Condemnation of Property Encumbered by Mortgage or Deed of Trust.

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Section 18-1B-3

Condemnation of property encumbered by mortgage or deed of trust.

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.

(Act 2015-39, §2.)


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