, where the dam site on the
other side of the watercourse is owned or controlled by the United States, shall have acquired
the permission of the United States to attach to...
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10-5-7
Section 10-5-7 Condemnation of lands for depots, yards and tracks by railroads. All provisions
of Title 10 have been repealed or transferred to Title 10A, effective January 1, 2011. (Code
1907, §3492; Code 1923, §7026; Code 1940, T. 10, §81.)...
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16-54-15
Section 16-54-15 Condemnation of lands or interests therein. Whenever the University of Montevallo
needs any land or interest therein near the university for its purposes, and the owner thereof
is a minor or an insane person, or refuses to sell the land to the state for the use of the
university, or will not agree with the board of trustees or the president on a price therefor,
the trustees shall have authority to institute in the probate court of Shelby County proceedings
in the name of the State of Alabama, to condemn such land, which proceedings shall be conducted
as nearly as may be possible in accordance with the provisions of Chapter 1 of Title 18. It
shall be the duty of the trustees to pay out of the funds of the university all costs of every
condemnation proceeding instituted by them under the power hereby conferred. (School Code
1927, §514; Code 1940, T. 52, §470; Acts 1979, No. 79-225, p. 342, §1.)...
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10A-21-2.07
Section 10A-21-2.07 Condemnation of water sources, riparian rights and necessary lands by waterworks
corporation. (a) Corporations authorized to construct and operate waterworks for the supplying
of municipalities and their inhabitants, or others living or doing business in the vicinity
of them, with water shall have the power, in order to obtain a supply of water for their storage
ponds, reservoirs, pipes, and canals, to take over and use, after condemning the same, water
of any river, stream, spring, or other water source which may be necessary for them to use
for that purpose. They may also acquire by condemnation riparian rights and all lands adjacent
to such streams or water sources as shall be necessary to protect and preserve the purity
of such supply; and they shall also have the power to condemn rights-of-way and sites of any
necessary area for pipelines, ditches, canals, dams, storage ponds, reservoirs, and other
necessary purposes for the operation of their waterworks and...
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33-7-53
Section 33-7-53 Development and relief work upon and abutting on tidelands. In order to encourage
the building of bridges, causeways and other development work and relief work, the owner of
any lands in the State of Alabama abutting on tidelands, the title to which or control of
which may now or hereafter be vested in the State of Alabama, which shall not have been improved
by or under valid public authority and shall not be otherwise devoted to public use, shall
be authorized to acquire such tidelands and to fill, reclaim or otherwise improve same and
to fill in, reclaim or otherwise improve the abutting submerged land and to own, use, mortgage
and convey the lands so reclaimed, filled or improved, and any improvements thereon, under
and subject to the conditions and approval herein stated. Any such improvement shall conform
to any harbor line established at the time of such improvement by state or federal authority
having jurisdiction over such matters, or if not then already...
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11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc. (a) Whenever
the proprietor or proprietors or any of them of any of the lands necessary for any of the
purposes provided in Section 11-47-171 or necessary for opening new streets or widening old
streets and the mayor or other chief executive officer cannot agree on a price of said lands
or cannot agree as to the amount to be paid for changing the grade of any street, sidewalk,
or public place and whenever the proprietor or proprietors thereof shall be an infant, non
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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16-11-13
Section 16-11-13 Acquisition, maintenance, etc., of property - Condemnation. When lands or
any interest therein shall be deemed necessary by the board of education for the site of a
schoolhouse, for enlarging a schoolhouse lot or for playgrounds or other public school purposes,
and the board of education for any reason shall be unable to contract with the owner or owners
for the title thereof, the said board of education may institute condemnation proceedings
to acquire such lands or the interest therein. Said condemnation proceedings shall be in all
respects conducted and regulated as provided by Chapter 1 of Title 18. (School Code 1927,
§208; Acts 1931, No. 130, p. 192, § 1; Code 1940, T. 52, §168.)...
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23-1-82
Section 23-1-82 County commissions - Eminent domain. The county commissions of the several
counties of the state are given the right of eminent domain for the purpose of establishing
and changing public roads, bridges, and ferries in their respective counties, except in cases
where the State Department of Transportation has jurisdiction over such highways. When an
appeal is taken from any assessment in a condemnation proceeding brought by a county, such
appeal shall not deprive the county obtaining the judgment of condemnation of a right of entry
for any and all purposes named in the condemnation proceeding provided the amount of damages
assessed shall have been paid into court in money and a bond shall have been given in not
less than double the amount of damages assessed, with good and sufficient sureties, to be
approved by the clerk of the court to which the appeal is taken, conditioned to pay such damages
as the owner of the property may sustain. Said amount of damages may be paid...
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