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11-92C-15
Section 11-92C-15 Failure to pay past due assessments. If any user, lessee, or owner of the
project fails to pay when due, with time being of the essence, any assessments or fees due
under this chapter, including, but without limitation, any payments in lieu of taxes, collectively
"past due assessment," then the authorizing subdivision or authority, or their designated
agents, collectively the "fee collector," may commence proceedings to foreclose
on the land and improvements of the user, lessee, or owner of the project having land within
the State of Alabama, subject to the terms of any executed agreement between the fee collector
and the user, lessee, or owner of the project, as follows: (1) A fee collector shall send
a letter by means of United States certified mail, return receipt requested, to the last known
address of the user, owner, or lessee of the project. The address of the user, owner, or lessee
as shown in the tax assessment records of the tax assessor or revenue...
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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director;
development and implementation of cleanup plan; public comment period; orders; notice and
hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil
action; penalties. (a) The director shall identify inactive or abandoned hazardous substance
sites, as defined herein, within the State of Alabama. Once identified the director shall
refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. ยง9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so identified
by the director, not appearing on the NPL, the director shall attempt to identify all...
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4-3-11
may be in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued
in its own name in civil suits and actions, excepting actions in tort against the authority;
(3) To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt
and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire,
receive, take and hold, whether by purchase, gift, lease, devise or otherwise, property of
every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property, and to develop any undeveloped property owned, leased or controlled
by it; (6) To execute such contracts and other instruments and to take such other action as
may be necessary or convenient to carry out the purposes of this chapter or the exercise of
any power granted hereunder; (7) To plan, establish, develop, acquire, construct,...
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40-14A-24
amount invested by the taxpayer in all devices, facilities, or structures, and all identifiable
components or materials for use therein, that are located in Alabama and are acquired or constructed
primarily for the control, reduction, or elimination of air, ground, or water pollution or
radiological hazards where such pollution or radiological hazards result from or would be
caused by the taxpayer's activities in Alabama. (3) The net amount invested by the taxpayer
in all real and tangible personal property, equipment, facilities, structures, and
components including, but not limited to, all aircraft replacement parts, components, systems,
supplies, and sundries affixed or used on an aircraft, and ground support equipment and vehicles
used by or for the aircraft, when used by certified or licensed air carrier with a hub operation
within this state, for use in conducting intrastate, interstate, or foreign commerce for transporting
people or property by air. For the purpose of this...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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11-99-6
Section 11-99-6 Allocation of positive tax increments; payment to local finance officer; tax
increment fund. (a) Positive tax increments of a tax increment district shall be allocated
and paid over to the public entity which created the district for each year commencing on
the October 1 following the date when the district is created until the earlier of: (1) That
time, after the completion of all public improvements specified in the project plan or amendments
thereto, when the public entity has received aggregate tax increments from the district in
an amount equal to the aggregate of all expenditures previously made or monetary obligations
previously incurred for project costs for the district; or (2) Thirty-five years after the
last expenditure identified in the project plan is made. No expenditure may be provided for
in the project plan to be made more than five years after the district is created, except
in Class 3 municipalities where such expenditures may be made not more than 10...
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41-14A-2
Section 41-14A-2 Definitions. As used in this chapter, the following words and terms shall
have the following meanings: (1) AVERAGE MONTHLY BALANCE OF PUBLIC DEPOSITS. The sum of the
average daily balances of public deposits, meaning the net average daily balances of public
deposits determined without any deduction for deposit insurance, for the reported month and
the 11 months preceding that month, divided by 12. (2) BOARD OF DIRECTORS or BOARD. The Board
of Directors of the SAFE Program established under Section 41-14A-6. The board of directors
shall consist of eight members. (3) COLLATERAL-PLEDGING LEVEL or COLLATERAL-PLEDGING REQUIREMENT.
The percentage or percentages of collateral, in relation to one or more levels of public deposits
held, required to be pledged by a qualified public depository as determined in accordance
with the provisions of this chapter or rules or orders of the board adopted pursuant to this
chapter. (4) COVERED PUBLIC ENTITY. The state and its political...
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9-10A-14
Section 9-10A-14 Powers of board. The board of directors of a watershed management authority
shall have power to: (1) Acquire, by purchase, gift, grant, bequest or devise, or through
condemnation proceedings held in the manner provided by Chapter 1A of Title 18, such lands
or rights-of-way as are necessary for the exercise of any authorized function of the authority.
Prior to commencing condemnation proceedings upon land or rights-of-way in the manner provided
by Chapter 1A of Title 18, the board of directors of a watershed management authority shall
conduct a public hearing regarding the commencement of said condemnation proceedings. The
board of directors, prior to the public hearing shall publish notice of the public hearing
at least twice, with an interval of at least seven days between the two publication dates,
in a newspaper or other publication of general circulation within the county or counties where
the land or right-of-way is situated. If no such publication of general...
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11-20-3
Section 11-20-3 Powers of counties as to acquisition, leasing, etc., of projects generally.
(a) In addition to any other powers which it may now have, each county shall have the following
powers: (1) To acquire, whether by construction, purchase, gift or lease, one or more projects
which shall be located within this state; (2) To lease to others (in the case of counties
having populations according to the most recent federal decennial census of not less than
54,500 nor more than 56,000, the word others shall include the federal government, any of
its departments and agencies) any or all of its projects for such rentals and upon such terms
and conditions as the governing body may deem advisable and as shall not conflict with the
provisions of this article; and (3) To issue revenue bonds for the purpose of defraying the
cost of acquiring, by construction and purchase, or either, any project and to secure the
payment of such bonds, all as provided in this article. (b) No county shall have...
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18-1B-2
Section 18-1B-2 Limitations on condemnation. (a) Neither the State of Alabama, nor any of its
departments, divisions, agencies, commissions, corporations, boards, authorities, or other
entities, nor any agency, corporation, district, board, or other entity organized by or under
the control of any municipality or county in the state and vested by law to any extent whatsoever
with the power of eminent domain may condemn property for the purpose of nongovernmental retail,
office, commercial, residential, or industrial development or use or to primarily condemn
a mortgage or deed of trust; provided, however, the foregoing provisions of this subsection
shall not apply to the exercise of the powers of eminent domain by any county, municipality,
housing authority, or other public entity based upon a finding of blight in an area covered
by any redevelopment plan or urban renewal plan pursuant to Chapters 2 and 3 of Title 24,
provided the purpose of the exercise of the powers of eminent domain...
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