Alabama § 18-1A-295 Use of Condemnation Proceedings by Institutions of Higher Learning

Alabama Statutes

§ 18-1A-295 — Use of Condemnation Proceedings by Institutions of Higher Learning

Alabama § 18-1A-295

Title 18Eminent Domain

Ch. 1AEminent Domain Generally

Art. 16Miscellaneous

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Bluebook

Ala. Code § 18-1A-295 (2026).

Text

(a)Whenever any institution of higher learning created by legislative act or by the state constitution and whose governing boards’ powers are derived by state statute or from the constitution needs any land or interest therein near the campus of the institution for its educational purposes and the owner thereof is a minor or an insane person, or refuses to sell the land to the state for use of the institution, or will not agree with the board of trustees or the president on a price therefor, the trustees are hereby authorized to institute in the probate court of the county in which the land is located proceedings in the name of the state, to condemn such land, which proceedings shall be conducted as nearly as possible in accordance with the provisions of Chapters 1 and 1A of Title 18. It

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(a) Whenever any institution of higher learning created by legislative act or by the state constitution and whose governing boards’ powers are derived by state statute or from the constitution needs any land or interest therein near the campus of the institution for its educational purposes and the owner thereof is a minor or an insane person, or refuses to sell the land to the state for use of the institution, or will not agree with the board of trustees or the president on a price therefor, the trustees are hereby authorized to institute in the probate court of the county in which the land is located proceedings in the name of the state, to condemn such land, which proceedings shall be conducted as nearly as possible in accordance with the provisions of Chapters 1 and 1A of Title 18. It shall be the duty of the trustees to pay out of the funds of the institution all costs of every condemnation proceeding instituted by them under the power hereby conferred.
(b) This section shall be supplemental to all other laws of this state relating to the acquisition of property and to the exercise of the power of eminent domain. In the event of conflict between this section and any other law relating to acquisition of property and the power of eminent domain, the provisions of this section shall prevail.