SB131 Alabama 2021 Session

Summary

Primary Sponsor

Andrew JonesSenator

Republican

Session

Regular Session 2021

Title

Etowah County, require animal byproduct processing facilities to compensate property owners for devaluation, tipping fees authorized, removal of abandoned facilities

Summary

In Etowah County, SB131 would require certain nearby property owners to be compensated for property value losses caused by new animal byproduct processing facilities, allow local governments to charge landfill tipping fees to those facilities, and provide for removal of abandoned facilities.

What This Bill Does

If passed, the bill would require a qualifying subject facility to compensate property owners within three miles for the drop in property value, based on appraised values at operation start and three years later; it also requires pre- and post-operation appraisals, with the facility paying appraisal costs and delivering copies to owners. It sets a process for owners to request compensation and requires payment within 60 days, with court relief available if not paid (including potential double damages). It authorizes counties or municipalities to charge tipping fees for landfill use by subject facilities, directing funds to general funds. Finally, it provides that a subject facility not operating for 365 consecutive days can be deemed abandoned and removed, with the permit holder able to delay abandonment designation by proving operability and a plan to resume operations.

Who It Affects

• Property owners within three miles of a subject animal byproduct processing facility, who may receive compensation for loss in property value.
• Owners of subject facilities (those meeting location and high-fines criteria), who must pay compensation, cover appraisal costs, and follow the compensation process.
• Etowah County and municipalities, which could collect tipping fees from subject facilities and allocate funds to general purposes.
• The broader local community in Etowah County, who may be affected by landfill fees and the potential orderly removal of abandoned facilities.

Key Provisions

• Defines animal byproduct processing facility and subjects facilities (within three miles of a municipality and owned by someone with $50,000,000+ in federal fines since 2000) as eligible to be subject facilities.
• Requires a subject facility to compensate nearby property owners for diminution in value, calculated as the difference between property’s appraised value when operations begin and its appraised value in the third year after operations begin.
• Before operations start, the facility must have appraisals done for all nearby properties, pay the costs, and provide certified copies to owners along with compensation process notices; a second appraisal window occurs 30 months to three years after start, with costs paid by the facility and copies delivered to owners.
• Property owners must submit a written compensation request with certified appraisals; the facility must pay within 60 days; if not paid, owners can sue and receive judgment for twice the requested amount plus attorney fees and costs.
• Counties or municipalities may charge a tipping fee for landfill use by a subject facility, with funds going to the county or municipal general fund, and without granting authority to impose tipping fees on privately owned or operated facilities.
• Subject facilities not operating for 365 consecutive days can be deemed abandoned and removed by the operator, with the option to delay abandonment designation if proof is provided that it is not abandoned and when it will become operable.

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

Subjects

Etowah County