SB123 Alabama 2010 Session

Summary

Primary Sponsor

Paul Sanford

Republican

Co-Sponsors

Hinton MitchemArthur OrrTom Butler

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

SB123 would end the use of eminent domain by municipal public housing authorities and require city (and where applicable, county) approvals, public hearings, and detailed planning for property purchases.

What This Bill Does

It removes the authority's power to exercise eminent domain and restricts property purchases to public housing purposes, with prior notice to nearby property owners and approval by the city council. It requires the authority to file an annual report plus a copy of its five-year plan, and the city council must hold a public hearing on these items. If the authority serves areas outside the city, it must involve the county commission and cannot implement plans or recommendations without approval from both the city and county authorities. Additional notice and regulatory safeguards apply to proposed purchases, including limits on acquiring certain properties and conditions for consent and regulator approval.

Who It Affects

• Municipal public housing authorities – lose eminent domain power, must obtain city council (and possibly county) approval for property purchases, and must follow new planning, reporting, and public-notice requirements.
• Nearby property owners and local governments (city and county) – must receive notice about proposed purchases, participate in public hearings, and provide approvals before purchases or plan implementations proceed.

Key Provisions

• Eliminates the authority's power to exercise eminent domain.
• Allows property purchases only for public housing purposes and after approval by the city council, with notice to surrounding property owners.
• Requires annual filing of a copy of the five-year plan in addition to the annual activity report.
• Requires the five-year plan to include proposed property purchases when possible.
• Mandates a public hearing by the city council on the annual recommendations and the five-year plan.
• If the authority serves outside the municipality, requires submission of recommendations and applicable plan parts to the county commission.
• Requires approvals by the city council and, if applicable, the county commission before implementing any recommendations or plan.
• Imposes notice requirements: owners within 500 yards must be notified at least 30 days before the council meeting where the plan is considered.
• Restricts acquisitions: property already devoted to public use may be acquired; city or government-owned property within the authority's area requires consent; public utility property requires approval of the Public Service Commission or equivalent regulator.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Housing Authorities