HB459 Alabama 2017 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2017

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 (excluding interest) is more than 20% higher than the department's last written offer.

What This Bill Does

In condemnation cases filed by the Department of Transportation, if the final award (excluding interest) exceeds the last written offer by 20% or more, the department must reimburse the condemnee's reasonable attorney, appraisal, and engineering fees. The condemnee must file a petition for the fee award within 30 days of the final order, and the court will hold a hearing to determine the amount. This changes how certain costs are handled in eminent domain cases and updates the applicable statute (18-1A-293).

Who It Affects

• Condemnees (property owners or others whose property is being condemned) who may receive reimbursement for reasonable attorney, appraisal, and engineering fees if the final award is at least 20% higher than the department's last offer.
• The Department of Transportation, which would be responsible for paying these reimbursed fees when the 20% threshold is met.

Key Provisions

• Amends Section 18-1A-293 to require the Department of Transportation to reimburse the condemnee's reasonable attorney, appraisal, and engineering fees in condemnation actions when the final award (excluding interest) exceeds the department's last written offer by 20%.
• The condemnee must file a petition for the fee award within 30 days of the court's final order, and the court must hold a hearing to determine the award.
• The 20% threshold is calculated excluding interest.
• Effective immediately upon passage and gubernatorial approval.

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