City of Huntsville v. Brown

ROBERTSON, Presiding Judge.

The sole question before this court is whether a city or municipality has the right, pursuant to §§ 11-47-170 and 11-47-171, Code 1975, to exercise the power of eminent domain to condemn lands outside its corporate limits.

The City of Huntsville (City) designed a master street plan in order to meet the increasing transportation needs of its citizens. Part of this plan involved constructing an extension to Rideout Road outside the corporate jurisdiction. The planned extension continues Rideout Road past University Drive to create a loop around the north end of the…