State v. Abbott

ON APPLICATION FOR REHEARING

The original opinion filed in this cause June 21, 1985, is hereby withdrawn, and the following opinion is substituted in lieu thereof:

This case presents the question of whether the State, by failing to record a condemnation order dated December 21, 1939, can be divested of its title to a highway right-of-way under § 6887, Code of 1923 (now, Code 1975, § 35-4-90). We think that it can. Accordingly, the judgment of the trial court is affirmed.

Briefly stated, the facts of this case are as follows:

In 1932, the State of Alabama acquired a 66-foot right-of-way along what…