SB57 Alabama 2021 Session
Bill Summary
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.
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
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 |