HB202 Alabama 2010 Session

Summary

Primary Sponsor

Mike Hill

Republican

Co-Sponsors

Mac McCutcheonGregory CanfieldMike BallRandy Wood

Session

Regular Session 2010

Title

Municipal public housing authorities, eminent domain power deleted, purchase of property authorized only for public housing purposes, five-year plan and annual recommendations, submission to city council and county commission if authority serves part of county, public hearing and approval, Secs. 24-1-28, 24-1-43 am'd.

Summary

This bill would remove the power of eminent domain from municipal public housing authorities and require property purchases to support public housing purposes only, with notice, public hearings, and multi-level approval.

What This Bill Does

It eliminates the use of eminent domain by municipal public housing authorities and restricts property purchases to public housing purposes, requiring notice to nearby property owners and approval by the city council. It requires the authority to annually file a copy of a five-year plan (and include proposed purchases when possible) and for the city council to hold a public hearing on the plan and on annual recommendations. If the authority serves areas outside its city limits, it must share relevant plan parts and recommendations with the county commission and cannot implement them until both the city council and the county commission approve; the act becomes effective after passage and Governor approval.

Who It Affects

• Municipal public housing authorities – lose eminent domain power and must follow new oversight, planning, and purchasing procedures.
• Residents and property owners near proposed purchases, and local governments (city council and county commission) – gain notice, public hearings, and joint approvals before purchases or plan implementations.

Key Provisions

• Deletes the eminent domain power for municipal public housing authorities and requires property purchases only for public housing purposes, after notice to surrounding property owners (within 500 yards) and city council approval (notice given at least 30 days before the council meeting).
• Requires the authority to include proposed purchases in its five-year plan when possible and to file a copy of the five-year plan annually with the city council; the plan should be considered along with annual recommendations in a public hearing.
• If the authority serves areas outside the municipality, it must submit any recommendations and the parts of the five-year plan that pertain to the outside area to the county commission, and no implementation may occur without approval from both the city council and the county commission, as applicable.
• Amends Sections 24-1-28 and 24-1-43 to formalize the new duties, reporting, and planning requirements, including public hearings and cross-jurisdictional approvals.
• Includes property-use restrictions such as requiring consent for acquiring property already devoted to public use, limiting acquisitions of property belonging to cities within the authority’s boundaries or governments, and requiring approval for acquiring property belonging to a public utility corporation from the appropriate regulator.
• Effective date: the act becomes effective on the first day of the third month following its passage and Governor’s approval (or otherwise becoming law).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Housing Authorities