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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2021 Alabama Legislative Regular Session
  5. 2021 Alabama Senate Bills
  6. SB57 Alabama 2021 Session
Tuscaloosa, AL holds municipal elections March 2, 2021. Click here to view the elections and the candidates running.

SB57 Alabama 2021 Session

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In Committee
Contents hide
  • 1 Bill Summary
  • 2 Bill Actions
  • 3 Bill Calendar
  • 4 Bill Text
  • 5 Bill Documents

Bill Summary

Sponsors
  • Tim Melson
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

Relating to eminent domain; to amend Section 18-3-1, Code of Alabama 1975, to further provide for the acquisition of private rights-of-way.

Subjects
Property, Real and Personal

Bill Actions

Action Date Chamber Action
February 10, 2021 S Pending third reading on day 6 Favorable from Agriculture, Conservation and Forestry with 2 amendments
February 10, 2021 S Agriculture, Conservation and Forestry first Amendment Offered
February 10, 2021 S Agriculture, Conservation and Forestry second Amendment Offered
February 10, 2021 S Read for the second time and placed on the calendar 2 amendments
February 2, 2021 S Read for the first time and referred to the Senate committee on Agriculture, Conservation and Forestry

Bill Calendar

Type Date Location Description
Hearing February 10, 2021 Room 325 at 14:30 Senate AC&F Hearing

Bill Text

Download SB57 Alabama 2021 Session PDF

Bill Documents

Type Link
Bill Text SB57 Alabama 2021 Session - Introduced
Bill Amendments Senate Agriculture, Conservation and Forestry second Amendment Offered
Bill Amendments Senate Agriculture, Conservation and Forestry first Amendment Offered
Fiscal Note Fiscal Note - SB57 for Agriculture, Conservation and Forestry
Fiscal Note Fiscal Note - SB57 for Agriculture, Conservation and Forestry
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