SB295 Alabama 2016 Session

Updated Feb 24, 2026

Summary

Primary Sponsor: Cam Ward
Republican
Session: Regular Session 2016
Title: Eminent domain proceedings, costs, condemnation proceedings filed by Dept. of Transportation, the department pays condemnee's reasonable attorney fees, appraisal and engineering costs if final award is 20 percent or higher than department's offer, Sec. 18-1A-293 am'd.
Summary: This bill would require the Department of Transportation to pay a condemnee's reasonable attorney, appraisal, and engineering fees if the final condemnation award exceeds the department's last written offer by more than 20%.
What This Bill Does
The bill amends Section 18-1A-293 so that in DOT condemnation actions, if the final compensation awarded (excluding interest) to the condemnee is more than 20% higher than the department's last written offer, the DOT must reimburse the condemnee's reasonable attorney, appraisal, and engineering fees. The condemnee must file a petition for these fees within 30 days of the final order, and the court will hold a hearing to determine the award. This change shifts some cost responsibility to DOT in cases where the final award significantly exceeds the last offer, and the act becomes effective immediately after the governor signs it.

Who It Affects
Condemnees (property owners) in Department of Transportation condemnation actions: eligible to have their reasonable attorney, appraisal, and engineering fees reimbursed if the final award exceeds the last offer by more than 20%.
Department of Transportation: would be financially responsible for paying the condemnee's specified fees when the threshold is met.

Key Provisions
In condemnation actions filed by the Department of Transportation, if the final compensation awarded (excluding interest) exceeds the department's last written offer by more than 20 percent, the department shall pay the condemnee's reasonable attorney, appraisal, and engineering fees.
The condemnee must submit a petition for an award of fees within 30 days of the final order, and the court shall hold a hearing to determine the award.
The act amends Section 18-1A-293 of the Code of Alabama 1975 to implement these fee reimbursement provisions in DOT condemnation proceedings.
The act becomes effective immediately after 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: Eminent Domain