§ 37-4-63 — Forced Sales - Appeals to Circuit Court

Alabama § 37-4-63

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 4: Public Utilities Other Than Transportation Companies or Motor Vehicle Carriers
• Art. 2: Property and Franchises
• Div. 2: Purchase by Municipality or Governmental Agency

Text

Any party shall have the right to appeal from the order of the commission, such appeal to be governed by existing provisions of law relating to appeals from final orders of the commission; except, that such appeal shall be taken to the circuit court of the judicial circuit containing the greater portion, by value, of the property to be acquired, and such appeal shall be taken within 10 days from the filing of the order of the commission. The order of the commission shall specify the judicial circuit in which the greater portion of the property, by value, is located, and such specification shall be conclusive for fixing the venue of an appeal. On any such appeal, if the court shall determine that any condition imposed by the order of the commission is unreasonable or that the commission has erred in determining the just compensation to be paid, the court shall proceed to enter the judgment the commission should have entered. Any action brought under the provisions of this division shall have a preferred status before the commission and in the courts as to trial and disposition thereof.

Legislative History

(Acts 1939, No. 244, p. 405; Code 1940, T. 48, §345.)