Inverse Condemnation Complaint - Alabama

COMPLAINT FOR INVERSE CONDEMNATION — ALABAMA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Background Facts
4. Count I — Inverse Condemnation (Ala. Const. art. I, § 23)
5. Count II — Inverse Condemnation / Property Injured or Destroyed (Ala. Const. art. XII, § 235)
6. Count III — Federal Taking (Fifth and Fourteenth Amendments) (Optional)
7. Damages and Just Compensation
8. Prayer for Relief
9. Demand for Trial by Jury
10. Verification
11. Signature and Service Blocks
12. Certificate of Service
13. Alabama Practice Notes
14. Sources and References

1. CAPTION

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

CIVIL ACTION NO. [________________________________]

VERIFIED COMPLAINT FOR INVERSE CONDEMNATION

Plaintiff, complaining of Defendant, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is [an individual resident of / a [entity type] organized under the laws of] [COUNTY/STATE] and is the owner of real property located at [ADDRESS], in [COUNTY] County, Alabama (the "Subject Property"), more particularly described in Exhibit A.

2.2. Defendant [GOVERNMENTAL ENTITY] ("Defendant") is a [municipality / county / state agency / public corporation / public utility] organized and existing under the laws of the State of Alabama, with authority to exercise or to invoke the power of eminent domain.

2.3. This Court has subject-matter jurisdiction pursuant to Ala. Code § 12-11-30 (circuit court general civil jurisdiction) and over the constitutional claims arising under Ala. Const. art. I, § 23 and art. XII, § 235.

2.4. Venue is proper in this Court because the Subject Property lies within [COUNTY] County and the acts complained of occurred within this County. See Ala. Code § 6-3-2; Ala. R. Civ. P. 82.

2.5. Defendant has not initiated a formal condemnation proceeding under the Alabama Eminent Domain Code, Ala. Code § 18-1A-1 et seq., and has not paid Plaintiff just compensation. Ala. Code § 18-1A-32 prohibits a condemnor from intentionally making it necessary for an owner to commence an inverse condemnation action to recover compensation owed.

3. BACKGROUND FACTS

3.1. Plaintiff owns the Subject Property in fee simple [or describe other interest: leasehold, easement, mineral, etc.], and prior to the events described below the Subject Property had a fair market value of approximately $[AMOUNT] and was used for [USE].

3.2. On or about [__/__/____], in connection with [PUBLIC PROJECT / IMPROVEMENT — e.g., road widening, drainage system, utility line, public works], Defendant [DESCRIBE GOVERNMENTAL ACTION].

3.3. As a direct and proximate result of Defendant's actions, Plaintiff's property has been:

☐ Physically invaded or occupied (permanent or recurring entry)

☐ Physically injured or damaged by construction or enlargement of a public work, highway, or improvement

☐ Subjected to flooding, diversion of surface water, or altered drainage

☐ Deprived of access to a public road or way

☐ Other: [________________________________]

3.4. Defendant undertook the foregoing acts for a public use, namely [PUBLIC PURPOSE].

3.5. Defendant has neither filed a condemnation petition nor tendered just compensation for the property taken, injured, or destroyed.

3.6. On or about [__/__/____], Plaintiff presented a sworn claim/demand for compensation to Defendant, which Defendant [denied / failed to act upon / offered inadequate compensation of $____].

4. COUNT I — INVERSE CONDEMNATION (Ala. Const. art. I, § 23)

4.1. Plaintiff incorporates paragraphs 2.1 through 3.6.

4.2. Ala. Const. art. I, § 23 provides that private property shall not "be taken for, or applied to public use, unless just compensation be first made therefor."

4.3. Defendant's actions described above effected a taking of, or a physical interference with, Plaintiff's property rights for a public use.

4.4. Inverse condemnation is the appropriate remedy where a governmental entity takes private property for public use without formal condemnation proceedings and without payment of just compensation. See McClendon v. City of Boaz, 395 So. 2d 21 (Ala. 1981); Jefferson County v. Southern Natural Gas Co., 621 So. 2d 1282 (Ala. 1993).

4.5. Defendant has not paid Plaintiff just compensation. Plaintiff is entitled to just compensation in an amount to be proven at trial, together with interest from the date of taking.

5. COUNT II — INVERSE CONDEMNATION / PROPERTY INJURED OR DESTROYED (Ala. Const. art. XII, § 235)

5.1. Plaintiff incorporates paragraphs 2.1 through 4.5.

5.2. Ala. Const. art. XII, § 235 provides that municipal and other corporations and individuals invested with the privilege of taking property for public use shall make just compensation for property "taken, injured, or destroyed by the construction or enlargement of [their] works, highways, or improvements," and that such compensation shall be paid before such taking, injury, or destruction.

5.3. Defendant is an entity within the scope of § 235, and Plaintiff's property was injured or destroyed by Defendant's construction or enlargement of a public work, highway, or improvement.

5.4. Section 235 affords a broader remedy than art. I, § 23 by expressly compensating property that is "injured or destroyed," not merely "taken." Plaintiff is entitled to compensation for the diminution in value of, and physical injury to, the Subject Property.

6. COUNT III — FEDERAL TAKING (FIFTH AND FOURTEENTH AMENDMENTS) (OPTIONAL)

6.1. Plaintiff incorporates paragraphs 2.1 through 5.4.

6.2. The Fifth Amendment to the United States Constitution, applicable to the States through the Fourteenth Amendment, provides that private property shall not "be taken for public use, without just compensation."

