SB42INTRODUCED
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SB42
I4FXZWW-1
By Senator Melson
RFD: Agriculture, Conservation, and Forestry
First Read: 04-Feb-25
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5 I4FXZWW-1 02/04/2025 TRP (L)bm 2024-3213
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First Read: 04-Feb-25
SYNOPSIS:
Under existing law, the Director of
Transportation has the authority to acquire
rights-of-way to construct a state road, by purchase or
under the state, county, or municipal condemnation
laws, as deemed necessary.
This bill would authorize the appropriate
governing body, upon petition from the land owner of
the adjacent parcels, to deed the road back to the
original land owner if the road has been abandoned and
no longer used for the original purpose it was
purchased due to unforeseeable circumstances rendering
it unusable.
A BILL
TO BE ENTITLED
AN ACT
Relating to highways, roads, and bridges; to amend
Section 23-1-45, Code of Alabama 1975; to allow a surrounding
land owner to petition a governing body to deed abandoned,
condemned property which was used to construct a state road
back to the land owner when the road is no longer being used
for the original purpose it was purchased and conditions have
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for the original purpose it was purchased and conditions have
rendered the road useless.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 23-1-45, Code of Alabama 1975, is
amended to read as follows:
"ยง23-1-45
(a)(1) Any other provision of law to the contrary
notwithstanding, the Director of Transportation shall have
authority to acquire the rights-of-way deemed necessary by the
State Department of Transportation for the construction of a
state road, either by purchase or by the exercise of the right
of eminent domain in condemnation proceedings as provided
under the laws of this state, or the county or municipality in
which such road deemed necessary by the Director of
Transportation is located shall acquire such rights-of-way
deemed necessary by the Director of Transportation, when
requested to do so by said Director of Transportation.
(2) IfShould the county or municipality fail or
refusefails or refuses to acquire said rights-of-way, the
Director of Transportation shall have authority to may acquire
such rights-of-way as first above authorized in subdivision
(1). Rights-of-way acquired under the provision of pursuant to
this section shall be paid for in the manner prescribed by
law.
(b) If at any point the road that was constructed on a
right-of-way at the direction of the Director of
Transportation is abandoned, the property owner of the
adjacent property that has the abandoned road running through
his or her parcel may petition the governing state, county, or
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his or her parcel may petition the governing state, county, or
municipal body that owns the road to deed the property on
which the road is situated back to the owner if: (i) the
governing body had acquired the right-of-way from the private
owner of the adjacent property on both sides of the road in
order to construct a road; (ii) the original owner or current
owner owns both sides of the road; and (iii) the constructed
road has been abandoned and no longer serves the original
purpose for which it was purchased due to certain
unforeseeable conditions rendering the road unusable. "
Section 2. This act shall become effective on October
1, 2025.
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