Ala. Code
Code of Alabama

Ala. Code § 18-3-3 (2026)

Application to Probate Court.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1 of this title.

(Acts 1919, No. 679, p. 982; Code 1923, §7531; Code 1940, T. 19, §58.)

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2010–2023 · leading case: Kish Land Co. v. Thomas, 42 So. 3d 1235 (Ala. Civ. App. 2010).
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Kish Land Co. v. Thomas, 42 So. 3d 1235 (Ala. Civ. App. 2010). · cites it 5× “However, the holding in Johnson , consistent with § 18-3-3, was that the circuit court did not possess jurisdiction to condemn a private right-of-way, ie.”
O.S. v. E.S., 205 So. 3d 1245 (Ala. 2015). “*1249 [[Image here]] “ ^The parties have since agreed that, pursuant to § 18-3-3, Ala.Code 1975, the proper court for the condemnation action would ■ he the Bullock Prohate Court.”
Strong v. Slate, 260 So. 3d 41 (Ala. Civ. App. 2018). · cites it 2× “See Ala. Code 1975, § 18-3-3. Slate attempted to appeal from the circuit court's judgment of dismissal via electronic filing, but he did not properly file a notice of appeal in a timely manner; on August 3, 2017, Slate's appeal was dismissed by this court on the authority of…”
Worrell v. Shell, 68 So. 3d 862 (Ala. Civ. App. 2011). · cites it 3× “However, § 18-3-3, Ala. *867 Code 1975, provides that, in condemnation actions by private parties, “the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1[A] of this title.”
Ammons Props., LLC v. Andrew William Spraggins, 385 So. 3d 919 (Ala. 2023). · cites it 2× “Because § 18-3-3 does not give the circuit court 5 SC-2022-0821 jurisdiction to condemn a right-of-way over neighboring property, Ammons argues, the circuit court's order is void.”
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