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35-12-93
Section 35-12-93 Agreement to locate property. (a) An agreement by an owner, the primary purpose
of which is to locate, deliver, recover, or assist in the recovery of property that is presumed
abandoned, is void and unenforceable if it was entered into during the period commencing on
the date the property was presumed abandoned and extending to a time that is 24 months after
the date the property is paid or delivered to the Treasurer. This subsection does not apply
to an owner's agreement with an attorney to file a claim as to identified property or contest
the Treasurer's denial of a claim. (b) An agreement by an owner, the primary purpose of which
is to locate, deliver, recover, or assist in the recovery of property, is enforceable only
if the agreement is in writing, clearly sets forth the nature of the property and the services
to be rendered, states that the property is in custody of the State of Alabama Treasurer's
Office, is signed by the apparent owner, states the compensation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12-93.htm - 2K - Match Info - Similar pages
35-12A-6
Section 35-12A-6 Storage of dwelling and personal property of tenant. (a) After notifying the
tenant and lienholder as required by Sections 35-12A-3 and 35-12A-4, the manufactured dwelling
community owner shall do all of the following: (1) Store any abandoned manufactured dwelling
on the rented space. (2) Store all other abandoned personal property of the tenant, including
goods left inside a manufactured dwelling or left upon the rented space outside a manufactured
dwelling, in a place of safekeeping and exercise reasonable care for the personal property.
For purposes of this chapter, "personal property" does not include a manufactured
dwelling. (b) The manufactured dwelling community owner shall be entitled to reasonable or
actual storage charges and costs incidental to storage or disposal, including any cost of
removal to a place of storage occurring after the expiration of the date by which a tenant,
lienholder, or owner is to contact the manufactured dwelling community owner as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12A-6.htm - 1K - Match Info - Similar pages
15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-63.htm - 3K - Match Info - Similar pages
45-10-234.1
Section 45-10-234.1 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. If the abandoned
or stolen personal property is of a perishable nature and reasonable attempts to locate and
identify the owner of the property are not successful, the property may be sold at once without
notice. The sheriff shall attempt to obtain the best possible price for the property. The
proceeds of such a sale shall be held in a separate account for a period of six months for
the owner. During this period, the proceeds will be paid to the owner upon demand, less any
cost of recovery, storage, maintenance, and sale. If the proceeds are not claimed within six
months, after deducting and paying all expenses incurred in the recovery, storage, maintenance,
and sale of the property, the net funds shall be paid to the office of the Sheriff of Cherokee
County. (Act 2018-79, §2.)...
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45-31-233.01
Section 45-31-233.01 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2020 REGULAR
SESSION, EFFECTIVE AUGUST 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. If the abandoned
or stolen personal property is of a perishable nature and reasonable attempts to locate and
identify the owner of the property are not successful, the property may be sold at once without
notice. The sheriff shall attempt to obtain the best possible price for the property. The
proceeds of the sale shall be held in a separate account for a period of six months for the
owner. During this period, the proceeds shall be paid to the owner upon demand, less any cost
of recovery, storage, maintenance, and sale. If the proceeds are not claimed within six months,
after deducting and paying all expenses incurred in the recovery, storage, maintenance, and
sale of the property, the net funds shall be paid to the Office of the Sheriff of Geneva County.
(Act 2020-138, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-233.01.htm - 1K - Match Info - Similar pages
35-12-74
Section 35-12-74 Rules for taking custody. Except as otherwise provided in this article, or
by other statute of this state, property that is presumed abandoned, whether located in this
or another state, is subject to the custody of this state if any of the following occur: (1)
The last known address of the apparent owner, as shown on the records of the holder, is in
this state. (2) The records of the holder do not reflect the identity of the person entitled
to the property and it is established that the last known address of the person entitled to
the property is in this state. (3) The records of the holder do not reflect the last known
address of the apparent owner and it is established that: a. The last known address of the
person entitled to the property is in this state; or b. The holder is domiciled in this state
or is a government or governmental subdivision, agency, or instrumentality of this state and
has not previously paid or delivered the property to the state of the last...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12-74.htm - 2K - Match Info - Similar pages
41-6-74
Section 41-6-74 Notice. (a) When the department is required to give notice of the abandonment
of property or of termination of a loan, the department shall mail notice by certified mail,
return receipt requested, to the last known owner at the most recent address of the owner
as shown on the department's records. If the department does not know the identity of the
owner, or does not have an address for the owner, or does not receive written proof of receipt
of the mailed notice within 30 days of the date the notice was mailed, the department shall
publish notice, at least once each week for two consecutive weeks, in a newspaper of general
circulation in both Montgomery County and the county in which the last known address, if available,
of the owner, if known, is located. (b) The published notice shall contain all of the following:
(1) A description of the unclaimed property. (2) The name and last known address of the owner,
if available. (3) A request that all persons who may have any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-6-74.htm - 2K - Match Info - Similar pages
8-15-34
Section 8-15-34 Satisfaction of owner's lien. An owner's lien as provided for a claim which
has become due may be satisfied as follows: (1) No enforcement action shall be taken by the
owner until the occupant has been in default continuously for a period of 30 days. (2) Prior
to taking enforcement action pursuant to this section, the owner shall determine whether a
financing statement has been filed in accordance with Title 7 concerning the property to be
sold or otherwise disposed of, with the Secretary of State, in the county where the self-service
storage facility is located and in the county of the occupant's last known address. (3) After
the occupant has been in default continuously for a period of 30 days, the owner may begin
enforcement action if the occupant has been notified in writing. Said notice shall be delivered
in person or sent by certified or registered mail to the last known address of the occupant.
Any lienholder with an interest in the property to be sold or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-15-34.htm - 6K - Match Info - Similar pages
35-12-91
Section 35-12-91 Interstate agreements. (a) The Treasurer may enter into an agreement with
another state to exchange information relating to abandoned property or its possible existence.
The agreement may permit the other state, or another person acting on behalf of a state, to
examine records as authorized in Section 35-12-89. The Treasurer, by rule, may require the
reporting of information needed to enable compliance with an agreement made under this section
and prescribe the form. (b) The Treasurer may join with another state to seek enforcement
of this article against any person who is or may be holding property reportable under this
article. (c) At the request of another state, the Attorney General of this state may maintain
an action on behalf of the other state to enforce, in this state, the unclaimed property laws
of the other state against a holder of property subject to escheat or a claim of abandonment
by the other state, if the other state has agreed to pay expenses...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12-91.htm - 2K - Match Info - Similar pages
35-12A-11
Section 35-12A-11 Disposition of proceeds of sale. (a) The manufactured dwelling community
owner may deduct from the proceeds of the sale any of the following: (1) The reasonable or
actual cost of notice, storage, and sale as provided in this chapter. (2) Unpaid rental fees,
but only to the extent that the manufactured dwelling community owner's lien has priority
over the lien of any applicable lienholder. (3) Reasonable attorneys' fees and costs. (b)
After deducting the amounts listed in subsection (a), the manufactured dwelling community
owner shall remit to the county tax collecting official any property taxes and/or other fees
due and shall then remit the remaining proceeds, if any, to the lienholders, if any, to the
extent of any unpaid balance owed on any liens on the manufactured dwelling. (c) After deducting
the amounts listed in subsections (a) and (b), as applicable, the manufactured dwelling community
owner shall remit to the tenant or owner the remaining proceeds, if any,...
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