Alabama Power Seeks Order Barring Landowner From Work Zone
The utility asked a Shelby County judge to keep a property owner and supporters 300 feet from tree-clearing crews on a transmission line easement.
Updated on Nov. 10, 2026 in Utilities
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Alabama Power asked a Shelby County judge for a temporary restraining order to keep Fenn Church and his supporters 300 feet from crews clearing trees along a transmission corridor. Crews have cleared about 300 yards of a half-mile stretch across Church's property, which is part of a 74-mile line.
Why it matters
The dispute centers on an easement the utility obtained through eminent domain while Church's legal challenge continues. The outcome will determine whether construction proceeds on Church's land while the case is still pending.
Alabama Power has installed more than 80% of transmission poles along the 74-mile line, and the disputed Church parcel accounts for about 0.55 miles of the route. Judge Spann had not ruled on the restraining order at the time of the hearing, and the pending legal challenge could alter the timeline.
The players
Alabama Power
Alabama Power is the state's largest electric utility, serving roughly three million customers and building the 74-mile transmission line.
Fenn Church
Fenn Church is the Shelby County property owner whose land the transmission line crosses and who has offered alternative routes.
The details
Judge Jonathan Spann heard arguments Monday in a hearing that lasted less than an hour. Church says trees on his property were cut last week while he was away, and Alabama Power says it needs the restraining order to keep people out of the work zone for safety.
Timeline
Two years before the hearing: Alabama Power began communicating with Church about the easement.
Last week: Trees on Church's property were cut while he was away.
Monday, November 9, 2026: Judge Spann heard arguments on the restraining order.
Utility Infrastructure
The case reflects the recurring tension in Alabama between utilities' eminent domain easement rights and landowners who contest the terms of a taking. Because the Alabama Supreme Court has allowed Alabama Power to exercise its easement while Church's challenge proceeds, the case shows how interim construction rights can outpace final legal resolution.
Residents near the 74-mile route may see crews and restricted work zones as construction continues. Adopting an alternative route would add millions to the project cost and delay completion, which could affect the timing of service improvements for customers the utility serves.
The takeaway
Landowners facing utility easements should track both the final legal ruling and any interim orders, since construction rights can proceed while disputes are still pending.
What happens next
Judge Jonathan Spann indicated he would rule quickly on the temporary restraining order request.
Further reading
For more on the infrastructure behind these projects, see Utilities coverage in Alabama.
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