Alabama Attorney General Opinion 1979-0149

• OFFICE OF THE ATTORNEY GENERAL qcit 41;11 LEE L. HALE !DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER 11.1411jV ASSISTANT ATTORNEY GENERAL JANIC NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA APR L919 ADMINISTRATIVE BUILDING 101 NORTH UNION STREET MONTGOMERY 36190 AREA (205h 8)4-5150 79- Do N.? Honorable Bobby Day Judge of Probate Morgan County P. 0. Box 848 Decatur, Alabama 35602 Probate Judge - Eminent Domain/Con- demnation - Municipalities - Decatur Municipalities may exercise power of eminent domain for housing project but cannot delegate such authority. Dear Judge Day: The question presented in your letter of February 22,. 1979, relating to condemnation proceedings, has been considered. It is assumed that the purpose of the condemnation is in fur- therance of construction of a housing project in the City of Decatur, Alabama and you have asked whether or not a consul- tant hired for the purpose of managing and supervising the complete project may bring condemnation suits in his name or in the name of the City of Decatur. The provisions of Code of Alabama 1975,§§24-1-67 and 24-1-68 for county projects,and §24-1-29 for municipal projects, provide ample authority for the housing authority to condemn Honorable Bobby Day Judge of Probate, Morgan County Page Two. lands. The provisons of Code of Alabama 1975, §18-1-1 relate to condemnation of lands for public use and prescribe the mode of procedure in such cases where the right to condemna- tion is authorized by other statutes and the probate judge has jurisdiction to hear such matters. It is the opinion of this office that such condemnation pro- ceedings should be brougit in the name of the authority seeking the benefit of same (The Housing Authority) or the City of Decatur. The consultant has no standing in this matter of eminent domain as he is not a party to the proceedings, nor has he any standing before the bar to represent the housing authority as its attorney. It is respeCtfully suggested that the City Attorney bring the litigation in the name of the Housing Authority. In the event you require further advice in the matter, please do not hesitate to contact this office. Sincerely, CHARLES A. GRADDICK Attorney General by Rand ph Lurie Assistant Attorney General