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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 Repealed by Act 2000-220, § 48, effective May 13, 2000.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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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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33-1-12.1
Section 33-1-12.1 Additional powers. In addition to the powers conferred in this chapter and
by other applicable law, the port authority shall have the following powers: (1) To have and
use a corporate seal and to alter the same at pleasure. (2) To exercise the right of eminent
domain as freely and completely, and in the same manner, as the state has that power now or
at any time hereafter, and the power of eminent domain shall apply not only as to all property
of private persons or corporations but also as to property already devoted to public use.
(3) To acquire by purchase, gift, the exercise of the power of eminent domain, or other lawful
means, sell, rent, lease, and otherwise dispose of real, personal, or mixed property in its
own name, and to construct, improve, renovate, equip, and maintain the docks and its facilities.
(4) To receive, take, and hold by sale, gift, lease, devise, eminent domain, or other lawful
means, real and personal estate of every description in its own...
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11-50-2
Section 11-50-2 Acquisition of power lines and rights-of-way, etc., incident thereto. (a) Cities
and towns in this state are authorized to construct, lease, purchase, or otherwise acquire
power lines for the transmission of electricity from any point in this state or any other
state to said city or town for the purpose of serving the needs of its citizens. (b) For the
purposes of this section cities and towns may exercise the right of eminent domain in acquiring
title to land for rights-of-way, power stations, and other purposes necessary to the operation
of said transmission lines. Such eminent domain proceedings shall be conducted in the manner
provided by law. (Acts 1933, Ex. Sess., No. 105, p. 99; Code 1940, T. 37, §361.)...
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33-7-31
Section 33-7-31 Eminent domain; improvement of navigation. Any such person, firm or corporation
may exercise the power of eminent domain, for the purpose of acquiring such lands as it may
be necessary or convenient to flood or otherwise utilize in order to improve navigation as
provided in this article, such lands to include as well as all the area submerged a strip
of land 50 feet in width bordering upon the margins of the slack water pool or pools as the
same may be defined at the highest stage of the river at any time after the completion of
the improvements herein provided for; and the right hereby conferred to exercise such power
of eminent domain is cumulative. No person, firm or corporation shall acquire the rights granted
by this article, unless the dam or system of dams, and lock or system of locks, to be constructed
by such person, firm or corporation are so planned as, when constructed, will by the operation
thereof improve the navigation of the river in which the dam or...
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4-4-5
Section 4-4-5 Methods of acquisition. Whenever, in the judgment of the council or other governing
body of any municipality of this state, it shall appear necessary or expedient for such municipality
to acquire privately owned lands for airport uses, either within or without the geographical
limits thereof, such municipality shall have power to acquire the same in fee simple by exercise
of the right of eminent domain, by purchase or by gift. Each such municipality shall also
have power to acquire a term of years in lands for airport uses; provided, however, that such
municipality, upon the passage of proper and regular resolution or ordinance authorizing such
action, may provide all or part of the cost of land so acquired for airport or airpark uses
by giving as security a regular mortgage on the lands so acquired. (Acts 1931, No. 136, p.
197; Acts 1935, No. 493, p. 1046; Code 1940, T. 4, §25.)...
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41-10-54
Section 41-10-54 Powers of authority generally; acquisition by eminent domain of real property
or rights owned by railroads or utilities not authorized. (a) The authority shall have the
following powers: (1) To have succession by its corporate name until it is dissolved; (2)
To adopt bylaws for the regulation of its affairs and the conduct of its business; (3) To
adopt and use an official seal and alter the same at pleasure; (4) To maintain a principal
office in Jefferson County, Alabama, and suboffices at such places within the state as it
may designate; (5) To sue and be sued and to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and of the parties; (6) To acquire by purchase,
gift, condemnation or any other lawful means any real, personal or mixed property necessary
or convenient in connection with the purpose for which the authority is formed and to hold
title to such property, together with all rights incidental to its estate in such...
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41-10-267
Section 41-10-267 Powers of authority. The authority shall have the following powers among
others specified in this article: (1) To have succession by its corporate name until dissolved
as provided in this article; (2) To sue and be sued and to prosecute and defend, at law or
in equity, in any court having jurisdiction of the subject matter and of the parties thereto;
(3) To have and to use a corporate seal and to alter the same at pleasure; (4) To make and
alter all needful bylaws, rules and regulations for the transaction of the authority's business
and the control of its property and affairs; (5) To provide for the acquisition, construction,
installation, equipping, operation and maintenance of judicial facilities; (6) To receive,
take and hold by sale, gift, lease, devise or otherwise, real and personal property of every
description, and to manage the same; (7) To acquire by purchase, gift, or the exercise of
the power of eminent domain, or any other lawful means, and to transfer,...
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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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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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