Alabama Statutes
§ 18-1A-32 — Condemnation Action Required; Inverse Condemnation
Alabama·Title 18 Eminent Domain·Ch. 1A Eminent Domain Generally·Art. 2 Policies Governing Land Acquisition
(a)If property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condemnor shall commence a condemnation action for that purpose. A condemnor shall not intentionally make it necessary for an owner of property to commence an action, including an action in inverse condemnation, to prove the fact of the taking of his property.
(b)The judgment and any settlement in an inverse condemnation action awarding or allowing compensation to the plaintiff for the taking or damaging of property by a condemnor shall include the plaintiff’s litigation expenses.
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Related
Alabama Dept. of Transp. v. Harbert Intern., Inc.
990 So. 2d 831 (Supreme Court of Alabama, 2008)
Alabama Dept. of Transp. v. LAND ENERGY
886 So. 2d 787 (Supreme Court of Alabama, 2004)
Johnson v. City of Prichard
771 F. Supp. 2d 1310 (S.D. Alabama, 2011)
Legislative History
(Acts 1985, No. 85-548, p. 802, §213.)
Nearby Sections
15
§ 18-1A-1
Short Title§ 18-1A-130
Discovery and Pretrial Conferences§ 18-1A-153
Burden of Proof§ 18-1A-172
Fair Market Value Defined§ 18-1A-174
Highest and Best Use, a Jury Issue