§ 23-1-45 — Acquisition of Rights-of-Way; Petition to Deed Property Back to Land Owner

Alabama § 23-1-45

• Jurisdiction: Alabama
• Title 23: Highways, Roads, Bridges and Ferries
• Ch. 1: Alabama Highways
• Art. 2: Department of Transportation

Text

(a)(1) Any other provision of law to the contrary notwithstanding, the Director of Transportation shall have authority to acquire the rights-of-way deemed necessary by the State Department of Transportation for the construction of a state road, either by purchase or by the exercise of the right of eminent domain in condemnation proceedings as provided under the laws of this state, or the county or municipality in which such road is located shall acquire such rights-of-way deemed necessary by the Director of Transportation, when requested to do so by the Director of Transportation.
(2) If the county or municipality fails or refuses to acquire the rights-of-way, the Director of Transportation may acquire such rights-of-way as authorized in subdivision (1). Rights-of-way acquired pursuant to this section shall be paid for in the manner prescribed by law.
(b)(1) If at any point a public road is abandoned, the property owner of the adjacent property that has the abandoned road running through his or her parcel may petition the governing county or municipal body that owns the road to deed the property on which the road is situated back to the owner if: (i) the governing body had acquired the right-of-way from the private owner of the adjacent property on both sides of the road in order to construct a road; (ii) the original owner or current owner owns both sides of the road; (iii) the constructed road has been abandoned and no longer serves the original purpose for which it was purchased due to certain unforeseeable conditions rendering the road unusable; and (iv) the property owner can close to the midline of the right-of-way.
(2) The petition shall be granted unless: (i) a property owner of the adjacent property to the road would no longer have road access to his or her property if ownership reverts back to the petitioning owner; (ii) the road provides access to, reasonably may be developed to grant access to, or is otherwise any existing or planned greenway trail as defined in Section 41-10-860, and outlined in its master plan, which is recognized by the state, county, or municipality, pursuant to the Alabama Sweet Water Trails Project, Article 23 of Chapter 10 of Title 41; or (iii) the governing county or municipal body can articulate a future use of the property consistent with the use articulated at the time the property was purchased.
(3) This subsection does not apply to the State of Alabama or the State Department of Transportation.

Legislative History

(Acts 1955, No. 566, p. 1230; Act 2025-426, §1.)