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9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application
by a coastal municipality, the Commissioner of the Department of Conservation and Natural
Resources, acting through the Lands Division of the department, shall issue a permit for the
construction and maintenance of a beach project by the coastal municipality under the authority
of Article 11 of Chapter 47 of Title 11, provided all of the requirements of this section
shall have been satisfied. (b) The application for a beach project shall contain, at a minimum,
all of the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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11-47-252
Section 11-47-252 Requirements for construction of beach project. A coastal municipality
may not begin construction of a beach project until each of the following requirements have
been satisfied: (1) The governing body of the coastal municipality, after a public hearing
held on not less than 30 days' public notice, has identified the following by adoption of
a survey, map, metes and bounds description, or plane coordinate references. a. The location
of the mean high tide line for the area in which the beach project is proposed to be located.
b. The location of the limits of the landward and seaward extensions of the proposed beach
project relative to both the mean high tide line and the construction control line, if any,
then established under the regulations of the Alabama Department of Environmental Management,
the ordinances of the coastal municipality, or both. (2) The Commissioner of the Department
of Conservation and Natural Resources, acting through the Lands Division of the...
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9-15-55
Section 9-15-55 Retention by state of title to certain filled lands; rights of access.
(a) The state shall retain title to any lands of the state lying seaward of the mean high
tide line that are filled in the course of a beach project undertaken by a coastal municipality
pursuant to Article 11 of Chapter 47 of Title 11 with the permit of the Commissioner of the
Department of Conservation and Natural Resources as provided in Section 9-15-56. (b)
The title to additional filled lands shall be retained by the state to the extent that the
proportions of any state-owned lands filled in the course of a permitted beach project undertaken
by a coastal municipality are subsequently increased seaward by accretion or any other natural
or artificial fill process. (c) Notwithstanding any rule of decision or principle of common
law recognized prior to May 23, 2000, the retention of title by the state pursuant to this
section shall be recognized regardless of the participation, consent, or objection...
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33-1-18
Section 33-1-18 Sales of submerged lands and made lands lying under or abutting tidal
waters. (a) The Director of the Alabama State Port Authority is vested with power and authority
to obtain and negotiate a sale of any submerged lands and made lands claimed or owned by the
state, which lands are under or were formerly under any of the tidal waters of the State of
Alabama, or which lands abut such tidal waters; provided, however, that if such lands abut
or adjoin in whole or in part any uplands then no such sale shall be made to any purchaser
other than the owner of such uplands, except a sale of so much of said land as may be used
and occupied by such purchaser without interfering with the riparian rights appurtenant to
such uplands, unless the owner of such uplands relinquishes such rights by appropriate instrument
made in connection with such sale; and except that such sales may be made to a public body
of the submerged or made land upon which docks or wharves have been constructed...
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11-47-250
Section 11-47-250 Definitions. When used in this article, the following words and terms
shall have the following meanings: (1) BEACH. A sandy shoreline area abutting to the Gulf
of Mexico, characterized by low relief, generally of gentle slope, and some vegetation, extending
into the abutting waters to a distance 1,000 feet seaward of the mean high tide line. (2)
BEACH PROJECT. The placement and maintenance of sand and associated sand stabilization structures,
vegetation, vegetation irrigation systems, and access structures on a coastal beach for the
purposes of maintaining or restoring the beach and providing storm protection for upland properties.
(3) COASTAL BEACH. Any beach that is located wholly or partially within the corporate limits
of a coastal municipality and that abuts the waters of the Gulf of Mexico. (4) COASTAL MUNICIPALITY.
A municipal corporation whose corporate limits include or abut the waters of the Gulf of Mexico.
(5) GOVERNING BODY. The body in which the general...
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18-1A-171
Section 18-1A-171 Reduction of compensation award because of incidental benefits from
taking. The amount of compensation to which the owners and other parties interested therein
are entitled must not be reduced or diminished because of any incidental benefits which may
accrue to them or to their remaining lands in consequence of the uses to which the lands to
be taken or in which the easement is to be acquired will be appropriated; provided, that in
the condemnation of lands for ways and rights-of-way for public highways, water or sewer lines,
the commissioners or jury may, in fixing the amount of compensation to be awarded the owner
for lands taken for this use, take into consideration the value of the enhancement to the
remaining lands of such owner that such highway, water or sewer lines may cause; and provided
further, that in proceedings instituted by water conservancy districts and water management
districts, benefits accruing to the landowner from an improvement may be...
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11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc.
(a) Whenever the proprietor or proprietors or any of them of any of the lands necessary for
any of the purposes provided in Section 11-47-171 or necessary for opening new streets
or widening old streets and the mayor or other chief executive officer cannot agree on a price
of said lands or cannot agree as to the amount to be paid for changing the grade of any street,
sidewalk, or public place and whenever the proprietor or proprietors thereof shall be an infant,
non compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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11-51-90.2
Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle
decals; determination of gross receipts; construction with other provisions. (a) Every taxpayer
required to purchase a business license under this chapter shall: (1) Purchase a business
license for each location at which it does business in the municipality, except as otherwise
provided by the municipality. (2) Except as provided in Section 11-51-193, with respect
to taxpayers subject to state licensing board oversight, be classified into one or more of
the following 2002 North American Industrial Classification System ("NAICS") sectors
and applicable sub-sectors, industry groups, industries, and U.S. industries thereunder: SECTOR
NAICS TITLE SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR
LICENSE CALCULATION 111 Crop Production Agriculture, farming, nursery, fruit, growers Gross
Receipts and/or Flat Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep,...
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9-14E-1
Section 9-14E-1 Definitions. The following terms as used in this section shall
have the following meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources.
(2) GOVERNOR. The Governor of the State of Alabama. (3) GROUND LEASE. A lease of the project
site which shall provide for the rights and responsibilities of the state and any other person
which is a party thereto. (4) GULF STATE PARK. The real property comprising approximately
6,150 acres, and any future additions thereto, including facilities and fixtures located thereon
and appurtenances thereto, owned and managed by the state and the department in south Baldwin
County, Alabama. (5) GULF STATE PARK PROJECT COMMITTEE. The committee established pursuant
to subsection (d) of Section 9-14E-5. (6) PARTY TO AN EXECUTED PROJECT AGREEMENT. The
state or any person who is a party to and is obligated to the state under a project agreement,
or any part thereof. (7) PERSON. Any private person or any public person. (8)...
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41-10-652
Section 41-10-652 Definitions. When used in this division, the following terms shall
have the following meanings unless the context clearly indicates otherwise: (1) ANCILLARY
COSTS shall mean the costs incurred in acquiring and constructing public improvements that
benefit all or any part of the project including, without limitation, (i) improvements to
streets, roads and bridges, (ii) improvements to water and sewer systems, gas and electric
systems, and other utilities providing services to any part of the project, (iii) improvements
to the police, fire, and emergency rescue services provided to the company by local governmental
entities, and (iv) improvements to transportation systems benefiting the company, such as
railroad spur and switching facilities. (2) AUTHORITY shall mean the Alabama 21st Century
Authority, which is provided for pursuant to Division 1. (3) BONDS shall mean the bonds that
are authorized herein to be issued by the authority. (4) COMPANY shall mean an...
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