Alabama § 11-47-173 Right of Entry of Municipality Pending Appeal

Alabama Statutes

§ 11-47-173 — Right of Entry of Municipality Pending Appeal

Alabama § 11-47-173

Title 11Counties and Municipal Corporations

Ch. 47Powers, Duties and Liabilities Generally

Art. 7Acquisition of Lands, Easements, Rights-of-Way, Etc

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Bluebook

Ala. Code § 11-47-173 (2026).

Text

When an appeal is taken from any preliminary assessment as provided for in subsection (c) of Section 11-47-172, such appeal shall not deprive the municipal corporation obtaining the judgment of condemnation from a right of entry for any or all of the purposes provided for in Section 11-47-171 or subsection (a) of Section 11-47-172; provided, that the amount of damages assessed shall be paid into court in money and a bond shall be 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.

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When an appeal is taken from any preliminary assessment as provided for in subsection (c) of Section 11-47-172, such appeal shall not deprive the municipal corporation obtaining the judgment of condemnation from a right of entry for any or all of the purposes provided for in Section 11-47-171 or subsection (a) of Section 11-47-172; provided, that the amount of damages assessed shall be paid into court in money and a bond shall be 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.