Under the Alabama Constitution, the State of
Alabama is, in most circumstances, immune from
lawsuits seeking monetary damages; consequently, the
Board of Adjustment represents the only remedy for
individuals or businesses seeking payment for damage
done by the State of Alabama. The Alabama Legislature established the Board of Adjustment (“the Board”) “to provide a method of payment by the State of Alabama or any of its agencies, commissions, boards, institutions or departments to persons for injuries to person or property or for death occasioned by the State of Alabama or any of its agencies, commissions, boards, institutions or departments where in law, justice or good morals the same should be paid.”
(See Code of Alabama §§ 41-9-60 through 41-9-74)
In addition, the Board of Adjustment is designated as the “awarding authority” for:
- Benefits payable to the families of peace officers and firefighters who are killed in the line of duty.
(See Code of Alabama §§ 36-30-1 through 36-30-7 and §§ 36-30-20 through 36-30-23)
- Benefits payable to the families of firefighters who die or are disabled due to an occupational disease.
(See Code of Alabama § 11-43-144)
- Benefits payable to the families of members of the Alabama National Guard who are killed while “quelling a riot, rout or civil disturbance.”
(See Code of Alabama §§ 31-3-1 through 31-3-7)
More specific information about the Board of Adjustment is available by clicking other tabs located on the Home Page, including the statutes referenced above and the Board’s rules and forms. We trust this information will be helpful and will answer any questions you may have about the Board and its operation.