Code of Alabama

Ala. Code § 9-9-21 (2026)

Right of Condemnation.

✓ official Alabama Legislature (ALISON) text, current July 2026

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The power of eminent domain is hereby conferred, and such land, easements or rights-of-way within or outside the district which are necessary to carry out the purposes of the district may be condemned. Nothing in this article shall be construed to authorize the acquisition by eminent domain of any real property or rights owned or controlled by railroads or utilities, both public and private. The right of condemnation hereby conferred shall be exercised by application to the court of probate of the county in which the lands over which such right-of-way or outlet is desired or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands under the right of eminent domain, and such damages as may be awarded as compensation shall be paid by the board of water management commissioners out of the first funds which shall be available from the proceeds of the sale of bonds or otherwise.

(Acts 1965, No. 685, p. 1246, §14.)

Notes of Decisions

Cited in 2 cases, 1983–1984 · leading case: Mardis v. Big Nance Creek Water Mgmt. Dist., 459 So. 2d 906 (Ala. Civ. App. 1984).

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Mardis v. Big Nance Creek Water Mgmt. Dist., 459 So. 2d 906 (Ala. Civ. App. 1984). · cites it 2× “§ 9-9-21, Code 1975. An appeal may be taken to the circuit court within twenty days of this decision.”

Mardis v. Big Nance Creek Water Mgmt. Dist., 578 F. Supp. 770 (N.D. Ala. 1983). · cites it 2× “Under the provisions of § 9-9-21, Code of Alabama 1975, the Big Nance Creek Water Management District has been since the date of its incorporation possessed with the power of eminent domain.”

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