(a) In addition to other allegations required or permitted by law, the complaint shall:

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Terms Used In Alabama Code 18-1A-72

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Designate as a plaintiff each person on whose behalf the property is sought to be taken;
(2) Name as defendants all persons who to the plaintiff’s knowledge are owners of or who have or claim any interest in the property sought to be taken; specify the nature of each defendant‘s interest. Defendants whose names are not known may be included under the designation “unknown claimants” provided reasonable diligence has been used to ascertain the same, and where the interest of the defendant is unknown the complaint may so state;
(3) Contain a legal description of the property and of the interest therein sought to be taken;
(4) Allege the basis of the plaintiff’s right to take the property by eminent domain and maintain the action, including (i) a reference to the plaintiff’s legal authority to take the property; and (ii) a statement of the purpose for which the property is sought to be taken; and
(5) List all items which the condemnor proposes to acquire and which it deems to be equipment or fixtures attached to or a part of the realty.
(b) If the property sought to be condemned or any portion thereof or interest therein has already been subjected to or devoted to a public use, such land or portion thereof or interest therein shall not be taken for another and different character of public use, unless an actual necessity for the specific land or portion thereof or interest therein shall be alleged and proven and unless it be alleged and proven that such other and different character of public use will not materially interfere with the public use to which such property is already subjected or devoted.
(c) Any corporation, person or association of persons owning a railroad or street railroad in this state and proposing to cross or intersect the line of another railroad or street railroad may acquire an easement for such purpose and to that end may pursue the mode of proceeding prescribed in this chapter.
(d) For purposes of information and notice, the complaint shall be accompanied by a map or diagram portraying the property sought to be taken and the remainder, if any.
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