The bill amends Section 23-1-45 of the Code of Alabama 1975 to allow adjacent property owners to petition local governing bodies for the return of abandoned roads that were originally constructed on their property. The new legal language specifies that if a public road is abandoned and no longer serves its original purpose due to unforeseen conditions, the property owner can request the governing body to deed the land back to them, provided certain conditions are met. These conditions include the governing body having acquired the right-of-way from the adjacent property owner, the original or current owner owning both sides of the road, and the ability to close to the midline of the right-of-way.
Additionally, the bill outlines circumstances under which the petition may be denied, such as if reverting ownership would eliminate road access for adjacent property owners or if the road is part of a planned greenway trail. The bill also clarifies that it does not apply to the State of Alabama or the State Department of Transportation. The act is set to take effect on June 1, 2025. Key deletions from the current law include the removal of language regarding the Director of Transportation's authority to acquire rights-of-way, while new insertions provide detailed procedures for property owners to reclaim abandoned roadways.
Statutes affected: Introduced: 23-1-45
Engrossed: 23-1-45
Enrolled: 23-1-45