Stop Eminent Domain Abuse

The Alabama legislature finds that inadequate legislative protection exists for property owners that through eminent domain proceedings have agreed to swap their property for real estate owned by the party taking the property or an offering of property through a third party. An example is the Evergreen Baptist Church which accepted a land swap from the Alabama Department of Transportation after an understanding that hookups to all utilities would be provide for the new church building. When the church was two thirds completed, the Birmingham Water Works refused to provide water unless the church paid the Water Works $80,000.00 for the installation of a new water trunk line.

The legislature declares that the imposition incurred upon the church through eminent domain proceedings shall not be compounded by imposing additional expense for utility services at the property.

Furthermore, when a subdivision of the state or other entity possessing the authority of eminent domain enters into a settlement agreement wherein a parcel of land is offered and accepted in lieu of payment all utilities occurring on the property taken shall be provided at no expense and in a timely fashion to the accepting party.

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Evergreen Baptist Church overlooks I-65 between Birmingham and Gardendale, Alabama. The Church was required to surrender its property through eminent domain for road construction. The Church agreed to a property swap with the State Department of Transportation. The Church at its old location was serviced with water, gas and electricity - all modern conveniences. Before construction began on the new Church building, Rev. Smith contacted the Birmingham Water Works to ensure that water would be available. With the Water Works assurance, construction was begun. When construction reached ¾ completion, it was disclosed that the Birmingham Water Works would require $80,000.00 to install a new water main. The Church, consisting of a small congregation, could not afford the demands of the Water Works. Two years have passed and the inequity in the land swap has not been resolved. The Church pleads for a just and appropriate public outcry.

Property Rights Abuse and the Evergreen Baptist Church from Don Casey on Vimeo.

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