§ 18-1A-51 — Court Order Permitting Entry

Alabama § 18-1A-51

• Jurisdiction: Alabama
• Title 18: Eminent Domain
• Ch. 1A: Eminent Domain Generally
• Art. 3: Proceedings Before Action

Text

(a) If reasonable efforts to accomplish a lawful entry or to perform authorized activities upon real property under Section 18-1A-50 have been obstructed or denied or would be futile, the condemnor may apply to the circuit court in the county where the property or any part is located for an order permitting entry.
(b) Unless after notice good cause to the contrary is shown, the circuit court shall make its order permitting and describing the purpose of the entry and setting forth the nature and scope of activities the circuit court determines are reasonably necessary and authorized to be made upon the property. In addition to requiring a deposit under Section 18-1A-52, the order may include terms and conditions with respect to the time, place, and manner of entry and authorized activities upon the property which will facilitate the purpose of the entry and minimize damage, hardship, and burden.

Legislative History

(Acts 1985, No. 85-548, p. 802, §302.)