Alabama and Eminent Domain

The Alabama Constitution (Section 23) says:

That the exercise of the right of eminent domain shall never be abridged nor so construed as to prevent the legislature from taking the property and franchises of incorporated companies, and subjecting them to public use in the same manner in which the property and franchises of individuals are taken and subjected; but private property shall not be taken for, or applied to public use, unless just compensation be first made therefore; nor shall private property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owner; provided, however, the legislature may by law secure to persons or corporations the right of way over the lands of other persons or corporations, and by general laws provide for and regulate the exercise by persons and corporations of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner; and, provided, that the right of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any other kind of corporations, other than municipal, or for the benefit of any individual or association.

"...nor shall private property be taken for private use...without the consent of the owner." However, this provision has been amended numerous times to give municipalities the right to take land for industrial parks. So, it's not clear to me what, if anything, the Keno decision will mean for Alabama.

The legislature considered a bill limiting eminent domain authority this session, but it stalled in the Senate. The bill would have prohibited municipalities from condemning property for commercial retail development.