HB280 Alabama 2018 Session

Summary

Primary Sponsor

Matt Fridy

Republican

Session

Regular Session 2018

Title

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

Summary

HB 280 tightens the time limit for inverse condemnation cases to two years from when the property was taken or appropriated for public use, with a limited discovery extension.

What This Bill Does

The bill amends Section 6-2-38 to require inverse condemnation actions to be started within two years of the property being appropriated for public use. If the cause of action is not discovered within that period, the claimant may begin the action within six months after discovery, or within four years from the date of taking or appropriation, whichever comes first. It becomes law on the first day of the third month after the Governor approves it, and does not apply to cases started before that date.

Who It Affects

• Property owners who believe their property was taken or damaged by a government action; they must file inverse condemnation claims within two years (with a possible six-month extension after discovery, under the discovery rule).
• State or other governmental entities and officials who defend against inverse condemnation actions, as the time limits dictate when such actions may be filed.

Key Provisions

• Inverse condemnation actions must be commenced within two years from the date the property was appropriated for public use.
• If not discovered within the two-year period, the action may be commenced within six months after discovery (or discovery of facts leading to discovery), but no later than four years from the date of taking or appropriation.
• The act does not apply to actions commenced before the effective date and becomes effective on the first day of the third month after its passage and 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

Civil Procedure