HB98 Alabama 2019 Session

Summary

Primary Sponsor

Corley EllisRepresentative

Republican

Session

Regular Session 2019

Title

Eminent domain, condemnation actions, land acquisitions of rights-of-way, waiver valuations authorized under certain conditions, Secs. 18-1A-3, 18-1A-22 am'd.

Summary

HB 98 allows the use of waiver valuations instead of full appraisals to determine real property values for right-of-way acquisitions in eminent domain, under specific conditions.

What This Bill Does

The bill adds Waiver Valuation as an option for determining just compensation when acquiring property for rights-of-way. It allows waiver valuations if the property owner donates the property and releases the appraisal requirement, or if the owner consents and the government determines an appraisal is unnecessary with an anticipated value meeting a federal threshold. When a waiver valuation is used, the government prepares the valuation based on available local market data. The act also requires a written justification and summary of the basis for the compensation and preserves certain rules about compensation not being reduced by incidental benefits and possible setoffs in specific contexts.

Who It Affects

• Property owners or entities whose land is subject to condemnation or right-of-way acquisitions (including donors who release appraisal obligations).
• The state or local governments and political subdivisions that condemn and acquire real property for projects such as highways, water, or sewer lines, who may use waiver valuations and must prepare and provide the accompanying documentation.

Key Provisions

• Defines Waiver Valuation and related terms (e.g., Appraisal, Valuation Date) for use in condemnation actions.
• Allows waiver valuations to be used in lieu of appraisals under two conditions: (a) the owner donates the property and releases the appraisal obligation, or (b) the owner consents and the governing entity determines that an appraisal is unnecessary and the anticipated value is at or below the federal threshold specified.
• When a waiver valuation is used, the state or subdivision prepares the waiver valuation based on available local real estate market data.
• The condemnor must provide the owner with a written statement and summary showing the basis for the amount of just compensation, and may separately show compensation for the property and damages as applicable.
• Retains existing rules about compensation not being reduced by incidental benefits or certain setoffs in specific contexts (e.g., improvements, enhancements to remaining lands, or public utility projects).
• Effective date: immediately upon passage and 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

Eminent Domain