Ala. Code
Code of Alabama

Ala. Code § 22-21-319 (2026)

Extraordinary Power of Authority.

✓ official Alabama Legislature (ALISON) text, current July 2026
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If and only if its certificate of incorporation or an appropriate amendment thereto (both of which must, under the terms of this article, be approved by the governing body of each authorizing subdivision) shall expressly so provide, an authority shall have, in addition to all other powers granted elsewhere in this article, the same power of eminent domain as is vested by law in any authorizing subdivision, in the same manner and under the same conditions as are provided by law for the exercise of the power of eminent domain by such authorizing subdivision; provided however, that under no circumstances may an authority exercise the power of eminent domain for the purposes of providing office facilities for any physician, dentist or other health care professional primarily for use in his private practice.

(Acts 1982, No. 82-418, p. 629, §10.)

Notes of Decisions
Cited in 4 cases, 1989–2013 · leading case: Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013).
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Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013). · cites it 3× “” See Ala. Code 1975, § 22-21-319. The Authority’s certificate of incorporation provides it with the power of eminent domain.”
James D. Askew, Ginger Buck, Phillip Mahan v. Dch Reg'l Health Care Auth., West Alabama Gen. Hosp., Inc., 995 F.2d 1033 (11th Cir. 1993). · cites it 2× “Ala.Code § 22-21-319. In addition, in describing the legislature’s purpose in creating health care authorities, the Act states: It is therefore the intent of the legislature by the passage of this article to promote the public health of the people of this state .”
Tennessee Valley Printing Co. v. Health Care Auth. of Lauderdale Cnty., 61 So. 3d 1027 (Ala. 2010). “§ 22-21-319. Public health-care authorities are exempt from usury laws, interest laws, § 22-21-328, Ala.”
Griffith v. Health Care Auth. of City of Huntsville, 705 F. Supp. 1489 (N.D. Ala. 1989). “[subsection (d) omitted] The Court here notes of record that the Certificate of Reincorporation of The Health Care Authority of The City of Huntsville (filed April 14, 1986) in no manner limits or restricts the powers conferred upon the Authority by the provisions of § 22-21-318…”
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