Does An LLC Have Eminent Domain Power?
“Some homeowners living around this construction work don’t like it. Many settled out of fear of losing out to a condemnation lawsuit after a back and forth negotiation with the company. It ends with some so afraid of violating a non-disclosure agreement they don’t want to show their faces. This man is one of them.
“Either you accept this final offer or we’re going to institute this eminent domain so I felt like I didn’t have any choice at that point,” said the man who didn’t want to be identified. So what is the law? Alabama grants eminent domain powers to some companies if their projects meet specific criteria. Warren Herlong is an attorney who represented seven homeowners against the pipeline company. He argues Southcap doesn’t have eminent domain authority because it’s technically not the right kind of corporation.”
Petri, Chad. WKRG 6 August 2013.