SB42 Alabama 2025 Session

Summary

Primary Sponsor

Tim MelsonSenator

Republican

Session

2025 Regular Session

Title

Property; governmental body authorized to allow condemned abandoned state road to revert back to original landowner once deemed unusable

Summary

SB42 lets adjacent landowners have an abandoned road deeded back to them if they own both sides of the road and the road is no longer used for its original purpose.

What This Bill Does

The bill amends Section 23-1-45 to create a process for adjacent landowners to request that an abandoned road be deeded back to them. The owner must own both sides of the road, and the road must have been built to serve as a road but is now abandoned and unusable due to unforeseen circumstances. The petition would be granted unless it would cut off access for other nearby property, conflicts with existing or planned greenway/trail plans, or the governing body can show a future use for the property aligned with its purchase. The provision does not apply to the State or the State Department of Transportation, and the measure takes effect on June 1, 2025.

Who It Affects

• Adjacent landowners who own both sides of an abandoned road and may petition to have the road de deeded back to them
• County or municipal governments that own the abandoned road and would evaluate and decide on petitions, including applying safeguards and denying petitions if criteria are not met

Key Provisions

• Amends Section 23-1-45 to authorize a reversion process where an abandoned road can be deeded back to the adjacent landowner
• Allows a landowner on both sides of the road to petition the governing county or municipal body to transfer ownership of the road back to them if specific conditions are met (road abandoned, unusable, and ownership alignment)
• Sets criteria for granting or denying the petition: would removal of road ownership deprive an adjacent owner of road access, would conflict with greenway/trail plans, or the governing body can articulate a future use consistent with the original purchase
• Excludes applicability to the State and the State Department of Transportation
• Effective date: June 1, 2025

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

Subjects

Property & Estates; Transportation