7-2A-309
Section 7-2A-309 Lessor's and lessee's rights when goods become fixtures. (1) In this section:
(a) goods are "fixtures" when they become so related to particular real estate that
an interest in them arises under real estate law; (b) a "fixture filing" is the
filing, in the office where a record of a mortgage on the real estate would be filed or recorded,
of a financing statement covering goods that are or are to become fixtures and conforming
to the requirements of Section 7-9A-502(a) and (b); (c) a lease is a "purchase money
lease" unless the lessee has possession or use of the goods or the right to possession
or use of the goods before the lease agreement is enforceable; (d) a mortgage is a "construction
mortgage" to the extent it secures an obligation incurred for the construction of an
improvement on land including the acquisition cost of the land, if the recorded writing so
indicates; and (e) "encumbrance" includes real estate mortgages and other liens
on real estate and all other...
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7-2A-209
Section 7-2A-209 Lessee under finance lease as beneficiary of supply contract. (1) The benefit
of a supplier's promises to the lessor under the supply contract and of all warranties, whether
express or implied, including those of any third party provided in connection with or as part
of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest
under a finance lease related to the supply contract, but is subject to the terms of the warranty
and of the supply contract and all defenses or claims arising therefrom. (2) The extension
of the benefit of a supplier's promises and of warranties to the lessee (Section 7-2A-209(1))
does not: (i) modify the rights and obligations of the parties to the supply contract, whether
arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract
on the lessee. (3) Any modification or rescission of the supply contract by the supplier and
the lessor is effective between the supplier and the...
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7-2A-501
Section 7-2A-501 Default: Procedure. (1) Whether the lessor or the lessee is in default under
a lease contract is determined by the lease agreement and this article. (2) If the lessor
or the lessee is in default under the lease contract, the party seeking enforcement has rights
and remedies as provided in this article and, except as limited by this article, as provided
in the lease agreement. (3) If the lessor or the lessee is in default under the lease contract,
the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce
the lease contract by self-help or any available judicial procedure or nonjudicial procedure,
including administrative proceeding, arbitration, or the like, in accordance with this article.
(4) Except as otherwise provided in Section 7-1-305(a), or this article or the lease agreement,
the rights and remedies referred to in subsections (2) and (3) are cumulative. (5) If the
lease agreement covers both real property and goods, the party...
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35-4-51.1
Section 35-4-51.1 Recordation of memorandum of lease; contents; effect. (a) A memorandum of
a lease may be recorded in lieu of the lease itself if the memorandum is executed and acknowledged
by the lessor and the lessee and contains: (1) The names of the lessor and lessee; (2) The
term of the lease; (3) Any option of the lessee to renew or extend the term of the lease;
and (4) The specific legal description of the leased premises, or a survey or plot plan authorized
under subsection (c) showing the location of the leased premises. (b) A memorandum recorded
under this section may also contain any other agreement made between the lessor and the lessee
in the lease. (c) A survey or plot plan may be used in lieu of a specific legal description
to describe: (1) Any part of a building on the leased premises, if the specific legal description
of the real property on which the building is located is set forth in the memorandum, survey,
or plot plan; (2) Any part of the leased premises that is...
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35-1-4
Section 35-1-4 Right of access to cemetery on privately owned or leased property. (a) Owners
and lessees of private land on which a cemetery, graves, or burial sites are located shall
have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family
members, friends, or descendants of deceased persons buried there; (2) any cemetery plot owner;
and (3) any person engaged in genealogical, historical, or cultural research, who has given
reasonable notice to the owner of record or to the lessees, or both. (b)(1) The right of ingress
and egress granted by this section shall be reasonable and limited to the purposes of visiting
graves or burial sites, maintaining the gravesite or burial site or cemetery, or conducting
genealogical, historical, or cultural research, or, in the case of a plot owner, burying a
deceased person in the plot. (2) The owner or lessee of the land has the right to designate
the frequency, hours, and duration of the access and the access...
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31-2-80
Section 31-2-80 Exemption from ad valorem taxes of property owned or leased by units of armed
forces. All property, both real and personal, belonging to a unit of the armed forces of the
state, officially recognized as such by the federal government, shall be exempt from ad valorem
taxes, state, county, and municipal. This exemption shall apply to real property when leased
to any unit of the Alabama National Guard, provided the agreement or contract of lease is
approved in writing by the Adjutant General, while the same is under the custody and control
of the National Guard unit, and said exemption shall not be vitiated should the National Guard
organization sublease a part of the premises when the rental derived from such lease is used
entirely and solely for the benefit of the National Guard organization, and when such sublease
or permissive use shall be subject to immediate termination by the National Guard unit at
the discretion of the Governor. (Acts 1936, Ex. Sess., No. 143, p....
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40-4-5
Section 40-4-5 Schedule of fees. For making the demand on the taxpayer for his list of property
to be returned and for each return of property to "owner unknown," to be charged
to the taxpayer or property assessed and collected with the taxes, the assessor shall be entitled
to $5, to be entered upon the return and assessment. But the assessor shall be entitled to
only one demand fee against each taxpayer. For serving each subpoena for state witnesses or
notice issued by order of the Department of Revenue or board of equalization, the assessor
shall be entitled to receive $5, to be taxed against the taxpayer and collected with the taxes,
if the case made against such taxpayer is sustained; otherwise, he shall receive no fees for
the serving of such subpoena. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §33; Acts 1980,
No. 80-630, p. 1087, §1; Acts 1990, No. 90-535, p. 837, §1.)...
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40-7-4
Section 40-7-4 Taxpayer to attend appointment and return list of property; failure to furnish
description of real estate. It is the duty of every person in every election precinct to attend
in person before the assessor on the first day of the appointment in the precinct of the taxpayer's
residence and then and there to render to the assessor under oath a full and complete list
of all property of which he was owner, or in which he had any interest whatever, or of which
he was trustee or agent on October 1 of that year. The land and improvements thereon and homesteads
must be separately listed and valued. On failure of the taxpayer for 30 days after demand
or notice by the tax assessor to furnish a sufficient description of his real estate, said
tax assessor shall secure such description from the records of conveyance in the office of
the probate court of his county, and if he is unable to get a sufficient description from
such records, then by a survey of property by the county...
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40-9A-2
Section 40-9A-2 Private user leasing private use property from government required to file
report; inability to file information; information needed in report. (a) Any private user
of private use property leased by the private user from a municipality, county, or public
authority of the State of Alabama shall, not later than January 1, 1993, file with the tax
assessor of the county in which the leased property is located, the information required by
subsection (c) of this section. (b) In the event any lessee described in subsection (a) of
this section is unable to file the information required by subsection (c) of this section
by January 1, 1993, such lessee shall on or before January 1, 1993, notify the tax assessor
in writing, setting forth the item or items of required information which the lessee is unable
to ascertain or calculate, the reason or reasons for such inability, and if the inability
to file any one or more of the items of required information can be corrected with...
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7-2A-221
Section 7-2A-221 Casualty to identified goods. If a lease contract requires goods identified
when the lease contract is made, and the goods suffer casualty without fault of the lessee,
the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss
passes to the lessee pursuant to the lease agreement or Section 7-2A-219, then: (a) if the
loss is total, the lease contract is voided; and (b) if the loss is partial or the goods have
so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless
demand inspection and at his or her option either treat the lease contract as voided or, except
in a finance lease, accept the goods with due allowance from the rent payable for the balance
of the lease term for the deterioration or the deficiency in quantity but without further
right against the lessor. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §221.)...
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