SB139 Alabama 2019 Session

Updated Feb 24, 2026

Summary

Primary Sponsor: William “Bill” M. BeasleySenator
Democrat
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: SB 139 allows waiver valuations to replace appraisals for determining real-property value in rights-of-way acquisitions by the state or its subdivisions, under specific conditions.
What This Bill Does
The bill amends Sections 18-1A-3 and 18-1A-22 to authorize using waiver valuations in place of appraisals to determine property value for rights-of-way. It creates two qualifying paths for using a waiver valuation: (a) the property owner donates the land and releases the appraisal obligation, or (b) the owner provides written consent and the anticipated value is at or below the applicable federal threshold (per 49 CFR 24.102(c)(2)(ii) or replacement regulation). When a waiver valuation is allowed, the state or political subdivision prepares it using available evidence from the local real estate market. The process still follows condemnation procedures with a basis for just compensation, but allows a waiver instead of an appraisal in those cases.

Who It Affects
Property owners whose land may be acquired for rights-of-way, who may donate the property and release the appraisal requirement or provide written consent allowing a waiver and a lower valuation threshold.
State and local governments or political subdivisions that acquire real property for rights-of-way and may use waiver valuations under the specified conditions.

Key Provisions
Allows waiver valuations, instead of appraisals, to determine value for rights-of-way acquisitions if the owner donates the property and releases the appraisal obligation, or if the owner provides written consent and the anticipated value meets the federal threshold.
Requires the waiver valuation to be prepared by the state or subdivision using available local market data, defines Waiver Valuation, and provides that the act takes effect immediately after the governor's 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