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.

Description

Under existing law, property may be acquired by the state or another governmental entity through an eminent domain proceeding. However, if an owner of property alleges that the property was taken or injured without initiating an eminent domain proceeding and the property owner discovers the encroachment, the owner may file an inverse condemnation action.

Under existing law, there is no specific statute of limitations for the filing of an inverse condemnation action against a state official or a governmental official of another governmental entity.

This bill would require an inverse condemnation action to be commenced within two years after the property was appropriated for public use.

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Subjects

Civil Procedure