33-2-35
Section 33-2-35 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of dock facilities
and convenient approaches thereto in furtherance of the purposes of this article, the department
shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation.
The department shall have all powers with respect to the condemnation of properties for the
purposes of this article that were granted to that department in the 1957 Docks Act with respect
to the condemnation of properties for the purposes of the 1957 Docks Act; and the exercise
of such powers hereunder shall be subject to all limitations and conditions prescribed in
the 1957 Docks Act. (Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §6.)...
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33-2-6
Section 33-2-6 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of railroads and structures,
including railroad crossings, wharves, piers, elevators, compresses, warehouses, improvements
and riparian and littoral terminals and structures and convenient approaches thereto in furtherance
of the purposes of this article, the Alabama State Docks Department shall have the power to
acquire same by gift, lease, purchase, negotiation or condemnation, and, in condemning property,
it may proceed in any manner authorized by the general laws of the state for proceedings by
any county, municipality or corporation organized under the laws of this state to acquire
property by condemnation, subject to the restrictions contained in this article. (Acts 1957,
No. 311, p. 408, §6.)...
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33-2-65
Section 33-2-65 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of dock facilities
and convenient approaches thereto in furtherance of the purposes of this article, the department
shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation.
The department shall have all powers with respect to the condemnation of properties for the
purposes of this article that were granted to that department in the 1957 Docks Act; and the
exercise of such powers hereunder shall be subject to all limitations and conditions prescribed
in the 1957 Docks Act. (Acts 1961, No. 716, p. 1014, §6.)...
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33-2-95
Section 33-2-95 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of dock facilities
and convenient approaches thereto in furtherance of the purposes of this article, the department
shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation.
The department shall have all powers with respect to the condemnation of properties for the
purposes of this article that were granted to that department in the 1957 Docks Act; and the
exercise of such powers hereunder shall be subject to all limitations and conditions prescribed
in the 1957 Docks Act. (Acts 1963, No. 192, p. 573, §6.)...
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9-17-154
Section 9-17-154 Eminent domain. (a) Any storage operator is hereby empowered, after obtaining
approval of the board as herein required, to exercise the right of eminent domain in the manner
provided by law, to acquire all surface and subsurface rights and interests necessary or useful
for the purpose of operating the storage facility (including easements and rights-of-way across
lands for transporting, by pipeline or otherwise, gas to and from said facility) and to exercise
eminent domain rights to acquire any hydrocarbons therein, pursuant to the provisions hereof.
Such power shall be exercised under the procedure provided by Chapter 1A, Title 18. (b) No
rights or interests in storage facilities acquired for the injection, storage and withdrawal
of gas by a party who has eminent domain rights under this act and who has obtained an order
from the board under the provisions of Section 9-17-152, shall be subject to the exercise
of any eminent domain rights; and no portion of any salt...
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23-1-82
Section 23-1-82 County commissions - Eminent domain. The county commissions of the several
counties of the state are given the right of eminent domain for the purpose of establishing
and changing public roads, bridges, and ferries in their respective counties, except in cases
where the State Department of Transportation has jurisdiction over such highways. When an
appeal is taken from any assessment in a condemnation proceeding brought by a county, such
appeal shall not deprive the county obtaining the judgment of condemnation of a right of entry
for any and all purposes named in the condemnation proceeding provided the amount of damages
assessed shall have been paid into court in money and a bond shall have been 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. Said amount of damages may be paid...
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4-2-93
Section 4-2-93 Exercise of power of eminent domain in name of state; right of entry for surveys
and examinations; possession of property after filing of petition; abandonment of condemnation
proceedings. Repealed by Act 2000-220, § 48, effective May 13, 2000. (Acts 1945, No. 402,
p. 620, §6.)...
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10A-1-7.37
Section 10A-1-7.37 Extension of lines, tracks, ways, or works into state. Any foreign entity
which has complied with the constitution and laws of this state for transacting business in
this state and which is engaged in constructing or operating a streetcar, electric light,
telegraph, telephone or power lines, pipelines, or works in an adjoining state may extend
its lines, tracks, ways, pipelines, or works into this state and connect with other lines,
pipelines, ways or works of similar or like character and, for that purpose, may have and
exercise the same rights, privileges, immunities and remedies as to right of eminent domain
and condemnation proceedings as are had and exercised by domestic entities engaged in like
or similar business. (Acts 1994, No. 94-245, p. 343, §1; §10-2B-15.13; amended and renumbered
by Act 2009-513, p. 967, §67; Act 2018-125, §3.)...
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35-18-2
Section 35-18-2 Easement conveyed, recorded, assigned, etc.; term of easement; interest maintained;
condemnation. (a) Except as otherwise provided in this chapter, a conservation easement may
be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered
or affected in the same manner as other easements. A conservation easement may not be created
or expanded under this chapter by any state, county, or local governmental body through the
exercise of the power of eminent domain. (b) No right or duty in favor of or against a holder
and no right in favor of a person having a third-party right of enforcement arises under a
conservation easement before its acceptance by the holder and a recordation of the acceptance.
(c) Except as provided in subsection (b) of Section 35-18-3, the term of a conservation easement
shall be the term stated in the instrument creating the easement or, if no term is stated,
the lesser of 30 years or the life of the grantor, or upon...
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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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