White v. State
In White v. State, 294 Ala. 502, 504, 319 So. 2d 247, 247-48 (1975) the Court held that, because no statute authorized the defendant in a condemnation action to recover attorney fees and other litigation expenses, the common-law rule applied, i.e., that "'attorney's fees and expenses are not embraced within the just compensation for land taken by eminent domain.'" 294 Ala. at 504, 319 So. 2d at 247
The Court also noted that Alabama had not adopted the Uniform Eminent Domain Code, 1205 of which provided for the defendant in a condemnation action to recover litigation expenses under certain circumstances. 294 Ala. at 505-06, 319 So. 2d at 249. Although Alabama did adopt portions of the Uniform Eminent Domain Code in 1985, see Ala. Code 1975, 18-1A-1 et seq., it did not adopt 1205.