6.3. Defendant's actions constitute a [physical taking / regulatory taking depriving Plaintiff of all economically beneficial use under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992) / a partial regulatory taking under the factors of Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978)].

6.4. Under Knick v. Township of Scott, 139 S. Ct. 2162 (2019), Plaintiff may pursue this federal takings claim without first exhausting state remedies.

6.5. Plaintiff is entitled to just compensation under the United States Constitution.

7. DAMAGES AND JUST COMPENSATION

7.1. As a result of Defendant's taking, injury, or destruction, Plaintiff has suffered damages:

7.2. Plaintiff is entitled to interest on the amount of just compensation from the date of taking, [__/__/____], to the date of payment.

7.3. Pursuant to the Alabama Eminent Domain Code and the commentary thereto, a successful inverse condemnation claimant may recover litigation expenses, including reasonable attorney's fees, appraisal fees, and court costs. Plaintiff seeks such litigation expenses as allowed by law.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

1. ☐ Enter judgment in favor of Plaintiff and against Defendant declaring that Defendant has taken, injured, or destroyed Plaintiff's property for public use;

2. ☐ Award Plaintiff just compensation in an amount to be determined at trial, but not less than $[____________];

3. ☐ Award pre-judgment interest from the date of taking, [__/__/____], and post-judgment interest at the legal rate;

4. ☐ Award reasonable attorney's fees, appraisal fees, expert witness fees, and costs as permitted by law;

5. ☐ Award such other and further relief as the Court deems just and proper.

9. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, including the determination of just compensation. See Ala. Const. art. I, § 11; Ala. R. Civ. P. 38.

10. VERIFICATION

STATE OF ALABAMA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff (or authorized representative of Plaintiff) in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF 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 State Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. CERTIFICATE OF SERVICE

I hereby certify that on this the [____] day of [_______________], 20[____], I served the foregoing VERIFIED COMPLAINT FOR INVERSE CONDEMNATION upon Defendant by [the Court's electronic-filing system (AlaFile) / certified mail, return receipt requested / personal service] in accordance with Ala. R. Civ. P. 4 and 5, addressed as follows:

[SERVICE LIST WITH ADDRESSES — include the appropriate official under Ala. R. Civ. P. 4(c) for governmental defendants]

[________________________________]

[ATTORNEY NAME]

13. ALABAMA PRACTICE NOTES

• Constitutional basis. Two state provisions apply. Ala. Const. art. I, § 23 (property "taken for, or applied to public use") governs takings generally, including against the State. Ala. Const. art. XII, § 235 is broader for municipal, corporate, and similar takers, reaching property "taken, injured, or destroyed by the construction or enlargement of [their] works, highways, or improvements."
• Regulatory takings. Alabama state courts do not recognize a pure regulatory taking (no physical invasion or physical injury) as a compensable state inverse condemnation claim. Town of Gurley v. M & N Materials, Inc., 143 So. 3d 1 (Ala. 2012). Regulatory-takings theories must generally proceed under the federal Constitution.
• Sovereign immunity. Ala. Const. art. I, § 14 bars many suits against the State, but inverse condemnation to recover constitutionally guaranteed just compensation is treated as an exception permitting recovery against state officers in their representative capacity. Analyze immunity carefully before naming a State defendant.
• Claim presentment and limitations. Claims against municipalities require a sworn statement of claim filed within six months and suit within two years (Ala. Code § 11-47-23, § 11-47-192). County claims must be presented within twelve months (Ala. Code § 11-12-5; § 6-5-20). Confirm the governing limitation for the specific defendant; do not assume the general real-property period applies.
• Statute of limitations. There is no single statewide inverse condemnation limitations statute; the period depends on the defendant (municipal vs. county vs. state) and on whether the injury is permanent or recurring. For permanent physical takings, courts look to the date the taking became apparent; recurring flooding may give rise to successive accrual.
• Procedure / venue. File in the Circuit Court of the county where the property lies (Ala. Code § 6-3-2; Ala. R. Civ. P. 82). The Alabama Eminent Domain Code, Ala. Code § 18-1A-1 et seq., governs formal condemnation in probate court; inverse condemnation is a civil action in circuit court. Ala. Code § 18-1A-32 bars an agency from forcing an owner into an inverse action.
• Attorney's fees and litigation expenses. A prevailing inverse condemnation claimant may recover litigation expenses, including attorney and appraisal fees, consistent with the AEDC's litigation-expense framework. Confirm the operative section for the defendant type.
• Jury / valuation. Just compensation is a jury question; demand a jury in the complaint.

14. SOURCES AND REFERENCES

• Ala. Const. art. I, § 23 and art. XII, § 235 — https://www.legislature.state.al.us/
• Ala. Code Title 18, Chapter 1A (Alabama Eminent Domain Code) — https://law.justia.com/codes/alabama/title-18/
• Ala. Code § 18-1A-32 — https://law.justia.com/codes/alabama/title-18/chapter-1a/article-2/section-18-1a-32/
• Town of Gurley v. M & N Materials, Inc., 143 So. 3d 1 (Ala. 2012) — https://caselaw.findlaw.com/al-supreme-court/1619075.html
• McClendon v. City of Boaz, 395 So. 2d 21 (Ala. 1981)
• Jefferson County v. Southern Natural Gas Co., 621 So. 2d 1282 (Ala. 1993)
• Knick v. Township of Scott, 139 S. Ct. 2162 (2019)
• Alabama Rules of Civil Procedure — https://judicial.alabama.gov/

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.