9-9-49
Section 9-9-49 Rights of landowners as to use of drains, watercourses, etc., as outlets for
lateral drains from lands. The owner of any land that has been assessed for the cost of the
construction of any ditch, drain, watercourse or other improvement as provided in this article
shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains
from said land; and, if said land is separated from the ditch, drain, watercourse or other
drainage improvement by the land of another or others and the owner thereof shall be unable
to agree with said other or others as to the terms and conditions on which he may enter their
lands and construct said drain or ditch, he may petition to condemn the same and the same
proceeding shall be had as in cases of condemnation under the right of eminent domain. When
the drain is constructed it shall become a part of the drainage system and shall be under
the control of the board of water management commissioners and be kept in repair...
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18-1A-2
Section 18-1A-2 Scope of chapter. (a) This chapter provides standards for the acquisition of
property by condemnors, the conduct of condemnation actions, and the determination of just
compensation. It does not confer the power of eminent domain, and does not prescribe or restrict
the purposes for which or the persons by whom that power may be exercised. (b) This chapter
supplements the law of this state relating to the acquisition of property and to the exercise
of the power of eminent domain. In the event of conflict between this chapter and any other
law with respect to any subject governed by this chapter, this chapter prevails. (Acts 1985,
No. 85-548, p. 802, §102.)...
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18-1A-20
Section 18-1A-20 Application of article. (a) In order to encourage and expedite the acquisition
of property by agreement, to avoid litigation and relieve congestion in the courts, to assure
consistent treatment of owners, and to promote public confidence in practices and procedures
relating to the acquisition of property for public use, a condemnor, when acquiring property,
shall comply with applicable provisions of Sections 18-1A-21 through 18-1A-30. (b) Sections
18-1A-21 through 18-1A-30 apply to the purchase and acquisition of materials, supplies, equipment,
or other personal property only if the condemnor determines to exercise its power of eminent
domain with respect to that property or by reason of the exercise of such power substantially
damages the same. (c) Sections 18-1A-21 through 18-1A-30 shall not apply to the purchase of
lands under Chapter 3 of this title. (Acts 1985, No. 85-548, p. 802, §201.)...
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11-61A-9
Section 11-61A-9 Powers. The authority shall have the following powers, together with all incidental
powers necessary: (1) To have succession by its corporate name for the duration of time (which
may be in perpetuity) specified in its certificate of incorporation. (2) To sue and be sued
in its own name in civil suits and actions. (3) To adopt and make use of a corporate seal
and to alter the seal at pleasure. (4) To adopt and alter bylaws for the regulation and conduct
of its affairs and business. (5) To acquire, receive, take, and hold, whether by purchase,
gift, lease, devise, eminent domain, or otherwise, property of every description, whether
real, personal, or mixed, and to manage the property, and to develop any undeveloped property
owned, leased, or controlled by it. An authority may not acquire or lease real property located
outside the boundaries of the municipality. An authority created under this chapter may not
exercise any power of eminent domain without a concurring...
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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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41-10-91
Section 41-10-91 Powers of corporation - Generally. The corporation shall have the following
powers, together with all powers incidental thereto or necessary to the discharge thereof
in corporate form: (1) To have succession by its corporate name until dissolved as provided
in this article; (2) To sue and be sued, to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and the parties; (3) To make use of a corporate
seal and to alter the same at pleasure; (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business; (5) To acquire, whether by purchase, gift, lease, devise,
exercise of the power of eminent domain or otherwise, property of every description which
the board may deem necessary to the acquisition, construction, improvement, enlargement, operation
or maintenance of one or more projects and to hold title thereto or a leasehold interest therein;
(6) To borrow money for any of its corporate purposes and to sell...
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41-9-253
Section 41-9-253 Cahawba Historical Site - Powers of commission; payment of expenses. The Alabama
Historical Commission may acquire title, possession, or control of such properties and also
of objects of historic interest at the Cahawba Historical Site as it may deem necessary or
proper to be maintained, preserved, and protected on behalf of the State of Alabama and may
acquire, by purchase, construction, lease, gift, condemnation, or otherwise, lands and rights
in land, including leaseholds and easements, and water rights in the rivers and lands adjacent
to or in the immediate vicinity of Cahawba. The commission's power of eminent domain may be
exercised under Title 18 and any amendments thereto, or pursuant to any other general statutory
provision enacted for the exercise of the power of eminent domain. The commission may mark
in suitable manner the places or locations of historic interest at such point and prepare
and publish for distribution pamphlets or other printed matter with...
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11-47-252
Section 11-47-252 Requirements for construction of beach project. A coastal municipality may
not begin construction of a beach project until each of the following requirements have been
satisfied: (1) The governing body of the coastal municipality, after a public hearing held
on not less than 30 days' public notice, has identified the following by adoption of a survey,
map, metes and bounds description, or plane coordinate references. a. The location of the
mean high tide line for the area in which the beach project is proposed to be located. b.
The location of the limits of the landward and seaward extensions of the proposed beach project
relative to both the mean high tide line and the construction control line, if any, then established
under the regulations of the Alabama Department of Environmental Management, the ordinances
of the coastal municipality, or both. (2) The Commissioner of the Department of Conservation
and Natural Resources, acting through the Lands Division of the...
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11-50-52
Section 11-50-52 Extension or alteration of sewer system, etc. Any city or town may extend
or alter its sewer system and extend the mains whenever in the opinion of the city or town
it may be necessary or expedient to do so, and such city or town may extend the mains to any
point in the county in which it is situated, and for these purposes, the said city or town
shall have and exercise the full rights of eminent domain and may acquire such lands or easements
therein and the uses of such waterways as may be necessary by the proceedings provided by
law for acquiring private property for public uses. (Code 1907, §1292; Code 1923, §2050;
Code 1940, T. 37, §603.)...
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18-1A-197
Section 18-1A-197 Factors upon which opinion as to value may not be based. Notwithstanding
the provisions of Sections 18-1A-192 to 18-1A-196(5), the following factors are not admissible
as a basis for an opinion as to the value of property: (1) The price or other terms and circumstances
of an acquisition of comparable property, where that property was or could have been acquired
in that transaction under the power of eminent domain; (2) The price at which property was
optioned, offered, mortgaged, or listed for purchase, sale, or lease; (3) The assessed value
of property for purposes of taxation; (4) Except as provided in subdivision (5) of Section
18-1A-193, the influence upon the value of the property being valued of an exercise of the
police power or of other noncompensable damage. (Acts 1985, No. 85-548, p. 802, §1108.)...

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