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24-1-68
Section 24-1-68 Acquisition, etc., of property for government housing projects. The authority
may acquire by purchase or by the exercise of its power of eminent domain as provided in Section
24-1-67, any property, real or personal, which is necessary for any housing project being
constructed or operated by a government. The authority upon such terms and conditions, and
for such consideration as it shall determine, may convey title or deliver possession of such
property, so acquired or purchased, to such government for use in connection with such housing
project. (Code 1940, T. 25, §42.)...
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18-1B-3
Section 18-1B-3 Condemnation of property encumbered by mortgage or deed of trust. Nothing in
Act 2015-39 shall be construed to limit the power of a governmental entity to condemn through
powers of eminent domain property that may be encumbered by a mortgage or deed of trust if
there is a public use for the property as authorized under Alabama's constitution and the
laws of this state; provided, however, that under no circumstances shall condemnation of a
mortgage or deed of trust exclusively be deemed a public use. (Act 2015-39, §2.)...
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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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18-1B-2
Section 18-1B-2 Limitations on condemnation. (a) Neither the State of Alabama, nor any of its
departments, divisions, agencies, commissions, corporations, boards, authorities, or other
entities, nor any agency, corporation, district, board, or other entity organized by or under
the control of any municipality or county in the state and vested by law to any extent whatsoever
with the power of eminent domain may condemn property for the purpose of nongovernmental retail,
office, commercial, residential, or industrial development or use or to primarily condemn
a mortgage or deed of trust; provided, however, the foregoing provisions of this subsection
shall not apply to the exercise of the powers of eminent domain by any county, municipality,
housing authority, or other public entity based upon a finding of blight in an area covered
by any redevelopment plan or urban renewal plan pursuant to Chapters 2 and 3 of Title 24,
provided the purpose of the exercise of the powers of eminent domain...
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22-4-16
Section 22-4-16 Acquisition, purchase, sale, etc., by State Board of Health of land, buildings,
etc., for carrying out health care facility construction and operation program. The State
Board of Health is hereby authorized and empowered to purchase or lease land or acquire property
by eminent domain; to purchase, lease, rent or acquire any building or property needed for
the purpose of carrying out a health care facility construction and operation program; to
sell, exchange or otherwise transfer property, land, buildings and equipment in order to carry
out the comprehensive health care facility construction program; and to do all things necessary
to carry out the powers given in this article. (Acts 1975, No. 1197, p. 2365, §16.)...
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24-2-3
Section 24-2-3 Powers of housing authorities or municipalities - Powers under other housing
laws; contracts; issuance of bonds and other obligations; eminent domain. In undertaking such
redevelopment projects a housing authority, or the governing body of any incorporated city
or town, shall have all the rights, powers, privileges, and immunities that such authority
has under Chapter 1 of this title, and any other provision of law relating to slum clearance
and housing projects for persons of low income, including, without limiting the generality
of the foregoing, the power to make and execute contracts, to issue bonds and other obligations
and give security therefor, to acquire real property by eminent domain or purchase, and to
do any and all things necessary to carry out projects in the same manner as though all the
provisions of law applicable to slum clearance and housing projects were applicable to redevelopment
projects undertaken under this chapter; provided, that nothing...
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33-17-8
Section 33-17-8 Powers enumerated. The authority shall have the following powers: (1) To have
succession by its corporate name without time limit; (2) To bring civil actions and have civil
actions brought against it and to prosecute and defend in any court having jurisdiction of
the subject matter and of the parties; (3) To have and to use a corporate seal and to alter
the same at pleasure; (4) To receive, take and hold by sale, gift, lease, devise or otherwise
real and personal property of every kind and description, and to manage the same; (5) To acquire
by purchase, gift or the exercise of the power of eminent domain, or by any other lawful means,
any property, whether real, personal or mixed, the acquisition of which is found by the board
to be necessary or convenient to the authority in the carrying out of the purposes for which
the authority is authorized to be organized, and to lease or convey any such property or to
cause any such property to be leased or conveyed to the United...
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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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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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