Alabama Power Appealed Property Access Injunction

The utility requested a stay on a court order blocking access to land owned by Fenn Church for a project.

Updated on Oct. 5, 2026 in Utilities

Bold vector editorial illustration of a high-voltage electrical tower in a rural landscape, representing infrastructure development policy. — Alabama Power has appealed to the state Supreme Court to lift an injunction blocking land access for a 74-mile transmission project. AI Illustration. Upload story photo >

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Should private property rights take precedence over the expansion of regional utility infrastructure?

Alabama Power has filed an appeal with the Alabama Supreme Court seeking to lift a preliminary injunction that currently prevents the company from entering property owned by Fenn Church. The utility company previously initiated condemnation proceedings to secure easement rights for a new transmission line project.

Why it matters

The utility argues that access to the property is essential to relieve overloading on its current electric grid and to meet a mandatory service deadline for the infrastructure project. This legal standoff highlights the complex balance between eminent domain authority and private property rights in utility development.

The transmission line project represents a $248 million investment designed to connect Shelby County to Autauga County. The utility has paid a condemnation award into the probate court and posted a bond equal to double that amount.

The players

Alabama Power

This investor-owned electric utility provides power to a significant portion of Alabama residents and businesses.

Alabama Supreme Court

This is the highest state judicial body in Alabama and holds final authority over state legal appeals.

Fenn Church

Fenn Church is the property owner whose land is currently subject to the utility company's condemnation proceedings.

The details

Alabama Power filed an emergency motion to stay the preliminary injunction issued by the Shelby County circuit court. The project, which covers 74 miles, is intended to address grid capacity issues and maintain the utility's project delivery timeline.

October 5, 2026: The legal appeal was filed.

Market Landscape

This dispute reflects the ongoing friction between major utility infrastructure expansion and private land ownership interests. It underscores the competitive pressure utilities face to modernize grids while navigating state-level legal scrutiny regarding property easements.

Customers in the region may see grid reliability projects face delays if legal challenges successfully halt infrastructure work. The outcome of this case could determine how quickly the utility can address power grid overloading concerns.

The takeaway

Property owners facing eminent domain proceedings should consult with legal counsel to understand their rights regarding condemnation awards and bond requirements. Understanding the specific path of major infrastructure projects helps residents anticipate potential land access disputes in their communities.