Code of Alabama - Title 18: Eminent Domain - Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators

• Section 18-2-1 Right of property owner to erect dam
  A dam for any gristmill, sawmill, gin, factory or plant to generate electricity by water power to be operated for the public may be erected...
• Section 18-2-2 Application to probate court
  For authority to erect such dam, application in writing, verified by affidavit, must be made to the probate court of the county in which it...
• Section 18-2-3 Contents of application
  Such application must set forth the right of the applicant to make the same, the purpose for which the dam is to be erected, a...
• Section 18-2-4 Notice to owner of land on opposite side of stream abutting proposed dam site
  If application is filed by the owner of the land on one side of a stream only, notice must be given to the owner of...
• Section 18-2-5 Issuance of writ upon filing of application
  On the filing of such application, the judge of probate must issue to the sheriff a writ, setting forth the substantial averments contained in the...
• Section 18-2-6 Sheriff and jury to appear on date designated for inquest; charge to and duties of jury generally
  The sheriff and the jury must attend on the day appointed, and after the jury are sworn by the sheriff to discharge their duties fairly...
• Section 18-2-7 Jury to assess value, etc., of one acre of land on opposite side of stream abutting proposed dam site where applicant not owner of land on both sides
  If the applicant is not the owner of the land on both sides of the stream, the jury must also be charged to ascertain and...
• Section 18-2-8 Inquest of jury to be executed, signed and returned
  The inquest of the jury must be reduced to writing, signed by a majority of them and delivered to the sheriff, and by him returned...
• Section 18-2-9 Summons to landowners to appear and show cause against grant of application
  On the return of the inquest, summons must issue from the court of probate to the owner of the acre of land, if the same...
• Section 18-2-10 Notice of hearing to show cause against grant of application
  Ten days' notice must be given to the several owners of such land to show cause, if any they have, against such application, by personal...
• Section 18-2-11 Persons permitted to contest application
  In all applications under this chapter, any person making affidavit that he is interested against the same and giving security for the costs, if he...
• Section 18-2-12 Denial or grant of application
  If on the day appointed to show cause, or any other day to which the matter may be continued, it appears to the court from...
• Section 18-2-13 Time for payment of assessment upon grant of application; effect of failure to make payment
  If the application is granted, the applicant must, within three months thereafter, pay to the several owners or to the judge of probate for their...
• Section 18-2-14 Estate in fee in acre of land to vest upon compliance with certain conditions
  On making such payment, the applicant is vested with a qualified estate in fee to the acre of land located and circumscribed by the jury,...
• Section 18-2-15 Effect of noncompliance with conditions
  On failure to comply with the conditions prescribed in Section 18-2-14, the land reverts to its former owner or his heirs.
• Section 18-2-16 Proceedings when construction of canal or ditch through adjoining lands necessary
  When such land joins other lands and it is necessary for the erection of the mill, gin or factory to dig a ditch or canal...
• Section 18-2-17 Application to probate court to raise dam
  An owner or proprietor of any dam erected under this chapter may raise the same on application to the court of probate, and on such...
• Section 18-2-18 Liability for building or raising dam without authority
  Any person who builds or raises a dam or other obstruction across any watercourse, except as authorized by law, and thereby works any injury to...
• Section 18-2-19 Appeal from assessment of damages to circuit court
  From any assessment of damages made or had under this chapter, the landowner, if dissatisfied, is entitled to an appeal, as matter of right, to...
• Section 18-2-20 Deputy may perform duties of sheriff
  The duties imposed on the sheriff under this chapter may be performed by a deputy.
• Section 18-2-21 Provisions as to rate of toll, etc., applicable to gristmills established pursuant to chapter
  All gristmills established in pursuance of this chapter are subject to the provisions of this Code touching the order in which grain shall be ground...

Last modified: May 3, 2021