HB194 Alabama 2017 Session

Summary

Primary Sponsor

Matt Fridy

Republican

Session

Regular Session 2017

Title

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

Summary

HB194 would require inverse condemnation lawsuits against the state to be filed within two years of when the property was taken for public use.

What This Bill Does

Requires inverse condemnation actions to be filed within two years after the property is appropriated for public use, providing a specific time limit where none existed before. Applies specifically to actions against the state; it does not apply to actions filed before the act's effective date. Amends Section 6-2-38 to establish this two-year limit and clarifies how the clock starts. Preserves existing time limits for other types of lawsuits listed in the same section.

Who It Affects

• Property owners who believe their land was taken or damaged without formal eminent domain proceedings, who would have a two-year window to file an inverse condemnation claim.
• State and other governmental entities/officials who may be defendants in inverse condemnation cases and must respond within the new two-year timeframe.

Key Provisions

• Adds a two-year statute of limitations for inverse condemnation actions against the state, beginning from the date the property was appropriated for public use.
• Amends Section 6-2-38 to include subsection (p) implementing the inverse condemnation deadline.
• The act becomes effective on the first day of the third month after it passes and is approved, and does not apply to actions commenced before that date.

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