HB378 Alabama 2020 Session

Summary

Primary Sponsor

Reed IngramRepresentative

Republican

Session

Regular Session 2020

Title

Eminent domain, further provided to not include trails for biking or hiking, Sec. 18-1B-2 am'd.

Summary

HB378 narrows eminent domain by excluding biking/hiking trails from park facilities and restricting takings for private development.

What This Bill Does

If enacted, HB378 tightens eminent domain rules for state and local governments. It bars condemnations for nongovernmental development and for primarily taking a mortgage or deed of trust. It still allows takings to build or maintain streets, government buildings, and park facilities, but it explicitly excludes recreational trails for biking or hiking from park facilities. It permits limited blight-related redevelopment by certain public entities under Title 24, with specific restrictions on mortgage takings and utilities, and becomes effective the first day of the third month after approval.

Who It Affects

• State and local government entities: restricted from condemning land for private development or for primarily taking a mortgage or deed of trust; may still condemn for streets, government buildings, and park facilities (with trails excluded).
• Private property owners: greater protection against eminent domain for private development and against takings aimed at mortgages or deeds of trust.
• Redevelopment authorities and housing/public entities: may still use eminent domain for blight redevelopment under Title 24, under certain conditions and not primarily to seize mortgages or to benefit public utilities.

Key Provisions

• Prohibits condemning property for nongovernmental retail, office, commercial, residential, or industrial development or primarily to condemn a mortgage or deed of trust.
• Allows condemnation in blight redevelopment by counties, municipalities, housing authorities, or other public entities under Title 24, provided the purpose is not primarily to acquire a mortgage or deed of trust and not for public utilities.
• Permits eminent domain for constructing, maintaining, or operating streets and roadways, government buildings, or park and recreation facilities; park and recreation facilities do not include recreational trails for biking or hiking.
• Effective date: becomes law on the first day of the third month following passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Eminent Domain