§ 18-1A-91 — Contents of Answer; Preliminary Objections

Alabama § 18-1A-91

• Jurisdiction: Alabama
• Title 18: Eminent Domain
• Ch. 1A: Eminent Domain Generally
• Art. 5: Defendant’s Response

Text

(a) In addition to other matters required or permitted by law, a defendant may state in an answer:
(1) The nature and extent of the interest claimed by him in the property sought to be taken; and
(2) The nature of and basis for any preliminary objections.
(b) The preliminary objections may include any available ground for objecting to the maintenance of the action, including the grounds that:
(1) The plaintiff is not lawfully entitled to take the defendant’s property for the purpose described in the complaint;
(2) A mandatory condition precedent to the commencement or maintenance of the action has not been satisfied; and
(3) The probate court lacks jurisdiction of the defendant or of the subject matter, or is not the proper venue, or the complaint or any other procedural aspect of the action is defective, insufficient, or improper.

Legislative History

(Acts 1985, No. 85-548, p. 802, §502.)