Alabama Code 18-1B-3. Condemnation of property encumbered by mortgage or deed of trust
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Alabama Code 18-1B-3
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- property: includes both real and personal property. See Alabama Code 1-1-1
- 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
Nothing in Act 2015-39 shall be construed to limit the power of a governmental entity to condemn through powers of eminent domain property that may be encumbered by a mortgage or deed of trust if there is a public use for the property as authorized under Alabama’s constitution and the laws of this state; provided, however, that under no circumstances shall condemnation of a mortgage or deed of trust exclusively be deemed a public use.