The bill amends Section 23-1-45 of the Code of Alabama 1975 to allow adjacent landowners to petition governing bodies for the return of abandoned road property that was originally acquired for road construction. The new legal language specifies that if a road constructed on a right-of-way is abandoned and no longer serves its original purpose due to unforeseen conditions, the property owner can request the governing body to deed the property back to them. The petition will be granted unless the governing body can demonstrate a future use for the property that aligns with its original purpose.
Key insertions in the bill include provisions that define the conditions under which a landowner can petition for the return of the property, such as the requirement that the governing body had acquired the right-of-way from the adjacent property owner and that the road has been rendered unusable. Additionally, the bill modifies the authority of the Director of Transportation regarding the acquisition of rights-of-way, allowing for more flexibility in the process. The act is set to take effect on October 1, 2025.
Statutes affected: Introduced: 23-1-45
Engrossed: 23-1-45