Answer to Condemnation Petition - Alabama

ANSWER AND PRELIMINARY OBJECTIONS TO PETITION FOR CONDEMNATION — ALABAMA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Responses to the Allegations of the Petition
4. General Denial
5. Affirmative Defenses and Objections
6. Preliminary Objections Challenging the Right to Condemn
7. Reservation of Right to Just Compensation and Damages
8. Demand for Commissioners / Reservation of Jury on Appeal
9. Prayer for Relief
10. Verification
11. Signature and Service Blocks
12. Certificate of Service
13. Alabama Practice Notes
14. Sources and References

1. CAPTION

IN THE PROBATE COURT OF [COUNTY NAME] COUNTY, ALABAMA

CASE NO. [________________________________]

PARCEL NO. [________________________________]

ANSWER AND PRELIMINARY OBJECTIONS TO PETITION FOR CONDEMNATION

2. INTRODUCTION

COMES NOW the Defendant, [RESPONDENT LANDOWNER NAME(S)] ("Landowner"), owner of an interest in the real property described in the Petition and located at [ADDRESS / DESCRIPTION], [COUNTY] County, Alabama (the "Subject Property"), and, pursuant to Ala. Code §§ 18-1A-91 and 18-1A-93, files this Answer and Preliminary Objections to the Petition for Condemnation filed by [CONDEMNOR] ("Condemnor"), and states as follows:

3. RESPONSES TO THE ALLEGATIONS OF THE PETITION

Responding to the numbered paragraphs of the Petition:

Paragraph 1: ☐ Admitted ☐ Denied ☐ Denied for lack of knowledge or information sufficient to form a belief. [________________________________]

Paragraph 2: ☐ Admitted ☐ Denied ☐ Denied for lack of knowledge or information sufficient to form a belief. [________________________________]

Paragraph 3: ☐ Admitted ☐ Denied ☐ Denied for lack of knowledge or information sufficient to form a belief. [________________________________]

Paragraph 4 (public use/purpose): ☐ Admitted ☐ Denied — Landowner denies that the proposed taking is for a lawful public use or purpose. [________________________________]

Paragraph 5 (authority to condemn): ☐ Admitted ☐ Denied — Landowner denies that Condemnor is lawfully entitled to acquire the Subject Property. [________________________________]

Paragraph 6 (pre-suit offer / good faith): ☐ Admitted ☐ Denied — Landowner denies that Condemnor made the written offer to purchase required by Ala. Code §§ 18-1A-22 and 18-1A-55 before filing. [________________________________]

Paragraph 7 (just compensation offered): ☐ Admitted ☐ Denied — Landowner denies that the amount alleged is just compensation. [________________________________]

(Continue, responding to every numbered allegation of the Petition.)

4. GENERAL DENIAL

Except as expressly admitted above, Landowner denies each and every allegation of the Petition and demands strict proof thereof.

5. AFFIRMATIVE DEFENSES AND OBJECTIONS

Landowner asserts the following defenses and objections without waiving any right to just compensation:

First Defense — No Public Use or Public Purpose

☐ The proposed acquisition is not for a public use or public purpose as required by Ala. Const. art. I, § 23 and the Fifth and Fourteenth Amendments. The condemnation primarily confers a private benefit and is therefore unlawful. See Ala. Code § 18-1A-91(b) (objection that the condemnor "is not lawfully entitled to take").

Second Defense — Lack of Statutory Authority

☐ Condemnor lacks statutory authority to condemn the Subject Property for the stated purpose under the Alabama Eminent Domain Code or its enabling legislation.

Third Defense — Failure to Make the Required Pre-Suit Offer (Condition Precedent)

☐ Condemnor failed to deliver the written offer to purchase at the full appraised value required by Ala. Code §§ 18-1A-22 and 18-1A-55 before filing the Petition, a condition precedent to condemnation. See Ala. Code § 18-1A-91(b).

Fourth Defense — Lack of Necessity / Excessive Taking

☐ The taking, or the quantity of land or interest sought, exceeds what is reasonably necessary for the stated project. A lesser taking or alternative location would accomplish the public purpose.

