HB142 Alabama 2018 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2018

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

HB 142 would require the Alabama Department of Transportation to reimburse a condemnee's reasonable attorney, appraisal, and engineering fees when the final condemnation award is more than 20% higher than the DOT's last written offer.

What This Bill Does

If the DOT files a condemnation and the final award (excluding interest) exceeds the last written offer by more than 20%, the department must pay the condemnee's reasonable attorney, appraisal, and engineering fees. The condemnee must file a petition for these fees within 30 days of the court's final order, and the court will hold a hearing to decide the amount to be paid.

Who It Affects

• Condemned property owners (condemnees): may have their reasonable attorney, appraisal, and engineering fees paid by the DOT if the final award is more than 20% above the last offer.
• Department of Transportation: becomes responsible for paying the condemnee's eligible fees when the 20% threshold is met and must handle the fee petition and court hearing process.

Key Provisions

• Amends Section 18-1A-293 to require the DOT to reimburse the condemnee's reasonable attorney, appraisal, and engineering fees if the final award exceeds the last written offer by 20% (excluding interest).
• Condemnee must submit a petition for fee awards within 30 days of the court's final order; the court must hold a hearing to determine the award.
• Clarifies cost rules in eminent domain proceedings and specifies that the 20% threshold is calculated excluding interest.
• Effective date: becomes law immediately after governor's 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