18-3-3
Section 18-3-3 Application to probate court. The right conferred by this article shall be exercised
by application to the probate court of the county in which the lands over which such right-of-way
is desired, or a material portion thereof are situated, and the same proceedings shall be
had as in cases of condemnation of lands for public uses as provided by Chapter 1 of this
title. (Acts 1919, No. 679, p. 982; Code 1923, §7531; Code 1940, T. 19, §58.)...
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18-3-22
Section 18-3-22 Application to probate court. The right conferred by this article shall be
exercised by application to the probate court of the county in which the lands over which
such right-of-way is desired, or a material portion thereof are situated, and the same proceedings
shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1A
of this title. (Acts 1927, No. 475, p. 520; Code 1940, T. 19, §55.)...
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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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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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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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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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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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12-13-1
Section 12-13-1 Jurisdiction generally; validity and presumptions to be accorded to judgments,
orders, etc., of probate courts. (a) The probate court shall have original and general jurisdiction
as to all matters mentioned in this section and shall have original and general jurisdiction
as to all other matters which may be conferred upon them by statute, unless the statute so
conferring jurisdiction expressly makes the jurisdiction special or limited. (b) The probate
court shall have original and general jurisdiction over the following matters: (1) The probate
of wills. (2) The granting of letters testamentary and of administration and the repeal or
revocation of the same. (3) All controversies in relation to the right of executorship or
of administration. (4) The settlement of accounts of executors and administrators. (5) The
sale and disposition of the real and personal property belonging to and the distribution of
intestate's estates. (6) The appointment and removal of guardians for...
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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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42-2-7
Section 42-2-7 Commissioners for assessment of damages and compensation - Appointment; notice
to commissioners; duties. If the application is granted, the judge of probate must appoint
three citizens of the county in which the lands sought to be condemned are situated, who shall
possess the qualifications of jurors, who shall be disinterested and who shall be required
to file a certificate along with their award that neither of them had ever been consulted,
advised with or approached by any person in reference to the value of the lands or the proceedings
to condemn the same, prior to the assessment of the damages, and that they knew nothing of
the same before their appointment. The judge of probate is authorized to fill any vacancy
occasioned by the death, resignation, failure to act or any disqualification of any such commissioners
from interest, prior knowledge of the subject matter or by being consulted, advised with or
approached in reference to the condemnation of such lands prior...
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