Code of Alabama
Ala. Code § 18-1A-32 (2026)
Condemnation Action Required; Inverse Condemnation.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) If property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condemnor shall commence a condemnation action for that purpose. A condemnor shall not intentionally make it necessary for an owner of property to commence an action, including an action in inverse condemnation, to prove the fact of the taking of his property.
(b) The judgment and any settlement in an inverse condemnation action awarding or allowing compensation to the plaintiff for the taking or damaging of property by a condemnor shall include the plaintiff’s litigation expenses.
(Acts 1985, No. 85-548, p. 802, §213.)
Notes of Decisions
Cited in 10
cases, 1987–2017 · leading case: Alabama Dept. of Transp. v. Harbert Intern., Inc., 990 So. 2d 831 (Ala. 2008).
Alabama Dept. of Transp. v. Harbert Intern., Inc., 990 So. 2d 831 (Ala. 2008). “00, plus pursuant to Alabama Code § 18-1A-32, the Court awards Harbert its litigation expenses of $552,747.”
Town of Gurley v. M & N Materials, Inc., 143 So. 3d 1 (Ala. 2012). “Now, based upon a review of, and a second look at, the law involved, it is my judgment that M & N properly availed itself of the state-law remedy provided by § 18-1A-32 in its complaint, and it is my considered opinion that the application for rehearing should have been granted…”
Johnson v. City of Prichard, 771 F. Supp. 2d 1310 (S.D. Ala. 2011). “seq. (1975). Plaintiff has not specifically argued that Ordinance 1912 or Alabama Code § 11-53B-1 are somehow invalid.”
City of Mobile v. Lester, 804 So. 2d 220 (Ala. Civ. App. 2001). “Accordingly, I would remand only for the purpose of instructing the trial court to enter a judgment in favor of the plaintiffs for the full amount of their respective property damages, as determined by the jury, and to make an award of litigation expenses pursuant to Ala.Code…”
Long v. City of Athens, 24 So. 3d 1110 (Ala. Civ. App. 2009). “With regard to the Longs’ inverse-condemnation claim, the Longs, citing both caselaw and the inverse-condemnation statute, Ala.Code 1975, § 18-1A-32, argue that their cause of action alleging inverse condemnation accrues from the date of each injury or damage.”
Asphalt Contractors Inc. v. Alabama Dep't of Transp., 143 So. 3d 730 (Ala. 2013). “Indeed, it appears that ACI tracked the express operative provision of § 18-1A-32, Ala.Code 1975, which states: “(a) If property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condem-nor shall commence a condemnation action for that…”
Hous. Auth. of the Birmingham Dist. v. Logan Props., Inc., 127 So. 3d 1169 (Ala. 2012). “”), and § 18-1A-32, Ala.Code 1975 (“A condemnor shall not intentionally make it necessary for an owner of property to commence an action, including an action in inverse condemnation, to prove the fact of the taking of his property.”
Carroll v. City of Prattville, 653 F. Supp. 933 (M.D. Ala. 1987). “See also Constitution of Alabama, § 23 (1901); and Code of Alabama, § 18-1A-32(a) (1984 Replacement Volume), providing that if property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condemnor shall not intentionally make it necessary…”
Cooper v. Ziegler, 193 So. 3d 722 (Ala. 2015). “The Zieglers asserted in count I of their complaint an inverse-condemnation claim pursuant to § 18-1A-32(a), Ala.Code 1975. They specifically alleged in count 1(1) that the Montgomery County Probate Court had entered a condemnation order in 1971, granting AL-DOT’s request for a…”
Sima Props., L.L.C. v. Cooper, 236 So. 3d 857 (Ala. Civ. App. 2017). “'), and § 18-1A-32, Ala. Code 1975 ('A condemnor shall not intentionally make it necessary for an owner of property to commence an action, including an action in inverse condemnation, to prove the fact of the taking of his property.”
— Ala. Code § 18-1A-32(a) — 3 cases
Carroll v. City of Prattville, 653 F. Supp. 933 (M.D. Ala. 1987). “See also Constitution of Alabama, § 23 (1901); and Code of Alabama, § 18-1A-32(a) (1984 Replacement Volume), providing that if property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condemnor shall not intentionally make it necessary…”
Asphalt Contractors Inc. v. Alabama Dep't of Transp., 143 So. 3d 730 (Ala. 2013). “Indeed, it appears that ACI tracked the express operative provision of § 18-1A-32, Ala.Code 1975, which states: “(a) If property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condem-nor shall commence a condemnation action for that…”
Cooper v. Ziegler, 193 So. 3d 722 (Ala. 2015). “The Zieglers asserted in count I of their complaint an inverse-condemnation claim pursuant to § 18-1A-32(a), Ala.Code 1975. They specifically alleged in count 1(1) that the Montgomery County Probate Court had entered a condemnation order in 1971, granting AL-DOT’s request for a…”
— Ala. Code § 18-1A-32(b) — 1 case
Asphalt Contractors Inc. v. Alabama Dep't of Transp., 143 So. 3d 730 (Ala. 2013). “Indeed, it appears that ACI tracked the express operative provision of § 18-1A-32, Ala.Code 1975, which states: “(a) If property is to be acquired by a condemnor through the exercise of its power of eminent domain, the condem-nor shall commence a condemnation action for that…”
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