12-19-136
Section 12-19-136 Witness fees in probate court - Ad quod damnum proceedings. Witnesses summoned
in ad quod damnum proceedings, to assess the damages to real estate from taking land, are
entitled to the same fees and allowances as in the circuit court, to be taxed as costs. (Code
1876, §5060; Code 1886, §3698; Code 1896, §1388; Code 1907, §3683; Code 1923, §7243;
Code 1940, T. 11, §54.)...
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18-1A-282
Section 18-1A-282 Commissioners to report assessment; issuance of order of condemnation upon
deposit in court or payment of damages, etc., assessed; notice of order. The commissioners
must, within 20 days from their appointment, make a report in writing to the probate court
stating the amount of damages and compensation ascertained and assessed by them for the owners
of each tract of and, or persons injured and other parties interested therein, and thereupon,
within seven days, the probate court must issue an order that the report be recorded and the
property be condemned upon payment or deposit into the probate court of the damages and compensation
so assessed. A notice of entry of said order and the amount of the award shall immediately
be mailed by first class mail to each party whose address is known, together with a notice
of the right to appeal therefrom to the circuit court within 30 days from the date of said
order. (Acts 1985, No. 85-548, p. 802, §1613.)...
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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.)...
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18-1A-279
Section 18-1A-279 Commissioners - Appointment; qualifications; certificate; vacancies. If the
complaint be granted, in whole or in part, within 10 days after the complaint 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 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 damages and that they knew
nothing of the same prior to their appointment. The judge of probate may fill any vacancy
occasioned by death, failure to act, or any disqualification of any such commissioners from
interest, prior knowledge of the subject matter or being consulted with, advised with, or
approached in reference to the condemnation of such lands prior to...
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9-9-26
Section 9-9-26 Transmittal of certified copy of water management plan to probate court; petition
for appointment of viewers; composition, etc., of board of viewers; qualifications and appointment
of members. Within 90 days after the adoption of the plan of water management, the secretary
of the board of water management commissioners shall prepare and transmit a certified copy
thereof to the court of probate of the county in which the district is organized, and at the
same time the board of water management commissioners shall file with said court of probate
a petition to appoint viewers to appraise the lands within and without said district to be
acquired for rights-of-way on the works of improvement of the district and to assess benefits
and damages according to all lands in the district and other property by reason of the execution
of the plan of water management. Within 30 days after the filing of such petition, the court
of probate shall by an order appoint a board of viewers...
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15-23-14
Section 15-23-14 Award of compensation subrogates commission to rights of claimant as to collateral
source; funds recovered from collateral source held in trust for commission; disposition of
trust funds; notice of action to recover damages; restitution hearings. (a) If compensation
is awarded, the commission shall be subrogated to all the rights of a claimant to receive
or recover from a collateral source to the extent that compensation was awarded. (b) In the
event the claimant recovers compensation, other than under the provisions of this article,
for injuries or death resulting from criminally injurious conduct, the claimant shall retain,
as trustee for the commission, so much of the recovered funds as necessary to reimburse the
Alabama Crime Victims Compensation Fund to the extent that compensation was awarded to the
claimant from that fund. The funds retained in trust shall be promptly paid over to the commission
and deposited in the Alabama Crime Victims Compensation Fund....
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9-9-28
Section 9-9-28 Notice of hearing on report of board of viewers. When the report of the board
of viewers is fully completed in accordance with the provisions of this article and filed,
the court of probate shall forthwith set a date for hearing said report, not less than 30
days thereafter, and shall give notice thereof by causing publication to be made as hereinafter
defined, and the following form shall suffice: "Notice of Filing of Viewers' Report and
Hearing Thereon for ___ Water Management District. Notice is hereby given to all persons interested
in the following described land and property in _____ County (or Counties), Alabama; (here
describe land and property) included within and without _____ water management district, that
the board of viewers heretofore appointed to assess benefits and damages to the property and
lands situated within and without said water management districts and to appraise the cash
value of the land necessary to be taken for rights-of-way for the...
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18-1A-171
Section 18-1A-171 Reduction of compensation award because of incidental benefits from taking.
The amount of compensation to which the owners and other parties interested therein are entitled
must not be reduced or diminished because of any incidental benefits which may accrue to them
or to their remaining lands in consequence of the uses to which the lands to be taken or in
which the easement is to be acquired will be appropriated; provided, that in the condemnation
of lands for ways and rights-of-way for public highways, water or sewer lines, the commissioners
or jury may, in fixing the amount of compensation to be awarded the owner for lands taken
for this use, take into consideration the value of the enhancement to the remaining lands
of such owner that such highway, water or sewer lines may cause; and provided further, that
in proceedings instituted by water conservancy districts and water management districts, benefits
accruing to the landowner from an improvement may be...
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18-1A-292
Section 18-1A-292 Distribution of award - Proceedings when claims not filed and court doubtful
as to proper distribution; assertion of adverse claim or title involving determination of
title to land. The probate court may, in the event no such claims are filed by any of such
parties and where the probate court is doubtful as to a proper division, require the parties
in interest to propound their claims and to hear evidence upon the same in order that the
probate court may determine to what part or proportion of said award each of said parties
may be rightly entitled. No division or partition for distribution shall be made by the probate
court under this section when any adverse claim or title is asserted by any one of the interested
parties, which involves the determination of the title to land, and the procedure for partition
or distribution under this section shall follow as near as may be the manner provided for
the partition of property in chapter 6 of Title 35; except, that no...
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11-52-50
Section 11-52-50 Authorized; adoption, approval, etc., of plat therefor; agreements between
planning commission and landowners as to releases of claims for damages or compensation for
reservations; abandonment of reservations. Any municipal planning commission is empowered,
after it shall have adopted a major street plan of the territory within its subdivision jurisdiction
or of any major section or district thereof, to make or cause to be made, from time to time,
surveys for the exact location of the lines of a street or streets in any portion of such
territory and to make a plat of the area or district thus surveyed, showing the land which
it recommends be reserved for future acquisition for public streets. The commission, before
adopting any such plat, shall hold a public hearing thereon, notice of the time and place
of which, with the general description of the district or area covered by the plat, shall
be given not less than 10 days previous to the time fixed therefor by one...
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