HB392 Alabama 2016 Session

Under existing law, property may be acquired by the state or another governmental entity through an eminent domain proceeding. However, if an owner of property alleges that the property was taken or injured without initiating an eminent domain proceeding and the property owner discovers the encroachment, the owner may file an inverse condemnation action

Under existing law, there is no specific statute of limitations for the filing of an inverse condemnation action against a state official

This bill would require an inverse condemnation action to be commenced within two years after the property was appropriated for public use

Relating to the statute of limitations for inverse condemnation actions against the state; to amend Section 6-2-38, Code of Alabama 1975, to provide that actions for inverse condemnation must be commenced within two years from the date the property was appropriated for public use.