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HB71 Alabama 2011 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Mike Ball
Mike Ball
Republican
Co-Sponsor
Howard Sanderford
Session
Regular Session 2011
Title
Municipal public housing authorities, exercise of power of eminent domain with approval of municipal council, Sec. 24-1-28 am'd. (2011-20195)
Summary

HB71 would authorize a municipal public housing authority to exercise eminent domain only with approval from the municipal council, and under specific limits on what can be taken.

What This Bill Does

It requires council approval for the authority to use eminent domain and requires a council-approved resolution declaring the property acquisition is in the public interest and for public use. It allows the authority to exercise eminent domain under Title 18. It also imposes restrictions: property already devoted to public use can be acquired; but property belonging to cities within the authority’s boundaries or to any government cannot be taken without consent, and property belonging to a public utility requires approval from the Public Service Commission or other regulator.

Who It Affects
  • Municipal public housing authorities, who gain the power to use eminent domain but only with municipal council approval and within stated limits.
  • Property owners within the authority's area—particularly cities and governments, and public utility companies—who are protected from being targeted without consent or regulator approval.
Key Provisions
  • The authority may acquire by eminent domain any property necessary to carry out its purposes, with approval from the municipal council and after a resolution declaring public interest and public use.
  • The eminent domain power is exercised under the procedures of Title 18.
  • Property already devoted to public use may be acquired.
  • No property belonging to a city within the authority's boundaries or to any government may be acquired without its consent; no property belonging to a public utility may be acquired without approval of the Public Service Commission or equivalent regulator.
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

Bill Actions

Pending third reading on day 22 Favorable from Governmental Affairs

Read for the second time and placed on the calendar

Read for the first time and referred to the Senate committee on Governmental Affairs

Engrossed

Motion to Read a Third Time and Pass adopted Roll Call 354

Motion to Adopt lost Roll Call 353

Ball motion to Table lost Roll Call 352

Tuggle Amendment Offered

Motion to Adopt adopted Roll Call 351

County and Municipal Government first Substitute Offered

Third Reading Passed

Read for the second time and placed on the calendar with 1 substitute and

Read for the first time and referred to the House of Representatives committee on County and Municipal Government

Bill Text

Votes

Motion to Adopt

April 19, 2011 House Passed
Yes 70
No 21
Abstained 1
Absent 12

Motion to Read a Third Time and Pass

April 19, 2011 House Passed
Yes 63
No 26
Abstained 5
Absent 10

Motion to Adopt Tuggle

April 19, 2011 House Failed
Yes 38
No 43
Absent 23

Documents

Source: Alabama Legislature