A long-running property dispute between the Alabama Department of Transportation and the company that owns the Foley Beach Express toll bridge has cleared an early legal hurdle, moving the case toward a panel that will determine how much the state must pay for land it wants to take in south Baldwin County.
The dispute centers on a narrow, two-foot-wide strip of right of way running alongside the Foley Beach Express from County Road 12 to an area near Cotton Creek. That strip is owned by the Baldwin County Bridge Company, a subsidiary of American Roads, which also owns and operates the toll bridge itself. ALDOT wants to condemn part of that strip so it can build flyover bridges just south of County Road 8, the first piece of a new state road that would eventually extend south to a planned bridge over the Intracoastal Waterway near the Gulf Shores Airport.
Baldwin County Probate Judge James Reid ruled that ALDOT can advance to the next phase of the condemnation proceeding, appointing a three-member panel of commissioners to assess damages and compensation owed to the property owners. Reid’s order was dated May 14 but was not released until May 21, and it names Sam Davis, Tim Barnhill and Tommy Harris as the commissioners tasked with reporting back on the amount due.
American Roads has pushed back hard on the state’s case. In a statement responding to the ruling, company CEO Neal Belitsky said the outcome was not a surprise given how probate courts typically handle early-stage condemnation requests, but he argued that testimony from ALDOT personnel during the proceeding undercuts the state’s justification for the taking.
“In our view, the admissions ALDOT personnel made in the probate proceeding show that the taking is unjustified and contrary to the public interest,” Belitsky said. He added that American Roads and the Baldwin County Bridge Company intend to keep fighting the condemnation, including pursuing a new trial in Alabama Circuit Court once both sides have had a full opportunity for discovery. The company has argued that the state’s move threatens due-process protections guaranteed under the U.S. Constitution.
The condemnation fight is the latest chapter in a years-long standoff between the state and the bridge’s private owner. ALDOT and American Roads held negotiations in 2015 over a possible deal that would have transferred the toll bridge to the city of Orange Beach, but talks collapsed after the company argued the arrangement would have effectively forced it to give up the span at little to no cost.
When that deal fell apart, the state shifted course and began planning its own new road and bridge roughly a mile and a half west of the Foley Beach Express crossing, giving drivers a free alternative to the toll bridge. ALDOT has since filed condemnation actions against several property owners along the route; some have already settled, while at least one other owner besides the bridge company is contesting the state’s compensation offer.
According to the bridge company, the state’s initial offer for access to its right of way came in at less than $10,000, an amount American Roads officials have called woefully inadequate given the value of the land and its role in the toll bridge’s operations. The company noted it is also currently in talks with a prospective buyer for the Foley Beach Express and several other toll roads it operates in Alabama, along with one in Michigan, adding another layer of financial stakes to the ongoing legal fight.
The broader bridge and road project has drawn scrutiny well beyond the courtroom. Area residents and advocacy groups have organized petitions and protests questioning whether the state has adequately demonstrated the need for an entirely new bridge and road corridor, and criticizing what they describe as a lack of comprehensive traffic and environmental studies. ALDOT has also had to resubmit its permit application to the U.S. Army Corps of Engineers after regulators determined the original submission failed to account for the planned bridge crossing of the Intracoastal Waterway.
With the probate court clearing the way for the commissioners’ review, the next steps in the case will focus on establishing a dollar value for the land ALDOT is seeking, a figure that could become a central issue if American Roads follows through on its stated plan to challenge the taking in circuit court.