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Alabama · Through Act 2026-611

Ala. Code § 18-1A-194: Evidence Supporting Opinion as to Remainder Value in Partial Taking.

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Where this section sits in the code
  1. Title 18 Eminent Domain.
  2. Chapter 1A Eminent Domain Generally.
  3. Article 11 Evidence in Condemnation Actions.

For the purpose of supporting an opinion as to the value of a remainder after a partial taking, evidence may be received relating but not limited to the following factors:

(1) Extent of increase or decrease in the productivity and convenience of use of the remainder reasonably attributable to the taking;

(2) Extent of improvement in or impairment of access to the public highways from the remainder upon completion of the project;

(3) Extent of benefit or detriment caused by the project due to a change in grade within a right-of-way abutting the remainder;

(4) Extent of enhancement or damage as a consequence of the project;

(5) Extent of benefit or damage resulting from severance of land or improvements;

(6) Extent of benefit or damage resulting from the distance or proximity of the remainder, or improvements on the remainder, to the project in view of its character and probable use; and

(7) Cost of fencing not provided by the plaintiff and reasonably necessary to separate the land taken from the remainder.

Collected 2026-09-03T14:01:51Z. Source file · JSON

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