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Rule 71A Condemnation of property. [Omitted].

VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

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Rule Text

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

This rule has been left out of the current version of the Alabama Rules of Civil Procedure. It does not contain any active requirements or instructions for people involved in a case.

If you are dealing with a property condemnation matter (sometimes called eminent domain, where the government takes private property for public use), you will need to look at other rules or state laws that actually cover this topic. Since this specific rule was omitted, it will not give you guidance on how condemnation cases are handled in Alabama courts.

If you are working on a case that involves condemnation, it's a good idea to check with a lawyer or look at other applicable Alabama statutes to find the rules that actually apply to your situation.

Committee Notes

Committee Comments on 1973 Adoption

The Committee has not proposed an adaptation of Federal Rule 71A, Condemnation. These rules do not apply to probate courts where condemnation proceedings originate. See, generally, Title 19, §§ 1-60, Code of Ala. Separate procedural requirements in the circuit courts, not applicable in Probate Courts, would cause unnecessary duplication in the event of an appeal. One of the strongest objections to existing eminent domain practice relates to the recovery of interest once the condemning authority has paid the damages into court. See State v. LeCroy, 279 Ala. 428, 186 So.2d 142 (1966). However, see Rule 67, Deposit in Court, wherein the judge may cause funds paid in court to be deposited at interest and make appropriate distribution of the interest.

← Previous Rule 71: Process in behalf of and against persons not parties. Next → Rule 71B: Appeals from arbitration awards.

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Last updated: September 2026

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