HB371 Alabama 2014 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2014

Title

County roads, vacation of co. dirt road, appeals, finding of fact required, Secs. 23-4-5, 23-4-20 am'd.

Summary

HB371 would give a reciprocal right to appeal a road vacation decision to circuit court and require findings of fact when denying vacations of an unpaved county road.

What This Bill Does

Adds a right for any party aggrieved by a governing body's decision to vacate or not vacate a road or street to appeal to the circuit court, with a de novo trial and further appeals to higher courts within set deadlines. Establishes process and timelines for petitions to vacate streets and alleys, including a public hearing within 90 days and notice to abutting property owners and utilities. Requires specific written findings of fact to support denial when all abutting landowners petition to vacate an unpaved county road, and creates a deemed-approval rule after 150 days if the governing body does not deny with findings. If vacation is approved, it takes effect under current law and must preserve ingress/egress rights; if needed, another street may be dedicated; the act becomes effective immediately upon governor approval.

Who It Affects

• Any party affected by a governing body's decision to vacate or not vacate a road or street, who gains a right to circuit court review and potential de novo trial.
• Abutting landowners who petition to vacate a street or alley, and all sides of an unpaved county road, who are involved in the petition process and may face a deemed-approval timeline or must have findings of fact for denial.
• County and city governing bodies (county commissions and city councils) that administer vacation petitions and must hold hearings, issue notices, and provide written findings of fact when denying certain vacate requests.

Key Provisions

• Reciprocal right of appeal to the circuit court for decisions to vacate or not vacate a road or street, with de novo trial and rights to jury trials where authorized.
• Petition procedures to vacate: hearings set within 90 days, notices to abutting property owners and utilities, and appeal procedures mirroring existing processes; decisions may be appealed with similar notice, hearing, and voting requirements.
• If all abutting landowners petition to vacate an unpaved county road, the governing body may deny only if it makes specific findings of fact supporting the denial (including effects on ingress/egress, public health/safety, and whether use of the road is more than minimal).
• Deemed approval for unpaved county road petitions after 150 days unless the county denies the petition with findings; erosion of rights preserved, with possible dedication of another street if ingress/egress would be affected.

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

Subjects

County Commissions