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SB 42

AN ACT FOR THE OFFICE OF THE LIEUTENANT GOVERNOR APPROPRIATION FOR THE 2025-2026 FISCAL YEAR.

2025 Regular Session

Senate Bill 42 allows landowners next to abandoned state roads to reclaim their land, boosting property rights while ensuring local access and future planning needs are met.

Notification that SB42 is now Act 379
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Bill Summary · SB 42

Summary of Senate Bill 42 (SB 42)

Purpose and Intent

Senate Bill 42, enacted on May 21, 2025, aims to allow landowners adjacent to abandoned state roads to petition their local governing bodies for the return of the property on which these roads were constructed. The bill addresses situations where roads are no longer in use for their original purpose due to unforeseen circumstances, effectively enabling landowners to reclaim their land.

Key Provisions

  • Petition Process: Landowners whose properties are adjacent to abandoned roads can petition the governing county or municipal body to deed the abandoned road property back to them.

  • Eligibility Criteria: The petition can be granted if:

    1. The governing body acquired the right-of-way from the private owner of the adjacent property.
    2. The original or current owner owns both sides of the road.
    3. The road has been abandoned and is no longer serving its original purpose due to unforeseen conditions rendering it unusable.
    4. The property owner can reclaim up to the midline of the right-of-way.

  • Conditions for Denial: The petition shall be denied if:

    1. Granting the petition would prevent access to the property for adjacent landowners.
    2. The road provides access to existing or planned greenway trails recognized by state or local authorities.
    3. The governing body can articulate a future use for the property consistent with its original purpose.

Impact

  • Landowners: The bill primarily benefits landowners adjacent to abandoned roads, allowing them to reclaim land that may have been rendered unusable.
  • Governmental Bodies: The Department of Transportation and local governing bodies will face increased administrative responsibilities to process these petitions.
  • Fiscal Implications: The bill could lead to a small, undetermined increase in ad valorem tax receipts for the Public School Fund, State General Fund, Veterans' Assistance Fund, and the Alabama Historical Commission, depending on the value of properties returned to landowners.

Procedural Aspects

  • Effective Date: The act will become effective on June 1, 2025.
  • Legislative Journey: SB 42 was introduced on February 4, 2025, passed through various committees, and underwent multiple amendments before being enacted.

This legislation represents a significant shift in property rights concerning abandoned state roads, providing a pathway for landowners to regain control over their land while balancing the needs of local governments and community infrastructure.

Compiled from official sources — confirm details with the bill’s official record.

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