The commissioners must, within 20 days from their appointment, make a report in writing to the probate court stating the amount of damages and compensation ascertained and assessed by them for the owners of each tract of land, or persons injured and other parties interested therein, and thereupon, within seven days, the probate court must issue an order that the report be recorded and the property be condemned upon payment or deposit into the probate court of the damages and compensation so assessed. A notice of entry of said order and the amount of the award shall immediately be mailed by first class mail to each party whose address is known, together with a notice of the right to appeal therefrom to the circuit court within 30 days from the date of said order.
(Acts 1985, No. 85-548, p. 802, §1613.)
Notes of Decisions
Cited in
7
cases, 1998–2018 · leading case:
Boutwell v. State, 988 So. 2d 1015 (Ala. 2007).
Boutwell v. State, 988 So. 2d 1015 (Ala. 2007).
· cites it 14× “After the commissioners filed their report, the probate court issued an order condemning the property and transferring title of the property to the State, subject to its payment of a total compensation award of $153,791.”
Worrell v. Shell, 68 So. 3d 862 (Ala. Civ. App. 2011).
· cites it 16× “Code of Alabama 1975 § 12 — 11— 30(4).[ 6 ] This statute requires the Circuit Courts to superintend the Probate and other lower courts.”
Ex Parte Prudential Ins. Co. of Am., 721 So. 2d 1135 (Ala. 1998).
“Code 1975,] § 18-1A-282 [`The commissioners must, within 20 days from their appointment, make a report in writing to the probate court .”
Hous. Auth. of the Birmingham Dist. v. Logan Props., Inc., 127 So. 3d 1169 (Ala. 2012).
· cites it 2× “However, the probate court failed to enter an order adopting the commissioners’ report within the seven-day period required by § 18-1A-282, Ala. Code 1975, and Logan Properties thereafter moved for a dismissal of the condemnation action on the basis of the probate court’s…”
Ala. Power Co. v. Armstrong (Ex parte Ala. Power Co.), 262 So. 3d 1172 (Ala. 2018).
· cites it 6× “On June 8, 2017, the probate court entered an order, consistent with § 18-1A-282, Ala. Code 1975, adopting the report filed by the commissioners and declaring that Alabama Power would obtain the desired easements upon its payment of the assessed amounts (this order is…”
Ala. Power Co. v. Armstrong (Ex parte Ala. Power Co.), 262 So. 3d 1172 (Ala. 2018).
· cites it 6× “On June 8, 2017, the probate court entered an order, consistent with § 18-1A-282, Ala. Code 1975, adopting the report filed by the commissioners and declaring that Alabama Power would obtain the desired easements upon its payment of the assessed amounts (this order is…”
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