Alabama 2025 Regular Session

Alabama Senate Bill SB42 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB42ENGROSSED~~
	1	+	SB42INTRODUCED
2	2		Page 0
3	3		SB42
4		-	I4FXZWW-2
	4	+	I4FXZWW-1
5	5		By Senator Melson
6	6		RFD: Agriculture, Conservation, and Forestry
7	7		First Read: 04-Feb-25
8	8		1
9	9		2
10	10		3
11	11		4
12		-	5 ~~SB42 Engrossed~~
	12	+	5 I4FXZWW-1 02/04/2025 TRP (L)bm 2024-3213
13	13		Page 1
14	14		First Read: 04-Feb-25
	15	+	SYNOPSIS:
	16	+	Under existing law, the Director of
	17	+	Transportation has the authority to acquire
	18	+	rights-of-way to construct a state road, by purchase or
	19	+	under the state, county, or municipal condemnation
	20	+	laws, as deemed necessary.
	21	+	This bill would authorize the appropriate
	22	+	governing body, upon petition from the land owner of
	23	+	the adjacent parcels, to deed the road back to the
	24	+	original land owner if the road has been abandoned and
	25	+	no longer used for the original purpose it was
	26	+	purchased due to unforeseeable circumstances rendering
	27	+	it unusable.
15	28		A BILL
16	29		TO BE ENTITLED
17	30		AN ACT
18	31		Relating to highways, roads, and bridges; to amend
19	32		Section 23-1-45, Code of Alabama 1975; to allow a surrounding
20	33		land owner to petition a governing body to deed abandoned,
21		-	condemned property which was used to construct a road back to
22		-	the land owner when the road is no longer being used for the
23		-	original purpose it was purchased and conditions have rendered
24		-	the road useless.
25		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26		-	Section 1. Section 23-1-45, Code of Alabama 1975, is
27		-	amended to read as follows:
28		-	"§23-1-45
29		-	(a)(1) Any other provision of law to the contrary
30		-	notwithstanding, the Director of Transportation shall have
31		-	authority to acquire the rights-of-way deemed necessary by the
32		-	State Department of Transportation for the construction of a
33		-	state road, either by purchase or by the exercise of the right
34		-	of eminent domain in condemnation proceedings as provided
35		-	under the laws of this state, or the county or municipality in
36		-	which such road deemed necessary by the Director of
37		-	Transportation is located shall acquire such rights-of-way
	34	+	condemned property which was used to construct a state road
	35	+	back to the land owner when the road is no longer being used
	36	+	for the original purpose it was purchased and conditions have
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65		-	28 SB42 ~~Engrossed~~
	64	+	28 SB42 INTRODUCED
66	65		Page 2
	66	+	for the original purpose it was purchased and conditions have
	67	+	rendered the road useless.
	68	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	69	+	Section 1. Section 23-1-45, Code of Alabama 1975, is
	70	+	amended to read as follows:
	71	+	"§23-1-45
	72	+	(a)(1) Any other provision of law to the contrary
	73	+	notwithstanding, the Director of Transportation shall have
	74	+	authority to acquire the rights-of-way deemed necessary by the
	75	+	State Department of Transportation for the construction of a
	76	+	state road, either by purchase or by the exercise of the right
	77	+	of eminent domain in condemnation proceedings as provided
	78	+	under the laws of this state, or the county or municipality in
	79	+	which such road deemed necessary by the Director of
67	80		Transportation is located shall acquire such rights-of-way
68	81		deemed necessary by the Director of Transportation, when
69	82		requested to do so by said Director of Transportation.
70	83		(2) IfShould the county or municipality fail or
71	84		refusefails or refuses to acquire said rights-of-way, the
72	85		Director of Transportation shall have authority to may acquire
73	86		such rights-of-way as first above authorized in subdivision
74	87		(1). Rights-of-way acquired under the provision of pursuant to
75	88		this section shall be paid for in the manner prescribed by
76	89		law.
77		-	(b~~)(1~~) If at any point the road that was constructed on
78		-	a right-of-way at the direction of the Director of
	90	+	(b) If at any point the road that was constructed on a
	91	+	right-of-way at the direction of the Director of
79	92		Transportation is abandoned, the property owner of the
80	93		adjacent property that has the abandoned road running through
81	94		his or her parcel may petition the governing state, county, or
82		-	municipal body that owns the road to deed the property on
83		-	which the road is situated back to the owner if: (i) the
84		-	governing body had acquired the right-of-way from the private
85		-	owner of the adjacent property on both sides of the road in
86		-	order to construct a road; (ii) the original owner or current
87		-	owner owns both sides of the road;(iii) the constructed road
88		-	has been abandoned and no longer serves the original purpose
89		-	for which it was purchased due to certain unforeseeable
90		-	conditions rendering the road unusable; and (iv) the property
91		-	owner can close to the midline of the right-of-way.
92		-	(2) The petition shall be granted unless the governing
93		-	state, county, or municipal body can articulate a future use
94		-	of the property consistent with the use articulated at the
95		-	time the property was purchased. "
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123		-	56 SB42 ~~Engrossed~~
	122	+	56 SB42 INTRODUCED
124	123		Page 3
125		-	time the property was purchased. "
	124	+	his or her parcel may petition the governing state, county, or
	125	+	municipal body that owns the road to deed the property on
	126	+	which the road is situated back to the owner if: (i) the
	127	+	governing body had acquired the right-of-way from the private
	128	+	owner of the adjacent property on both sides of the road in
	129	+	order to construct a road; (ii) the original owner or current
	130	+	owner owns both sides of the road; and (iii) the constructed
	131	+	road has been abandoned and no longer serves the original
	132	+	purpose for which it was purchased due to certain
	133	+	unforeseeable conditions rendering the road unusable. "
126	134		Section 2. This act shall become effective on October
127	135		1, 2025.
128	136		57
129		-	58 SB42 Engrossed
130		-	Page 4
131		-	1, 2025.
132		-	Senate
133		-	Read for the first time and referred
134		-	to the Senate committee on
135		-	Agriculture, Conservation, and
136		-	Forestry
137		-	................04-Feb-25
138		-	Read for the second time and placed
139		-	on the calendar:
140		-	0 amendments
141		-	................12-Feb-25
142		-	Read for the third time and passed
143		-	as amended
144		-	Yeas 32
145		-	Nays 0
146		-	Abstains 0
147		-	................18-Feb-25
148		-	Patrick Harris,
149		-	Secretary.
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