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11-85-24
Section 11-85-24 Article not to impair right of eminent domain or rights under franchises,
leases, etc., of utilities. Nothing contained in this article shall be construed to impair
the right of eminent domain conferred on utilities, both public or private, or their right
to exercise authority conferred by statutes, franchises, certificates of convenience and necessity,
licenses, or easements. (Acts 1963, No. 584, p. 1278, §5.)...
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45-44-260.05
Section 45-44-260.05 Powers and duties of planning commission. It shall be the function and
duty of the planning commission to make and maintain in an up-to-date manner a master plan
of various areas of the county as deemed necessary by the planning commission and to adopt
with the approval of the county commission appropriate zoning regulations for the physical
development of Macon County; provided, however, that the adoption of a master plan shall not
be deemed a prerequisite to the administration and enforcement of the zoning regulations.
The plan and regulations with the accompanying maps, plats, charts, and descriptive material
shall show the planning commission's recommendations for the use and development of the territory
of the county. The zoning regulations shall also include a zoning plan for selected areas
for the control of the height, area, bulk, location, and use of buildings and land. As the
whole master plan and preparation of zoning regulations progresses, the planning...
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45-29-90.11
Section 45-29-90.11 Regulation of zoning, planning, and construction. For the purpose of promoting
the health, safety, morals, convenience, environment order, prosperity, and general welfare,
all power and authority regarding zoning and planning within the management area is hereby
vested in the board of directors of the authority. As described herein, no regulated activity
shall commence without the applicant having first obtained a land use certificate as issued
by the authority. (1) The board is authorized to regulate the planning, zoning, and construction
within the management area of all activity involving public streets, public roads, subdivisions,
drainage structures in subdivisions, mobile home parks, residential and commercial developments,
apartments, recreation parks, coal mining, gas/oil and methane exploration and development,
excavation, and logging. The board is hereby authorized to adopt and enforce such ordinances
as shall be necessary to implement any development...
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11-24-4
Section 11-24-4 Chapter not to impair utilities right of eminent domain, etc. This chapter
shall not be construed to impair the right of eminent domain granted heretofore or hereafter
by the laws of this state to utilities, whether public or private, or their right to exercise
authority conferred by statutes, franchises, certificates of convenience and necessity, licenses,
or easements. (Acts 1979, No. 79-553, p. 1002, §4.)...
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11-19-24
Section 11-19-24 Construction of chapter not to impair right of eminent domain, etc., granted
to utilities. This chapter shall not be construed to impair the right of eminent domain granted
heretofore or hereafter by the laws of this state to utilities, whether public or private,
or their right to design, locate, erect, construct, reconstruct, alter, or maintain utility
poles, towers, lines, conduits, pipes, or mains reasonably required in the public service
or their right to exercise authority conferred by statute, franchise, certificate of convenience
and necessity, license, or easement. (Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §24.)...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful bylaws,
rules, and regulations for the transaction of its business and the control of its property
and affairs; (4) To have the same right of eminent domain through condemnation conferred by
Section 10-5-1, or any subsequent statute of similar import; provided...
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37-4-113
Section 37-4-113 Construction and maintenance of antennas and towers; right of eminent domain.
Any radio utility operating a radio system under authority of a certificate of public convenience
and necessity issued by the Alabama Public Service Commission shall, where necessary and upon
making due compensation, have the right to construct, maintain and operate antennas and towers,
for the purpose of broadcasting and receiving radio signals, upon any private lands or property,
and to that end, may have and exercise the right of eminent domain; provided, that the antenna
equipment be so erected, placed and maintained as not to obstruct or interfere with the ordinary
use of such land or property, or with the convenience of any land or property owners, more
than may be avoidable; provided further, that where it is necessary for such radio utilities
to exercise the right of eminent domain, they shall proceed to exercise the same in the same
manner as provided by law for the exercise of such...
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33-7-31
Section 33-7-31 Eminent domain; improvement of navigation. Any such person, firm or corporation
may exercise the power of eminent domain, for the purpose of acquiring such lands as it may
be necessary or convenient to flood or otherwise utilize in order to improve navigation as
provided in this article, such lands to include as well as all the area submerged a strip
of land 50 feet in width bordering upon the margins of the slack water pool or pools as the
same may be defined at the highest stage of the river at any time after the completion of
the improvements herein provided for; and the right hereby conferred to exercise such power
of eminent domain is cumulative. No person, firm or corporation shall acquire the rights granted
by this article, unless the dam or system of dams, and lock or system of locks, to be constructed
by such person, firm or corporation are so planned as, when constructed, will by the operation
thereof improve the navigation of the river in which the dam or...
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