Alabama Power land, easements and eminent domain: How the process works and what property owners should know

A right of way is generally a type of easement that gives Alabama Power specific rights to use a defined portion of property for electric facilities.

For a transmission line, those rights can include constructing, operating and maintaining the line and accessing the easement area for that work.

The easement does not transfer ownership of the land to Alabama Power. The property owner continues to own the property.

Alabama Power has a Rights of Way page explaining existing transmission easements, compatible uses and how to contact a specialist. 

A transmission easement does not give unrelated third parties a general right to enter the property. It gives Alabama Power and those working on its behalf the rights described in the easement to construct, operate and maintain its facilities and access the easement area for that work.

Alabama law separately addresses broadband systems within electric easements. Under a 2019 state law, electric providers may authorize broadband providers to install or operate broadband facilities within electric easements. A broadband provider does not have an independent right to use an Alabama Power easement; any such use must be authorized under the law and is subject to terms set by Alabama Power.

Yes, as long as the use does not interfere with Alabama Power’s easement rights. Agricultural and farm use, residential lawns, pasture fencing with access gates and hunting food plots are examples of uses that may continue within transmission rights of way. Other uses should be reviewed with an Alabama Power specialist before a property owner makes an investment to make sure they do not interfere with safe access, operation or maintenance of the electric facilities.

An Alabama Power engineer selects a feasible route based on engineering and environmental factors – not on who owns the property. The engineer is not provided property-owner information before the initial route is selected.

Yes. Property owners can raise concerns and ask Alabama Power to consider a different route across their own property. Proposed changes are reviewed through an established process, including potential effects on neighboring properties – a change cannot simply shift the impact onto another property. 

Alabama Power's goal is a voluntary agreement. If an agreement cannot be reached, the company may begin a court process – known as condemnation or eminent domain. The court determines whether condemnation is granted. If it is, a court-appointed panel of local residents assesses damages and awards compensation. Either party may appeal.

Property owners can raise concerns, request a different route, obtain their own appraisal, consult with an attorney and negotiate terms. Before a condemnation action begins, Alabama law requires an appraisal and a written offer to the property owner. Either party may appeal the outcome.

Each property and easement is different. Alabama Power offers and discusses fair compensation directly with affected property owners, and Alabama law requires an appraisal and a written offer before any condemnation action begins. If the matter goes to court, a court-appointed panel of local residents – not Alabama Power – assesses damages and awards compensation. 

Yes. Alabama law authorizes electric utilities to acquire easements and rights of way needed for transmission lines, distribution lines and certain other electric facilities through a court-supervised process. That process includes protections for property owners, including appraisal requirements, just compensation and the right to appeal.

Not necessarily. For transmission rights of way, the property interest being acquired is commonly an easement, not ownership of the underlying land. The property owner continues to own the property and can continue to use the property within the easement, subject to the rights described in the easement.

Transmission lines and other electric infrastructure cross multiple properties to connect communities and provide reliable service to Alabama Power customers. When a voluntary agreement with a property owner cannot be reached, the court process provides a way to resolve property rights while requiring just compensation.

Property owners with questions about an existing transmission easement, proposed use of a right of way or other right of way matters can contact an Alabama Power specialist through the company’s Rights of Way page.