I have recently been asked several questions about eminent domain, or condemnation. Alabama's eminent domain laws can be found in Title 18 of Alabama Code. These laws provide standards for the acquisition of property by condemnors, the conduct of condemnation actions, and the determination of just compensation for any land condemned. “Condemnation is defined as the legal process by which a governmental body exercises its right of "eminent domain" to acquire private property for public uses (highways, schools, etc.).

There are generally two types of condemnation actions – government condemnation and private condemnation. Most condemnations are requested by the government for the greater public good; to build roads or other important infrastructure for example. However, the law also allows for private condemnation in certain cases. A private condemnation is possible when a person has property that is legally landlocked. Legally landlocked property is property that has no legal access by means of a recorded easement or public road. In private condemnation cases, an individual can condemn an easement 30 feet wide so that he may enjoy legal access to his property. Private condemnations are legal in Alabama because lawmakers do not want to render property stagnant due to it being landlocked. Indeed, if there was no way to legally obtain access to landlocked property, the property would potentially be of no value.

Before commencing a condemnation action, the condemnor should appraise the property to determine the amount that would constitute just compensation for its taking. The owner or his or her representative can request a reasonable opportunity to accompany the appraiser during the inspection of the property. The condemnor should establish an amount based on appraisal and submit an offer to the owner to acquire the property for the established amount. If the owner refuses to sell the property for its appraised value, the condemnor must file a condemnation action.

A condemnation action is commenced by filing a complaint for condemnation with the probate court in the county in which the property is located. The defendant may respond by answer if he challenges the right to condemn or questions or disputes the area to be acquired. The amount of compensation and any additional issue shall be determined by a group of “commissioners” appointed by the probate judge.

After an award of condemnation, the judge issues an order describing the property condemned and declaring the right of the plaintiff to take it by eminent domain and reciting the amount of compensation and damages. If the plaintiff fails to make full payment of the judgment within the time allowed by law, the defendant may treat the failure to make payment as an abandonment of the condemnation action with respect to the property for which payment has not been made, and may move to vacate the judgment and for a dismissal of the condemnation action.