Legislation We Support: The Elizabeth Swain Property Protection Act
This bill shall be known as “The Elizabeth Swain Property Protection Act.”
The Alabama Legislature finds that the Alabama Code of 1975 is inadequate in equitably ensuring transparent, comprehensive and accessible systems in transferring land rights and legal security of tenure. This inadequacy is especially burdensome on Alabama’s disadvantaged and vulnerable minority populations.
Therefore the Alabama Attorney General shall:
- Maintain an employee competent in all aspects of Alabama eminent domain proceedings to assist property owners in understanding their rights.
- The Attorney General shall prepare a brochure outlining the legal rights of private property owners under threat of eminent domain. This brochure shall contain contact information for the aforementioned employee who shall provide and or fully explain the rights of Alabama private property owners and the authority and power of eminent domain in Alabama, to all property owners threatened by an eminent domain taking.
When an entity processing the authority of eminent domain under the auspices of the State of Alabama contemplates the use of eminent domain the entity shall:
Send a representative knowledgeable in the eminent domain proceeding under consideration to meet with the owner of the private property in question. On serving notice to an owner of the possible exercise of eminent domain, the condemnor shall provide clear and written explanation of all procedures and the owner’s rights and remedies. The representative shall secure the signature of the private property owner on a form which acknowledges the private property owner’s receipt of the brochure.
If the private property owner resides outside the boundaries of Alabama, the entity contemplating the use of eminent domain shall contact the private property owner and inform the owner about the brochure and its purpose and secure from the private property owner a mailing address. The representative shall, by certified mail, or other proof of delivery, send the brochure and the form for the signature acknowledging the receipt of the aforementioned brochure to the property owner of record.
If the private property owner believes that threatening and or badgering tactics have been employed by the entity contemplating the use of eminent domain or agents acting on behalf of that entity, the property owner may request an inquiry by the Attorney General. A finding by the Attorney General that threatening and or badgering tactics have been employed on the part of the aforementioned entity and/or agents operating to facilitate the proceedings shall result in a jury trial (the jury being selected from among the threatened property owners’ peers) in the court of _____. Eminent domain proceedings shall not go forward until the verdict has been handed down in the aforementioned trial and the actions specified in this act have been carried out in full.
Should the entity attempting the aforementioned eminent domain taking be a government agency, or a subsidiary thereof, a verdict in favor of the private property owner shall result in the removal of public officer holders involved in such harassment from public office. A verdict in favor of the private property owner against a “non-governmental entity” possessing eminent domain authority, and found guilty of threatening or harassing tactics, shall result in that entity paying the private property owner a minimum of four times the value of the “highest and best use” of said property.
The value of the property will initially be established by an independent expert, at the condemnor’s expense. Should the parties be unable to reach accord on the value, then the owner has a right to appeal to an appropriate court and the court shall determine value, based on three appraisals by impartial expert valuation witnesses whose fees shall be paid by the condemnor.
The payment shall be made over and above any settlement resulting from state authorized use of eminent domain. Proceedings of eminent domain which include negotiations shall not go forward until settlement of the aforementioned trial has been made. No court cost or attorney fees shall be incurred by the private property owner.