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AL SB105
Bill
Status
2/2/2021
Primary Sponsor
Thomas Whatley
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AI Summary
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Amends Section 18-1B-2 of the Code of Alabama 1975 to clarify that recreational trails for biking or hiking are not considered park and recreation facilities for purposes of eminent domain.
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Prohibits the state and municipal or county governing bodies from using eminent domain to condemn property for biking or hiking trails, though they may still exercise eminent domain for streets, roadways, government buildings, and other park and recreation facilities.
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Preserves existing exceptions allowing eminent domain for redevelopment plans, urban renewal plans, and public utilities providing telephone, gas, electricity, water, sewer, and other utility services.
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Requires that condemned property not used for its original purpose be first offered for sale to the original owner or their heirs at the original purchase price minus documented income and transaction taxes, with a 90-day acceptance window before public sale is permitted.
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Becomes effective on the first day of the third month following passage and gubernatorial approval.
Legislative Description
Eminent domain, further provided to not include trails for biking or hiking, Sec. 18-1B-2 am'd.
Eminent Domain
Last Action
Indefinitely Postponed
5/4/2021