§ 18-1A-75 — Recording Notice of Pending Action; Amendment of Complaint After Notice Filed; Notice of Dismissal

Alabama § 18-1A-75

• Jurisdiction: Alabama
• Title 18: Eminent Domain
• Ch. 1A: Eminent Domain Generally
• Art. 4: Commencement of Action by Condemnor

Text

(a) After commencement of a condemnation action, the plaintiff shall cause a notice of the pendency of the proceedings to be recorded in the office of the probate court in each county in which any real property described in the complaint is located.
(b) The notice shall contain:
(1) The title of the action and the probate court, docket number if available, and date of filing of the complaint;
(2) A legal description of the real property sought to be taken as described in the complaint; and
(3) The name of each plaintiff and each defendant designated in the complaint.
(c) The notice shall be filed for record and indexed in the same manner as a notice of lis pendens in other cases.
(d) If after the filing of a notice the complaint in the action is amended to enlarge the quantity of, or nature of the interest in, the real property to be taken, or to add or substitute parties, the plaintiff shall cause a supplemental notice to be recorded in conformity with this section.
(e) Upon entry of a judgment of dismissal, any party may cause a notice of the dismissal to be recorded in the same office.
(f) A recorded notice of the pendency of a condemnation action under this section constitutes notice to purchasers and encumbrancers of the described property to the same extent as like notices of pending litigation in other cases relating to real property.

Legislative History

(Acts 1985, No. 85-548, p. 802, §406.)