SB105 Alabama 2021 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Co-Sponsors

Steve LivingstonClay Scofield

Session

Regular Session 2021

Title

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

Summary

SB105 narrows eminent domain by explicitly excluding biking and hiking trails from being considered park and recreation facilities.

What This Bill Does

Amends Section 18-1B-2 to state that for eminent domain, park and recreation facilities do not include recreational trails for biking or hiking. Keeps existing restrictions on condemning land for nongovernmental development or mortgage-related uses, and maintains current allowances for condemnation in other limited public-use scenarios (such as streets, government buildings, or other park/recreation facilities without including trails).

Who It Affects

• State and local government entities that have the power of eminent domain; their ability to condemn land for trails under the park/recreation facilities category is reduced.
• Private property owners whose land could be targeted for bike or hike trail projects; they may face fewer condemnations for trails under the park/recreation facilities category and are affected by the narrowed scope of eminent domain.

Key Provisions

• Park and recreation facilities do not include recreational trails for biking or hiking for the purposes of eminent domain.
• The bill maintains existing limits on condemning land for nongovernmental development or mortgage-related purposes and clarifies that condemnation for trails is not authorized under the park/recreation facilities category, subject to other limited public-use provisions.

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