§ 9-9-30 — Appeal from Confirmation of Board of Viewers’ Report

Alabama § 9-9-30

• Jurisdiction: Alabama
• Title 9: Conservation and Natural Resources
• Ch. 9: Water Management and Drainage
• Art. 1: Water Management Districts

Text

Any person aggrieved may within 10 days after the confirmation of the board of viewers’ report appeal from the judgment of the court of probate to the circuit court, and upon such an appeal there may be determined either or both of the following: first, whether just compensation has been allowed for property appropriated and second, whether proper damages have been allowed for property prejudicially affected by the improvements. Such appeal shall be taken and prosecuted as now provided by law, which appeal shall be based and heard only upon the exceptions heretofore filed by the complaining party, either as to issue of law or fact, and no additional exceptions shall be considered by the court upon the hearing of the appeal; provided, that nothing in this section shall be construed to authorize any appellant to stay the proceedings of the district or to prevent progress in the work of construction of any work or improvement; but said district may proceed with said work, and any subsequent proceedings in the circuit court shall affect only the rights and interests of the appellant in property located in such district.

Legislative History

(Acts 1965, No. 685, p. 1246, §23.)