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18-1A-194
Section 18-1A-194 Evidence supporting opinion as to remainder value in partial taking. For
the purpose of supporting an opinion as to the value of a remainder after a partial taking,
evidence may be received relating but not limited to the following factors: (1) Extent of
increase or decrease in the productivity and convenience of use of the remainder reasonably
attributable to the taking; (2) Extent of improvement in or impairment of access to the public
highways from the remainder upon completion of the project; (3) Extent of benefit or detriment
caused by the project due to a change in grade within a right-of-way abutting the remainder;
(4) Extent of enhancement or damage as a consequence of the project; (5) Extent of benefit
or damage resulting from severance of land or improvements; (6) Extent of benefit or damage
resulting from the distance or proximity of the remainder, or improvements on the remainder,
to the project in view of its character and probable use; and (7) Cost of...
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41-18-1
Section 41-18-1 Text. Article I. Findings and Purposes. (a) The party states find that the
South has a sense of community based on common social, cultural and economic needs and fostered
by a regional tradition. There are vast potentialities for mutual improvement of each state
in the region by cooperative planning for the development, conservation and efficient utilization
of human and natural resources in a geographic area large enough to afford a high degree of
flexibility in identifying and taking maximum advantage of opportunities for healthy and beneficial
growth. The independence of each state and the special needs of subregions are recognized
and are to be safeguarded. Accordingly, the cooperation resulting from this agreement is intended
to assist the states in meeting their own problems by enhancing their abilities to recognize
and analyze regional opportunities and take account of regional influences in planning and
implementing their public policies. (b) The purposes of...
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27-62-4
Section 27-62-4 Information security program. (a) Commensurate with the size and complexity
of the licensee, the nature and scope of the activities of the licensee, including its use
of third-party service providers, and the sensitivity of the nonpublic information used by
the licensee or in the possession, custody, or control of the licensee, each licensee shall
develop, implement, and maintain a comprehensive written information security program based
on the risk assessment of the licensee that contains administrative, technical, and physical
safeguards for the protection of nonpublic information and the information system of the licensee.
(b) The information security program of a licensee shall be designed to do all of the following:
(1) Protect the security and confidentiality of nonpublic information and the security of
the information system. (2) Protect against any threats or hazards to the security or integrity
of nonpublic information and the information system. (3) Protect...
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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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9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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18-1A-193
Section 18-1A-193 Evidence supporting opinion as to value. For the purpose of supporting an
opinion as to the value of property, evidence may be received relating but not limited to
the following factors: (1) Extent of loss of property and improvement; (2) Present use of
the property, and the highest and best use for which it is reasonably suitable and available
in the reasonably foreseeable future; (3) Extent of loss of a legal nonconforming use; (4)
Extent of damage to crops; and (5) Existing zoning or other restrictions upon use, and the
reasonable probability of a change in those restrictions. (Acts 1985, No. 85-548, p. 802,
ยง1104.)...
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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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35-8A-313
Section 35-8A-313 Insurance. (a) Commencing not later than the time of the first conveyance
of a unit to a person other than a declarant, the association shall maintain, to the extent
reasonably available: (1) Property insurance on the common elements insuring against all risks
of direct physical loss commonly insured against or, in the case of a conversion building,
against fire and extended coverage perils. The total amount of insurance after application
of any deductibles shall be not less than the greater of 80 percent of the actual cash value
of the insured property at the time the insurance is purchased or such greater percentage
of such actual cash value as may be necessary to prevent the applicability of any co-insurance
provision and at each renewal date, exclusive of land, excavations, foundations, and other
items normally excluded from property policies; and (2) Liability insurance, including medical
payments insurance, in an amount determined by the board but not less than...
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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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