Usa Alabama

USA Statutes : alabama
Title : Title 18 EMINENT DOMAIN.
Chapter : Chapter 03 ACQUISITION OF RIGHTS-OF-WAY BY PRIVATE PARTIES.
Section 18-3-1

Section 18-3-1
Acquisition; width.

The owner of any tract or body of land, no part of which tract or body of land is adjacent or contiguous to any public road or highway, shall have and may acquire a convenient right-of-way, not exceeding in width 30 feet, over the lands intervening and lying between such tract or body of land and the public road nearest or most convenient thereto provided written approval is obtained from the municipal government and the planning board of such municipality.



(Acts 1919, No. 679, p. 982; Code 1923, §7529; Code 1940, T. 19, §56; Acts 1957, No. 537, p. 759; Acts 1982, 2nd Ex. Sess., No. 82-784, p. 288.)Section 18-3-2

Section 18-3-2
Right-of-way through yard, garden, orchard, etc.; payment of compensation and damages for right-of-way.

In the establishment and condemnation of such right-of-way, no road or right-of-way shall be established through any person's yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner; and the applicant must pay the owner for the value of the land taken and compensation for damage to the land, through which said right-of-way is established, resulting from the establishment of such road or right-of-way.



(Acts 1919, No. 679, p. 982; Code 1923, §7530; Code 1940, T. 19, §57.)Section 18-3-20

Section 18-3-20
Acquisition; width.

Where a cemetery or graveyard has been used by the public as a place for burying the dead for 20 years or more and no part of said cemetery or graveyard is adjacent or contiguous to any public road or highway, any person who has, or any persons who have, relatives or relations buried in said cemetery or graveyard shall have the right to acquire and may acquire a convenient right-of-way, not exceeding in width 15 feet, over the lands intervening and lying between such cemetery or graveyard or body of land on which the same is situated and the public road or highway nearest or most convenient thereto.



(Acts 1927, No. 475, p. 520; Code 1940, T. 19, §59.)Section 18-3-21

Section 18-3-21
Right-of-way through yard, garden, orchard, etc.; payment of compensation and damages for right-of-way.

In the establishment and condemnation of such right-of-way, no road or right-of-way shall be established through any person's yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner; and the applicant must pay the owner for the value of the land taken and compensation for damage to the land, through which said right-of-way is established, resulting from the establishment of such road or right-of-way.



(Acts 1927, No. 475, p. 520; Code 1940, T. 19, §60.)Section 18-3-22

Section 18-3-22
Application to probate court.

The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1A of this title.



(Acts 1927, No. 475, p. 520; Code 1940, T. 19, §55.)Section 18-3-3

Section 18-3-3
Application to probate court.

The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1 of this title.



(Acts 1919, No. 679, p. 982; Code 1923, §7531; Code 1940, T. 19, §58.)

USA Statutes : alabama