SB232 Alabama 2020 Session

Summary

Primary Sponsor

Tom Whatley

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

The bill narrows eminent domain by excluding biking/hiking trails from park and recreation facilities and restricting takings for private development while keeping the ability to condemn for streets, government buildings, and public facilities.

What This Bill Does

It amends Section 18-1B-2 to specify that park and recreation facilities do not include recreational trails for biking or hiking. It prohibits state and local entities from condemning property for nongovernmental development or to primarily condemn a mortgage or deed of trust, with exceptions for blight-related redevelopment and for public utilities. It continues to allow condemnation for streets and roadways, government buildings, and park facilities, but clarifies that park and recreation facilities do not include trails. If condemned land is not used for its public purpose, it must be offered back to the original owner at the purchase price (with tax-related adjustments); if not accepted within 90 days, the property may be sold at public sale.

Who It Affects

• State and local government entities (state agencies, counties, municipalities, housing authorities) that exercise eminent domain, who face new limits on condemning land for private development and must exclude biking/hiking trails from park-related takings.
• Property owners and nearby residents whose land could be condemned, who gain restrictions on private takings and have a right of first refusal if the condemned property is not used for its public purpose.

Key Provisions

• Park and recreation facilities do not include recreational trails for biking or hiking for eminent domain purposes.
• Prohibits condemnation for nongovernmental retail, office, commercial, residential, or industrial development or to primarily condemn a mortgage or deed of trust, with exceptions for blight-related redevelopment by certain public entities under Title 24 and excluding public utilities.
• Allows condemnation for constructing, maintaining, or operating streets/roadways, government buildings, or park facilities, with the trail exclusion applied to park/recreation facilities as noted.
• If condemned land is not used for its stated public purpose, it must be offered for sale back to the original owner at the purchase price (adjusted for certain taxes); if not accepted within 90 days, it may be sold at public sale.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Eminent Domain