35-8B-2
Section 35-8B-2 Establishment of district. The exclusive and uniform method for the establishment
of a community development district shall be by the filing of the articles of establishment
of a community development district with the judge of probate of the county in which the district
is to be located, or if located in more than one county, of the county wherein is located
the largest area of the community development district. (1) The articles of establishment
of a district defined in subsection (a) of Section 35-8B-1 shall contain the following: a.
The written consent to the establishment of the district by the owner or owners of at least
51 percent of the real property to be included in the district, or documentation demonstrating
that the petitioner has control by deed, trust agreement, contract, or option of at least
51 percent of the real property to be included in the district. b. A metes and bounds description
of the external boundaries of the district, with a specific metes...
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37-4-60
Section 37-4-60 Notice of intention to engage in business. Whenever any municipal corporation,
county improvement authority, power district, federal or other governmental agency, sometimes
called "agency" in this division, proposes to engage in the business of operating
an electric light plant or distribution system, or of furnishing electric service for industrial,
domestic or other consumption and at the time such agency proposes to engage in such business
there is then in existence within the territory in which it is proposed to furnish such electric
service a plant or distribution system, either or both, or any part or parts thereof, furnishing
the service so proposed to be furnished by such agency, then such agency, as a condition precedent
to the exercise of such authority, shall notify the owner of such plant or system by registered
or certified mail of its intention to engage in such business and of its willingness to acquire
on such terms and conditions as may be agreed upon...
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6-5-218
Section 6-5-218 Rule of prescription regarding damages arising out of improvements to real
property. (a) No action in tort, contract, or otherwise shall be commenced against any person
performing or furnishing the design, planning, supervision, or observation of construction
or the construction of an improvement to real property more than seven years after the substantial
completion of such improvement for the recovery of damages for: (1) Any deficiency in the
design, planning, supervision, or observation of construction or construction of such an improvement;
or (2) Injury to real or personal property caused by any such deficiency; or (3) Injury to
or wrongful death of a person caused by any such deficiency. (b) The prohibition provided
in this section shall apply to any action commenced against a person for his own act, or failure
to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained
in this section shall extend to every demand, whether...
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6-5-221
Section 6-5-221 Limitation on time for commencement of action. (a) All civil actions in tort,
contract, or otherwise against any architect or engineer performing or furnishing the design,
planning, specifications, testing, supervision, administration, or observation of any construction
of any improvement on or to real property, or against builders who constructed, or performed
or managed the construction of, an improvement on or to real property designed by and constructed
under the supervision, administration, or observation of an architect or engineer, or designed
by and constructed in accordance with the plans and specifications prepared by an architect
or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design,
planning, specifications, testing, supervision, administration, or observation of the construction
of any such improvement, or any defect or deficiency in the construction of any such improvement;
or (ii) Damage to real or personal property...
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6-5-346
Section 6-5-346 Defense of self, others, and property. (a) As used in this section, property
shall mean real property and buildings, structures, and improvements thereon. (b) Any person
who unlawfully enters or attempts to enter upon the property of another for the purposes of
engaging in criminal conduct, for purposes of civil liability only, assumes the risk for any
injury caused or resulting to him or her due to the commission or effort to commit criminal
conduct; provided the property owner acts as a reasonably prudent person would act under same
or similar circumstances. The owner and his or her agents shall be immune from any civil liability
due to the reasonable and proportionate acts of the owner or his or her agents in resisting
the commission of the criminal conduct; provided that the person acts as a prudent person
would act under same or similar circumstances. (c) The provisions of this section do not apply
to the creation of a hidden hazardous or hidden dangerous condition...
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18-1A-29
Section 18-1A-29 Compensation for tenant-owned improvements. (a) If a building, structure,
or other improvement to be acquired by a condemnor under Section 18-1A-28 is owned by a tenant:
(1) It shall be deemed for the purpose of determining compensation to be a part of the real
property to be acquired notwithstanding the right or obligation of the tenant, as against
the owner of any other interest in the real property, to remove it at the expiration of his
term; and (2) The compensation awarded shall include an amount sufficient to pay the tenant
the larger of (i) the enhancement to the fair market value of the real property contributed
by the improvement, or (ii) the fair market value of the improvement assuming its removal
from the real property. (b) Payment under this section shall not duplicate any payment authorized
by law, and may be made only if the owner of the real property disclaims any interest in the
improvement. In consideration for the payment, the tenant shall assign,...
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7-9A-334
Section 7-9A-334 Priority of security interests in fixtures and crops. (a) Security interest
in fixtures under this article. A security interest under this article may be created in goods
that are fixtures or may continue in goods that become fixtures. A security interest does
not exist under this article in ordinary building materials incorporated into an improvement
on land. (b) Security interest in fixtures under real-property law. This article does not
prevent creation of an encumbrance upon fixtures under real property law. (c) General rule:
Subordination of security interest in fixtures. In cases not governed by subsections (d) through
(h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer
or owner of the related real property other than the debtor. (d) Fixtures purchase-money priority.
Except as otherwise provided in subsection (h), a perfected security interest in fixtures
has priority over a conflicting interest of an encumbrancer or...
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11-40-64
Section 11-40-64 Nature of rights and remedies. (a) Any Class 2 municipality to which this
article applies may proceed with judicial in rem foreclosures of municipal code liens in accordance
with the provisions of this article by enactment of an ordinance or resolution of the governing
authority of the Class 2 municipality in which the real property is located which ordinance
or resolution shall be sufficient authority for use of this article by the Class 2 municipality
to enforce its municipal code liens. (b) The ordinance of a Class 2 municipality authorizing
and approving the use of this article shall include all the following matters: (1) The initial
effective date for application of these procedures. (2) If the Class 2 municipality elects
not to apply these procedures to all real properties as of the same future date, then the
phase-in of these procedures over a period of time and the manner of determination of which
real properties are subject in which sequence to these...
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11-48-26
Section 11-48-26 Filing of written objections, etc., to assessments by property owners. The
owner or owners of any real estate or any interest therein which it is proposed to assess
for the cost or any part thereof of said improvement may appear at any time on or before the
date named in said notice or at said meeting and file in writing with the clerk or in his
office any objections or defense to the proposed assessment against said property or to the
amount thereof, and persons who do not file objections or protests in writing against such
assessment shall be held to have consented to the same. (Code 1907, §1381; Code 1923, §2196;
Acts 1927, No. 639, p. 753; Code 1940, T. 37, §535.)...
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18-4-18
Section 18-4-18 Interest in improvements on acquired real property. (a) To the greatest extent
practicable, where an interest in real property is acquired, an equal interest in all buildings,
structures, or other improvements located upon the real property so acquired and which is
required to be removed from the real property which is determined to be adversely affected
by the use to which the real property will be put shall be acquired. (b) For the purpose of
determining the just compensation to be paid for any building, structure, or other improvement
required to be acquired as above set forth, the building, structure, or other improvement
shall be deemed to be a part of real property to be acquired notwithstanding the right or
obligation of a tenant, as against the owner of any other interest in the real property, to
remove the building, structure, or improvement at the expiration of his or her term, and the
fair market value which the building, structure, or improvement contributes...
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