SB 87

Sponsor
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.
Description

This bill would provide that where the Department of Transportation files a condemnation action to condemn property pursuant to eminent domain and the final condemnation award, excluding interest, exceeds the department's last written offer to the condemnee by more than 20 percent, the department must pay the condemnee's reasonable attorney, appraisal, and engineering fees

To amend Section 18-1A-293 of the Code of Alabama 1975, relating to certain costs in eminent domain condemnation proceedings; to provide that in a condemnation action filed by the Department of Transportation, the department shall reimburse the reasonable attorney, appraisal, and engineering fees of a condemnee whose final probate or circuit court-ordered compensation, excluding interest, exceeds the department's last written offer to the condemnee by 20 percent.

Subjects
Eminent Domain
View Original PDF: SB 87 - Introduced - PDF

This bill would provide that where the Department of Transportation files a condemnation action to condemn property pursuant to eminent domain and the final condemnation award, excluding interest, exceeds the department's last written offer to the condemnee by more than 20 percent, the department must pay the condemnee's reasonable attorney, appraisal, and engineering fees

To amend Section 18-1A-293 of the Code of Alabama 1975, relating to certain costs in eminent domain condemnation proceedings; to provide that in a condemnation action filed by the Department of Transportation, the department shall reimburse the reasonable attorney, appraisal, and engineering fees of a condemnee whose final probate or circuit court-ordered compensation, excluding interest, exceeds the department's last written offer to the condemnee by 20 percent.

Section 1

Section 18-1A-293 of the Code of Alabama 1975, is amended to read as follows:

§18-1A-293.

(a) The costs of the complaint and proceedings thereunder up to and through the entry of final judgment, including the compensation of commissioners, must be adjudged and assessed against the plaintiff and its surety for costs for which execution may issue. The commissioner's fees in every case shall be set and determined by the probate judge and entered by separate order by the probate judge.

(b) Any other provision of law to the contrary notwithstanding, in a condemnation action by the Department of Transportation, if the probate or circuit court's award exceeds the department's last written offer by 20 percent, excluding interest, the department shall pay the condemnee's reasonable attorney, appraisal, and engineering fees. The condemnee shall submit a petition for an award of fees within ays of the court's final order. The court shall hold a hearing to determine the award."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 8, 2018HPending third reading on day 19 Favorable from Transportation, Utilities and Infrastructure
March 8, 2018HRead for the second time and placed on the calendar
March 1, 2018HRead for the first time and referred to the House of Representatives committee on Transportation, Utilities and Infrastructure
March 1, 2018SMotion to Read a Third Time and Pass adopted Roll Call 583
March 1, 2018SThird Reading Passed
February 22, 2018SRead for the second time and placed on the calendar
January 9, 2018SRead for the first time and referred to the Senate committee on Judiciary
2018-01-25
Chamber: House
Result: Failed
2018-01-25
Chamber: House
Result: Passed
2018-03-01
Chamber: Senate
Result: Passed