Fifth Defense — Procedural and Notice Defects; Improper Venue/Jurisdiction

☐ Condemnor failed to comply with required procedures and notices, and/or the Subject Property is not located in this county, depriving this Court of proper venue or jurisdiction. See Ala. Code § 18-1A-91(b).

Sixth Defense — Bad Faith / Abuse of the Eminent Domain Power

☐ The Petition was filed in bad faith or constitutes an abuse of the power of eminent domain.

Seventh Defense — Inadequate Compensation

☐ Any amount offered does not reflect the fair market value of the property taken, severance damages to the remainder, loss of access, or other compensable items.

Eighth Defense — Reservation

☐ Landowner reserves the right to assert additional defenses revealed through discovery and the § 18-1A-93 hearing.

6. PRELIMINARY OBJECTIONS CHALLENGING THE RIGHT TO CONDEMN

Pursuant to Ala. Code §§ 18-1A-91(b) and 18-1A-93, Landowner objects to the right to condemn and requests a hearing before the entry of any order of condemnation, on the following grounds:

1. ☐ Condemnor is not lawfully entitled to take the Subject Property because the taking is not for a public use or purpose and/or Condemnor lacks statutory authority (§ 18-1A-91(b)).

2. ☐ Condemnor failed to satisfy a condition precedent to the taking — including the pre-suit written offer required by §§ 18-1A-22 and 18-1A-55 — and/or this Court lacks jurisdiction or is an improper venue (§ 18-1A-91(b)).

3. ☐ The quantity of property or interest sought is greater than reasonably necessary.

Landowner requests that, upon hearing under § 18-1A-93, the Court dismiss the Petition, or, in the alternative, enter a conditional dismissal under Ala. Code § 18-1A-95 directing Condemnor to take corrective action before any condemnation.

7. RESERVATION OF RIGHT TO JUST COMPENSATION AND DAMAGES

Without waiving the foregoing objections, and in the event the taking is allowed, Landowner reserves and demands full just compensation under Ala. Const. art. I, § 23 and, where applicable, art. XII, § 235, including:

Landowner further reserves the right to interest and to all relocation benefits required by law, and the right to appeal any order of condemnation and the commissioners' award to the circuit court for a trial de novo.

8. DEMAND FOR COMMISSIONERS / RESERVATION OF JURY ON APPEAL

8.1. Landowner acknowledges that, if condemnation is allowed in probate court, just compensation will in the first instance be assessed by commissioners appointed and sworn under Ala. Code §§ 18-1A-280 and 18-1A-281, who report their assessment to the probate court under Ala. Code § 18-1A-282.

8.2. ☐ Landowner demands a trial by jury on the issue of just compensation upon appeal to the circuit court pursuant to Ala. Code § 18-1A-283 and, where applicable to this Condemnor, Ala. Const. art. XII, § 235, and reserves the right to appeal the order of condemnation within thirty (30) days of its entry.

9. PRAYER FOR RELIEF

WHEREFORE, Landowner respectfully requests that this Court:

1. ☐ Set a hearing on Landowner's preliminary objections pursuant to Ala. Code § 18-1A-93;

2. ☐ Dismiss the Petition for failure to establish the right to condemn or to satisfy conditions precedent, or enter a conditional dismissal under § 18-1A-95;

3. ☐ In the alternative, limit the taking to the property reasonably necessary for the stated public use;

4. ☐ If condemnation is allowed, award full just compensation, severance damages, and all other compensable items in an amount not less than $[____________];

5. ☐ Award interest and all relocation benefits required by law;

6. ☐ Award costs and, to the extent authorized, expenses; and

7. ☐ Grant such other and further relief as is just and proper.

10. VERIFICATION

STATE OF ALABAMA

COUNTY OF [________________________________]

I, [RESPONDENT NAME], being first duly sworn, state that I am the Defendant/Landowner (or authorized representative) in this matter, that I have read the foregoing Answer and Preliminary Objections, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[RESPONDENT NAME]

Sworn to and subscribed before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public

My commission expires: [__/__/____]

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Alabama Bar No. [________]

Attorney for Defendant/Landowner

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER] Email: [EMAIL]

12. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing was served on Condemnor's counsel of record by:

☐ Hand delivery ☐ U.S. Mail, postage prepaid ☐ Certified mail, return receipt requested ☐ Electronic service via AlaFile / [system]

