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11-47-173
Section 11-47-173 Right of entry of municipality pending appeal. When an appeal is taken from
any preliminary assessment as provided for in subsection (c) of Section 11-47-172, such appeal
shall not deprive the municipal corporation obtaining the judgment of condemnation from a
right of entry for any or all of the purposes provided for in Section 11-47-171 or subsection
(a) of Section 11-47-172; provided, that the amount of damages assessed shall be paid into
court in money and a bond shall be 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. (Code
1907, §1442; Code 1923, §2298; Code 1940, T. 37, §510.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-47-173.htm - 1K - Match Info - Similar pages
42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/42-2-9.htm - 1K - Match Info - Similar pages
18-1A-52
Section 18-1A-52 Bond for damages caused by entry. (a) An order permitting entry under Section
18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount
that will fairly compensate the owner and any other person in lawful possession or physical
occupancy of the property for damages for physical injury to the property, and for substantial
interference with its possession or use, found likely to be caused by the entry and activities
authorized by the order, and shall require the condemnor other than the state to enter into
bond in double the amount of such preliminary assessment, with good and sufficient sureties,
to pay such damages as the property owner or other person in lawful possession or physical
occupancy of the property may sustain. The bond must be given before entry is made. (b) Unless
sooner disbursed by agreement or court order, the amount of the bond sufficient to cover the
damages sustained shall be paid to those determined by the circuit...
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12-22-5
Section 12-22-5 Final judgment in ad quod damnum proceedings under condemnation order. When
an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4,
Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod
damnum proceedings under Section 18-1-20, the judgment of the circuit court shall not be stayed
if the compensation assessed is paid to the owner and the costs of the case are paid into
court, or if such compensation together with the costs of the case are paid into court and
the applicant has given bond in double the amount of the damages assessed, conditioned to
pay to the landowner such judgment as may be finally entered in his favor. (Code 1907, §2842;
Acts 1911, No. 442, p. 625; Code 1923, §6084; Code 1940, T. 7, §760.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-5.htm - 1K - Match Info - Similar pages
18-1A-286
Section 18-1A-286 Appeal to circuit court upon denial of application by probate court. If the
probate court refuses to grant the application, the applicant shall have a right of appeal
to the circuit court upon giving security for costs, to be approved by the judge of probate,
and upon such appeal the trial shall be de novo. Upon any appeal taken to the circuit court
under this section, if such circuit court determines that the application should be granted,
it shall immediately proceed either to have the damages and compensation assessed as provided
in Section 18-1A-151 or grant the condemnor the right of entry upon deposit of the amount
of its approved offer into circuit court together with a bond in double the amount as provided
in Section 18-1A-284. In such latter event the valuation issue shall be determined as provided
in Section 18-1A-151 as may be set by the circuit court. (Acts 1985, No. 85-548, p. 802, §1617.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-286.htm - 1K - Match Info - Similar pages
18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference with possession
or use of, property caused by his entry and activities upon the property. This liability may
be enforced in a subsequent condemnation proceeding filed within the period specified as a
retention period in Section 18-1A-52 or, if no such proceeding is filed within such period
of time, by civil action with the right of trial by jury on demand of either party. (b) If
funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person entitled
to damages under subsection (a) may apply to the circuit court for payment of his damages
from such funds. If the amount on deposit is insufficient to pay the full amount, the circuit
court shall enter judgment against the condemnor for the unpaid portion. (Acts 1985, No. 85-548,
p. 802, §305.)...
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5-11A-5
Section 5-11A-5 Deposit of security for operation of trust business - Amount required and form;
charges against deposit. Any corporation organized and operating as a trust company or as
a bank authorized by law to do a trust business may deposit with the State Treasurer or elsewhere
United States bonds, bonds, notes or debentures of any federal agency such as a federal land
bank, banks for cooperatives, Farm Home Administration, Federal National Mortgage Association,
etc., Alabama bonds, bonds of any city or county in the State of Alabama or mortgages which
are first liens on real estate, worth in each case double the face of the mortgage, situated
in this state, to an amount not less than $25,000.00, and may increase said deposit from time
to time or reduce the same to an amount not less than $25,000.00, or may withdraw the deposit
entirely, provided such trust companies or banks have made final settlement and accounted
for all assets in their possession and under their control by...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/42-2-7.htm - 2K - Match Info - Similar pages
9-9-27
Section 9-9-27 Viewing and assessment of lands by board of viewers; report of findings. (a)
Within 30 days after qualifying, the board of viewers shall begin its duties, and it may at
any time call upon the attorney of the district for legal advice and information relative
to its duties. Said viewers shall proceed to view the premises and determine the value of
all land and other property within or without the district to be acquired and used for rights-of-way
or other works of drainage, leveeing, reclamation, flood prevention or for the conservation,
development, utilization and disposal of water as set out in the water management plan. They
shall assess the amount of benefits and the amount of damages, if any, that will accrue to
each tract of 40 acres or less, according to the legal or recognized subdivisions of land
according to ownership, to public highways, railroad and other rights-of-way, railroads, roadways
and other property from carrying out and putting into effect the plan...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-27.htm - 3K - Match Info - Similar pages
18-1A-22
Section 18-1A-22 Offer to purchase at full appraised value; amount of compensation; written
statement and summary; waiver valuation. (a)(1) Before commencing a condemnation action, the
condemnor shall establish an amount based on an appraisal, except as otherwise provided in
subsection (e), which it believes to be just compensation therefor and promptly shall submit
to the owner an offer to acquire the property for the full amount so established. (2) The
amount may not be less than the condemnor's established amount of just compensation for the
property. (b) In a total taking, the condemnor shall disregard any decrease or increase in
the fair market value of the property caused by the project for which the property is to be
acquired or by the reasonable likelihood that the property will be acquired for that project,
other than normal depreciation. (c)(1) The amount of compensation to which the owners and
other parties interested therein are entitled may not be reduced or diminished...
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