§ 18-1A-92 — Disclaimer

Alabama § 18-1A-92

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

Text

(a) A disclaimer need not be in any particular form, shall be signed by the defendant or his attorney, and shall contain a statement that the defendant claims no interest in the property that is the subject of the action or in the compensation that may be awarded.
(b) A disclaimer may be filed at any time and supersedes any answer previously filed by him.
(c) Subject to subsection (d), a defendant who has filed a disclaimer has no right to notice of, or to participate in, any further proceedings, or to share in any award of compensation or damages, unless an amendment subsequent to the application is filed by the condemnor which involves an interest of the party who has filed the disclaimer, in which event, the party shall have notice of the amendment and the same rights as if no disclaimer had been filed.
(d) The probate court may implement the disclaimer by appropriate orders.

Legislative History

(Acts 1985, No. 85-548, p. 802, §503.)