Eminent Domain Attorneys In Alabama

If you’ve been notified that your property may be taken through eminent domain, you deserve clear answers—not pressure to accept what you’ve been offered. That’s why we provide a free case review with an experienced eminent domain attorney in Alabama for any individual or business facing condemnation.

Experienced In Alabama Eminent Domain Law

At Sever Walker Padgitt, we work exclusively for LANDOWNERS—not government agencies or utilities. Whether you’re in Birmingham, Huntsville, Montgomery, or a smaller community across the Heart of Dixie, we understand how quickly condemnation can put pressure on you to accept an offer that may not reflect the full value of your property.

With offices across multiple states and experience handling cases nationwide, our team brings that depth of knowledge directly to landowners navigating Alabama eminent domain law. Our mission is simple: hold condemnors—state, federal, local, utility, or university—accountable and ensure you’re not left to navigate this process on your own.

What Is Eminent Domain Law In Alabama?

Eminent domain allows the government or certain entities to take private property for public use, often for eminent domain projects such as roads or utilities. Under Alabama eminent domain law, eminent domain is the legal authority to take property, while condemnation is the formal process used to carry out that authority.

Public Use Requirements

The taking must serve a legitimate public purpose—like highways, schools, or utility infrastructure—not simply transfer property to another private party.

Fair Compensation

Fair compensation reflects what your property is worth on the open market at the time of the taking. That value is usually supported by appraisals that weigh comparable sales, income potential (if applicable), and the project’s impact on the usefulness or value of what remains.

Condemnation Litigation Process

In Alabama, condemnation cases typically begin in probate court, where commissioners—not a jury—determine compensation. If either side challenges the result, the case can be appealed to the circuit court, where a jury may decide compensation.

What To Do If You’ve Received An Eminent Domain Notice In Alabama

Case Results

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Walker Padgitt Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Walker Padgitt Result:

$1,191,950

Meet Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we take pride in our expertise and dedication. With over 50 years of combined experience, our entire firm is built around serving youthe landowner who is facing eminent domain or condemnation.

Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

Frequently Asked Questions

Refusing to negotiate doesn’t stop the process—it typically moves the case into formal condemnation proceedings. At that point, decisions about value and compensation may be made with far less input from you, limiting your ability to influence the outcome of your case.

It can be. When a business is affected, compensation may account for the disruption to operations, including certain relocation or reestablishment costs. For homeowners, the focus is usually on the property’s value and how the taking impacts the remaining land.

Not in every case. Alabama law allows for attorney fees in limited situations, but most landowners should expect to cover their own legal costs unless specific conditions are met during the condemnation process. Fortunately, with Sever Walker Padgitt, you’re only charged a fee if we get you more compensation than you were initially offered.

Alabama places real limits on when property can be taken. Under Ala. Code 18-1B and related reforms passed after Kelo v. City of New London (2005), eminent domain generally cannot be used for private economic development—the taking must serve a defined public use and follow strict statutory procedures.

There’s no fixed timeline. Some cases move through probate court and valuation quickly, while others stretch out if compensation is disputed and appealed to the circuit court. The more contested the case, the longer the process tends to take.

Talk To An Alabama Eminent Domain Attorney About Your Case

Before you accept an offer or assume the outcome is set in stone, it’s worth taking a second look. Our team focuses solely on landowners and brings decades of experience navigating eminent domain law in Alabama.

Interested in hiring an eminent domain attorney for your case? We offer a free consultation to help you understand your options and where you stand. Contact us today or complete the form below to get started.

Contact Us

Let us share our expertise before you take this case on by yourself. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.

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