HB392 Alabama 2016 Session

Summary

Primary Sponsor

Matt Fridy

Republican

Session

Regular Session 2016

Title

Condemnation actions, statute of limitations, Sec. 6-2-38 am'd.

Summary

HB392 would require inverse condemnation claims against the state to be filed within two years after the property is appropriated for public use.

What This Bill Does

It amends Section 6-2-38 to establish a two-year deadline for inverse condemnation actions against the state. This creates a specific time limit where none previously existed for such actions against state officials. The two-year period starts when the property is appropriated for public use. It also sets when the law takes effect and specifies that it does not apply to actions started before the effective date.

Who It Affects

• Property owners who claim their property was taken or damaged without an eminent domain action, who would file inverse condemnation claims (limited to a two-year filing window).
• State of Alabama and its officials who could be sued in inverse condemnation, whose potential liability would now be subject to the new two-year deadline.
• Attorneys and legal representatives handling inverse condemnation cases, who must ensure filings occur within the new two-year window.

Key Provisions

• Inverse condemnation actions must be commenced within two years from the date the property was appropriated for public use.
• The act does not apply to civil actions commenced prior to the act's effective date.
• The act becomes effective on the first day of the third month following its passage and approval by the Governor.

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

Subjects

Civil Procedure