SB343 Alabama 2015 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2015

Title

Eminent Domain, restricting the taking of property by eminent domain, Sec. 18-1B-2 am'd.

Summary

SB343 tightens Alabama's eminent domain rules by limiting land takings for private gain and economic development, and requiring clear compensation terms and minimal land taking.

What This Bill Does

It further limits condemnation of property when the main use is private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development. Before starting condemnation, any entity must define what counts as just compensation for taking or damaging property. It requires taking only the portion of private property that is necessary for public use. If condemned land is not used for its public purpose, it must be offered back to the original owner or their heirs at the price paid (minus certain taxes); if not accepted within 90 days, it can be sold to others at a public sale. The bill preserves some exemptions, such as condemnation for streets, government buildings, parks, and for public utilities.

Who It Affects

• State and local government entities (state departments, counties, municipalities, housing authorities, and other public bodies) would face tighter limits on condemning land for private development and must clearly define 'just compensation'.
• Property owners and their heirs or assigns whose land might be condemned would be affected by the requirement to limit takings to public use and the potential right to have the purchase price offered back if the land is not used, with a 90-day decision window.
• Public utilities and other entities providing essential services would continue to have the ability to condemn land for utility-related purposes under the bill's specified exceptions.

Key Provisions

• Prohibits condemnation by state and local entities for nongovernmental private development or use, with exceptions for blight redevelopment plans and for public utilities; streets, government buildings, and park facilities remain allowable uses.
• Requires any condemning entity to define what is included in just compensation before initiating condemnation and to take only the portion of private property necessary for public use.
• If condemned property is not used for its public purpose, it must be offered back to the original owner or heirs at the price paid, minus documented taxes; if not accepted within 90 days, the property may be sold to others at public sale.

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

Subjects

Eminent Domain