Words from the Rising Republics

April 29, 2021

 

     Courts in Alabama differ from the normal rule, as they have asserted that the court of equity should award damages even though no other type of relief is sought. An Alabama court stated: (12% interest per anum)

      If the county through its duly constituted authorities without the consent of the landowner whose title and possession is not disputed takes or undertakes to appropriate private property for public use, a court of equity will intervene and require just compensation to be made. Id. at 137-38, 43 So. 2d at 116.

      The city had the discretion to acquire an airport or not to acquire it, to take this or that land or not to take it. It did not have the discretion to take land without paying for it. After the taking the duty to condemn became ministerial.63 Brown v. Murphy, supra note 62, at 321, 47 A.2d at 597.

      Haywood Jackson Mizell for years has sought intervention by a Court of Equity so that just compensation would be made. The City of Ozark exercised the discretion to take the Holman House, but has refused to pay just compensation for its occupancy or for the purchase of the legal title.

   What belongs to us cannot be transferred to another without our consent. Dig. 50, 17, 11. But this must be understood with this qualification, that the government may take property for public use, paying the owner its value. The title to property may also be acquired, with the consent of the owner, by a judgment of a competent tribunal. Maxim of law.

     Haywood Jackson Mizell sought factual judgment determination of the Superior Title holder, done so by his filing of a Quiet Title Action in the Dale County Circuit Court, Kimberly A. Clark, Dale County Circuit Presiding Judge, in case 26-CV-2019-000008.00, where legal title was all that was in issue in the action, and such title, when ascertained, whether in the plaintiff or in the defendant, draws to it a REQUIRED JUDGEMENT OF THE COURT.

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