SB87 Alabama 2018 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Cam Ward
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: SB 87 would require the Alabama Department of Transportation to reimburse a condemnee's reasonable attorney, appraisal, and engineering fees in eminent domain cases when the final award is more than 20% higher than the department's last offer.
What This Bill Does
The bill amends Section 18-1A-293 to create a cost-reimbursement rule in DOT condemnation actions. If the final award (excluding interest) is more than 20% higher than the DOT's last written offer, the department 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 final order, and a court hearing will determine the exact amount. This provides an exception to the general rule that costs are borne by the plaintiff in such cases.

Who It Affects
Condemnees (property owners) in condemnation actions filed by the Department of Transportation, who may receive reimbursement for reasonable attorney, appraisal, and engineering fees if the threshold is met.
Department of Transportation, which would be responsible for paying these reimbursed fees when the threshold is met.

Key Provisions
Amends Section 18-1A-293 to add a cost-reimbursement provision for DOT condemnation actions when the final award exceeds the last written offer by more than 20% (excluding interest).
Requires the condemnee to submit a petition for the fee award within 30 days of the court's final order.
Directs the court to hold a hearing to determine the amount of the fee award.

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