SB57 Alabama 2021 Session

Summary

Primary Sponsor

Tim MelsonSenator

Republican

Session

Regular Session 2021

Title

Eminent domain, public lands, rights-of-way, granting further provided, Sec. 18-3-1 am'd.

Summary

SB57 changes Alabama law to make it easier for landowners with landlocked property to obtain a legal right-of-way to a public road, with specific conditions and approvals, including a special case when public unused lands sit between the parcel and the road.

What This Bill Does

It allows a convenient right-of-way, up to 30 feet wide, over intervening lands for landlocked parcels to reach the nearest public road. When the land is landlocked and adjacent to public unused lands between the parcel and the road, a rebuttable presumption would require the probate court to grant the right-of-way over those lands, subject to approval by the State Lands Division and, if needed, a road authority. The bill also adds municipality-specific approval requirements and clarifies exemptions and procedural controls to ensure future development is not substantially impaired, with an effective date set after governor approval.

Who It Affects

• Landowners with landlocked parcels: may obtain a convenient right-of-way over intervening lands to reach a public road, up to 30 feet wide, with certain approvals and potential presumptions in cases involving public unused lands.
• Public land managers and government entities (probate courts, State Lands Division, municipalities, planning boards, and road authorities): responsible for approving rights-of-way, ensuring limitations are met, and handling access point approvals; Forever Wild Land Trust and sixteenth section lands are exempt.

Key Provisions

• Authorizes a convenient right-of-way not exceeding 30 feet wide over lands between a landlocked tract and the nearest public road.
• If the land is within a municipality, requires written approval from the municipal government and planning board before filing an application.
• If the land abuts public unused lands managed by the Department of Conservation and Natural Resources and located between the tract and road, the probate court must grant the right-of-way over those lands, provided it does not substantially impair future development; requires approval by the State Lands Division; if no fixed access point exists, a new access point must be approved by the road supervisory authority.
• Excludes Forever Wild Land Trust lands and sixteenth section lands from these provisions.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

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

Subjects

Property, Real and Personal