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18-1A-2
Section 18-1A-2 Scope of chapter. (a) This chapter provides standards for the acquisition of
property by condemnors, the conduct of condemnation actions, and the determination of just
compensation. It does not confer the power of eminent domain, and does not prescribe or restrict
the purposes for which or the persons by whom that power may be exercised. (b) This chapter
supplements the law of this state relating to the acquisition of property and to the exercise
of the power of eminent domain. In the event of conflict between this chapter and any other
law with respect to any subject governed by this chapter, this chapter prevails. (Acts 1985,
No. 85-548, p. 802, ยง102.)...
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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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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the agency
shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in its corporate
name. b. May sue and be sued in its corporate name. c. May adopt, use and alter a corporate
seal, which shall be judicially noticed. d. May enter into such contracts and cooperative
agreements with the federal, state and local governments, with agencies of such governments,
with private individuals, corporations, associations, trusts and other organizations as the
board may deem necessary or convenient to enable it to carry out the purposes of this chapter,
including the planned, orderly residential development of the area. e. May adopt, amend and
repeal bylaws. f. May appoint such managers, officers, employees, attorneys and agents as
the board deems necessary for the transaction of its business, fix their compensation, define
their duties, require bonds of such of them as the board may...
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33-15-6
Section 33-15-6 Powers, duties and functions generally. The general powers, duties and functions
of the authority shall be as follows: (1) GENERAL. The authority: a. Shall have perpetual
succession in its corporate name; b. May bring civil actions and have civil actions brought
against it in its corporate name; c. May adopt, use, and alter a corporate seal, which shall
be judicially noticed; d. May enter into such contracts and cooperative agreements with federal,
state and local governments, with agencies of such governments and with private individuals,
corporations, associations and other organizations, including the Bear Creek Watershed Association,
Inc., whether organized under the laws of Alabama or of another state, as the board may deem
necessary or convenient to enable it to carry out the purposes of this article, which authorization
shall include without limitation contracts and cooperative arrangements with any of the several
states and with counties and municipalities in...
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23-1-380
Section 23-1-380 Exercise of power of eminent domain. For purposes of acquiring any property,
the department may exercise the right of eminent domain, in the name of the state, pursuant
to Chapter 1A, Title 18. The fact that the property needed has been acquired by the owner
under the power of eminent domain shall not prevent the property's acquisition by the department
by the exercise of the right of eminent domain herein conferred. For purposes of making surveys
and examinations relative to any condemnation proceedings, it shall be lawful to enter upon
any land, doing no unnecessary damage. Notwithstanding the provisions of any other statute
or the charter of any municipality, the department may take possession of any property to
be acquired at any time after the filing of the petition describing the same in condemnation
proceedings. It shall not be precluded from abandoning the condemnation of any property in
any case where possession thereof has not been taken. (Act 2000-220, p....
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11-61A-9
Section 11-61A-9 Powers. The authority shall have the following powers, together with all incidental
powers necessary: (1) To have succession by its corporate name for the duration of time (which
may be in perpetuity) specified in its certificate of incorporation. (2) To sue and be sued
in its own name in civil suits and actions. (3) To adopt and make use of a corporate seal
and to alter the seal at pleasure. (4) To adopt and alter bylaws for the regulation and conduct
of its affairs and business. (5) To acquire, receive, take, and hold, whether by purchase,
gift, lease, devise, eminent domain, or otherwise, property of every description, whether
real, personal, or mixed, and to manage the property, and to develop any undeveloped property
owned, leased, or controlled by it. An authority may not acquire or lease real property located
outside the boundaries of the municipality. An authority created under this chapter may not
exercise any power of eminent domain without a concurring...
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45-29-90.07
Section 45-29-90.07 Acquisition of property. The authority may acquire by purchase, construction,
lease, gift, condemnation, or otherwise, property of any kind, real, personal, or mixed, or
any interest therein, that the board deems necessary or convenient to the exercise of its
powers or functions; provided, that acquisition by condemnation shall be limited to lands,
rights in land, including leaseholds and easements, and water rights in the Tom Bevill Reservoir
Management Area that the board determines to be necessary to the control and optimum development
of the Tom Bevill Reservoir Management Area, including such lands adjacent to or in the immediate
vicinity of water control reservoirs as the board determines to be necessary to assure full
development and optimum use of such reservoirs for the purposes of, water conservation and
supply, flood control, irrigation, navigation, industrial development, public recreation,
and related purposes. The amount and character of the interest...
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4-6-13
Section 4-6-13 Acquisition of air rights, easements, etc. In any case in which: (1) It is desired
to remove, lower or otherwise terminate a nonconforming structure or use; or (2) The approach
protection necessary cannot, because of constitutional limitations, be provided by airport
zoning regulations under this chapter; or (3) It appears advisable that the necessary approach
protection be provided by acquisition of property rights rather than by airport zoning regulations,
the political subdivision within which the property or nonconforming use is located or the
political subdivision owning the airport or served by it may acquire, by purchase, grant or
condemnation in the manner provided by the law under which political subdivisions are authorized
to acquire real property for public purposes, such air right, avigation easement or other
estates or interest in the property or nonconforming structure or use in question as may be
necessary to effectuate the purposes of this chapter. In the...
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11-50-343
Section 11-50-343 Powers generally; publication, recordation, and authentication of resolutions
of board. (a) Each board created under the provisions of this article shall be deemed to be
a public agency or instrumentality exercising public and governmental functions to provide
for the public health and welfare, and each such board is hereby authorized and empowered:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business; (2)
To adopt an official seal and alter the same at pleasure; (3) To maintain an office at such
place or places within the city as it may designate; (4) To sue and be sued in its own name;
(5) To acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate,
and maintain any water system or part thereof or any sewer system or part thereof or any combination
thereof within or without or partly within and partly without the corporate limits of the
city, and to acquire by gift, purchase, or the exercise of the right...
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11-47-170
Section 11-47-170 Acquisition of lands, easements, etc., by municipality; limitations on condemnation.
(a) Except as otherwise provided in subsection (b), whenever in the judgment of the council,
commission, or other governing body of a city or town it may be necessary or expedient for
the carrying out and full exercise of any power granted by the applicable provisions of this
title or any other applicable provision of law, the town or city shall have full power and
authority to acquire by purchase the necessary lands or rights, easements, or interests therein,
thereunder, or thereover or, for the purposes for which private property may be acquired by
condemnation, may proceed to condemn the same in the manner provided by this article, or by
the general laws of this state governing the taking of lands or the acquiring of interests
therein for the uses for which private property may be taken, and such proceedings shall be
governed in every respect by the general laws of this state...
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