SB134 Alabama 2011 Session

Summary

Primary Sponsor

Paul Sanford

Republican

Co-Sponsors

Arthur OrrShadrack McGillBill HoltzclawClay Scofield

Session

Regular Session 2011

Title

Municipal public housing authorities, eminent domain power deleted, Sec. 24-1-28 am'd.

Summary

The bill would remove municipal public housing authorities' power to take private property for public use through eminent domain.

What This Bill Does

It eliminates the authority’s ability to exercise eminent domain. The authority could still acquire property by purchase if that option remains under the amended law. Acquisitions involving property owned by cities within the authority’s boundaries would require the city’s consent, and acquisitions of property owned by public utilities would require approval by the Public Service Commission or other regulatory bodies. The changes apply to Section 24-1-28 and take effect on the first day of the third month after the governor signs the bill.

Who It Affects

• Municipal public housing authorities: lose the power to take property through eminent domain; must use voluntary purchases or other non-eminent-domain methods.
• Property owners in cities within the authority boundaries: gain protection from compulsory seizure by the authority; any sale would likely need voluntary agreement.
• Cities within authority boundaries and public utility interests: retain certain constraints (consent for city property; regulatory approval for utility property) when acquisitions occur, as applicable.

Key Provisions

• Amends Section 24-1-28 to remove the authority's power to exercise eminent domain.
• Retains (or clarifies) that property acquisitions may occur by purchase, subject to existing conditions, rather than by eminent domain.
• Specifies that city-owned property within the authority’s boundaries cannot be acquired without the city's consent, and that public utility property requires approval from the Public Service Commission or other regulatory bodies.
• Sets the effective date as the first day of the third month following governor’s 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