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AL SB157

Bill

Status

Engrossed

5/2/2017

Primary Sponsor

Robert Ward

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Origin

Senate

Regular Session 2017

AI Summary

  • Amends Section 18-1A-293 of the Code of Alabama 1975 to add provisions for cost recovery in Department of Transportation condemnation actions.

  • Requires the Department of Transportation to pay a condemnee's reasonable attorney, appraisal, and engineering fees when the final court-ordered compensation (excluding interest) exceeds the department's last written offer by 20 percent or more.

  • Condemnee must submit a petition for fee award within 30 days of the court's final order, and the court must hold a hearing to determine the appropriate award amount.

  • Existing law provisions remain unchanged requiring the plaintiff to pay all costs of complaint and proceedings through final judgment, including commissioners' compensation.

  • Takes effect immediately upon passage and gubernatorial approval.

Legislative Description

Eminent domain proceedings, costs, condemnation proceedings filed by Dept. of Transportation, the department pays condemnee's reasonable attorney fees, appraisal and engineering costs if final award is 20 percent or higher than department's offer, Sec. 18-1A-293 am'd.

Eminent Domain

Last Action

Pending third reading on day 30 Favorable from Judiciary with 1 amendment

5/2/2017

Committee Referrals

Judiciary5/2/2017
Judiciary2/9/2017

Full Bill Text

No bill text available