SB40 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2018

Title

Eminent domain proceedings, costs, condemnation proceedings filed by Dept. of Transportation to reimburse condemnee's under certain conditions, Sec. 18-1A-293 am'd.

Summary

SB 40 would require the Alabama Department of Transportation to reimburse a condemnee's reasonable attorney, appraisal, and engineering fees in eminent domain cases if the final court award exceeds the last written offer by at least five percent.

What This Bill Does

In DOT condemnation actions, if the final award (excluding interest) is more than 5% higher than the last written offer, the DOT must pay the condemnee's reasonable attorney, appraisal, and engineering fees. The condemnee must file a petition for the fee award within 30 days of the court's final order, and the court will hold a hearing to determine the award. This changes who pays certain costs in these cases; normally costs are borne by the plaintiff and its surety, but this act creates an exception for DOT actions when the threshold is met. The calculation of the threshold excludes interest.

Who It Affects

• Condemnees (property owners): may receive reimbursement of their reasonable attorney, appraisal, and engineering fees if the final award meets the 5% threshold.
• Alabama Department of Transportation: would be responsible for paying the condemned party's eligible fees when the threshold is met.

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 five percent or more (excluding interest).
• Condemnee must petition for fee reimbursement within 30 days of the court's final order; the court will hold a hearing to determine the award.
• Costs in eminent domain actions are normally borne by the plaintiff and its surety, but this act creates an exception for DOT condemnation actions meeting the threshold.
• The threshold is based on the final award excluding interest, and the offer comparison uses the last written offer by the DOT.
• Effective immediately upon the governor's approval (or otherwise becoming law).

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