[CONDEMNOR'S COUNSEL — NAME, ADDRESS]

[________________________________]
[ATTORNEY NAME]

13. ALABAMA PRACTICE NOTES

• Code and forum. Condemnation is governed by the Alabama Eminent Domain Code, Ala. Code § 18-1A-1 et seq. The action is commenced in the probate court of the county where the land lies (§ 18-1A-71). Municipalities should use the Title 18 procedure rather than the older §§ 11-47-170 to -173 route.
• Answer / objections. The landowner may file an answer and preliminary objections (§ 18-1A-91). The objections that can defeat the taking are narrow: that the condemnor is not lawfully entitled to take (no public use/purpose, no authority) or that a condition precedent was not met (e.g., no pre-suit offer under §§ 18-1A-22, 18-1A-55; improper venue/jurisdiction) — § 18-1A-91(b). Confirm the response time stated on the probate summons/citation; do not assume a generic 30-day civil answer period.
• Hearing and dismissal options. The probate court holds a hearing on objections (§ 18-1A-93) and may dismiss, conditionally dismiss for corrective action (§ 18-1A-95), or enter an order of condemnation.
• Compensation: commissioners then jury. In probate court, just compensation is assessed by commissioners who are appointed and sworn (§§ 18-1A-280, 18-1A-281) and who report their assessment (§ 18-1A-282). A party dissatisfied with the order of condemnation appeals to the circuit court within 30 days (§ 18-1A-283); trial there is de novo. For the municipal, corporate, and individual condemnors within Ala. Const. art. XII, § 235, either party may demand a jury. Note: you appeal from the order of condemnation entered under § 18-1A-282, not the preliminary order granting the petition. Ex parte Alabama Power Co. (Ala. 2018).
• Possession pending appeal. Ala. Code § 18-1A-289 permits entry during an appeal upon deposit in circuit court of the assessed compensation and costs. Ala. Const. art. XII, § 235 separately requires a bond of at least double the assessed damages when the condemnor is a municipal or other corporation or an individual invested with the taking privilege. Identify the condemnor before invoking the bond requirement.
• Attorney-fee recovery (limited / unsettled). Alabama's Eminent Domain Code does not provide a broad prevailing-owner fee statute comparable to some states. Fee and litigation-expense recovery is limited; confirm whether any project-specific statute, federal Uniform Act (42 U.S.C. § 4654, applicable to abandonment/dismissal on federally assisted projects), or relocation provision applies. Flag this as an area requiring case-specific research rather than assuming a fee award.
• Valuation date / measure. Just compensation is fair market value (§ 18-1A-172), and for a partial taking is measured as the difference between the fair market value of the entire property before the taking and the remainder after (§ 18-1A-170(b)). Confirm the controlling valuation date for the specific taking.
• Relocation assistance. Displacement benefits are not a § 18-1A remedy; Alabama authorizes relocation assistance under Ala. Code § 23-1-210 for projects subject to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.). Confirm whether the project triggers federal Uniform Act coverage.

14. SOURCES AND REFERENCES

• Ala. Code § 18-1A-1 et seq. (Eminent Domain Code) — https://law.justia.com/codes/alabama/title-18/chapter-1a/
• Ala. Code § 18-1A-91 (answer / preliminary objections); § 18-1A-93 (hearing); § 18-1A-95 (conditional dismissal)
• Ala. Code § 18-1A-22, § 18-1A-55 (pre-suit offer as prerequisite); §§ 18-1A-280 to 18-1A-282 (commissioners; order of condemnation); § 18-1A-210 (contents of judgment)
• Ala. Code § 18-1A-283 (appeal de novo to circuit court within 30 days)
• Ala. Code § 23-1-210 (relocation assistance authorization; federal Uniform Relocation Act)
• Ala. Const. art. I, § 23; art. XII, § 235 (just compensation; jury and bond rules for condemnors within § 235)
• Ex parte Alabama Power Co. (Ala. 2018) (appeal runs from the order of condemnation)
• Alabama League of Municipalities, "The Power to Condemn"
• 42 U.S.C. § 4654 (Uniform Act — fees on dismissal/abandonment, federally assisted projects)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Alabama must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.