Under Alabama law, a landowner who owns property that has no access to a road or highway may acquire a right of way over a neighbor's property by eminent domain. Pursuant to Alabama Code § 18-3-1, the plaintiffs filed suit in Escambia County Probate Court to acquire a right of way across the defendant-neighbor's property. In response, the defendant maintained that the plaintiffs were not entitled to the right of way. After a hearing on March 5, 2010, the probate court issued an order granting the right of way. The probate court also signed an order appointing three commissioners to determine the amount of compensation due the defendant. On March 16, 2010, the commissioners reported to the court that the right of way was worth $3,000. On March 23, the probate court issued another order granting the right of way.
On March 23, 2010, the defendant appealed the probate court's decision to the Escambia County Circuit Court. She filed the appeal in circuit court. However, as of that date, the probate court had not issued an order condemning the property pursuant to Alabama Code § 18-1A-282. Moreover, § 18-1A-283 says the notice of appeal must be filed in probate court.
On March 26, 2010, the plaintiffs paid $4,350 into the probate court ($3,000 for the right of way and $1,350 to pay the commissioners), and the probate court issued its final order of condemnation. The On March 30, 2010, the defendant filed an amended notice of appeal in the circuit court. On May 3, 2010, the plaintiffs moved that the circuit court dismiss the appeal because it lacked jurisdiction. On May 4, the defendant moved that the probate court set aside its final order of condemnation and filed a notice of appeal in the probate court. On May 6, the plaintiffs filed an amended motion to dismiss that asserted that the circuit court did not have jurisdiction because the defendant had not perfected her appeal as provided by § 18-1A-283 in that she did not file her notice of appeal with the probate court and that she did not file her notice of appeal in time. On May 6, the probate court ruled that it no longer had jurisdiction over the case. The circuit court granted the plaintiffs' motion to dismiss because the appeal had not been filed within the 30-day limitation as required by § 18-1A-283.
Upon appeal, the Alabama Court of Civil Appeals agreed with both lower courts and affirmed their decisions. See Worrell v. Shell, decided on February 18, 2011.
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