SB57 Alabama 2021 Session

Updated May 17, 2021

Senate Bill

Expired

Current Status

Regular Session 2021

Session

Sponsor

Summary

Primary Sponsor: Tim Melson Senator
Republican
Session: Regular Session 2021
Title: Eminent domain, public lands, rights-of-way, granting further provided, Sec. 18-3-1 am'd.
Description: Under the common law, when the owner of a tract of land that is contiguous to a public road subdivides a portion of that land that does not have access to a public road, there arises an implication that the owner also grants an easement by necessity over the owner's land for the grantee to access the public road.
Under existing law, when a person owns land, no part of which is adjacent or contiguous to any public road or highway, the person may acquire a right-of-way to the nearest public road by applying to and obtaining approval from the probate court of the county.
This bill would provide that if land is landlocked and is adjacent to public unused lands which are located between the subject land and a public road, a rebuttable presumption would arise that the probate court should grant a right-of-way over the public unused lands, subject to approval by the State Lands Division of the Department of Conservation.
Subjects: Property, Real and Personal