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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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18-1A-22
Section 18-1A-22 Offer to purchase at full appraised value; amount of compensation;
written statement and summary; waiver valuation. (a)(1) Before commencing a condemnation action,
the condemnor shall establish an amount based on an appraisal, except as otherwise provided
in subsection (e), which it believes to be just compensation therefor and promptly shall submit
to the owner an offer to acquire the property for the full amount so established. (2) The
amount may not be less than the condemnor's established amount of just compensation for the
property. (b) In a total taking, the condemnor shall disregard any decrease or increase in
the fair market value of the property caused by the project for which the property is to be
acquired or by the reasonable likelihood that the property will be acquired for that project,
other than normal depreciation. (c)(1) The amount of compensation to which the owners and
other parties interested therein are entitled may not be reduced or diminished...
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42-2-7
Section 42-2-7 Commissioners for assessment of damages and compensation - Appointment;
notice to commissioners; duties. If the application is granted, the judge of probate must
appoint three citizens of the county in which the lands sought to be condemned are situated,
who shall possess the qualifications of jurors, who shall be disinterested and who shall be
required to file a certificate along with their award that neither of them had ever been consulted,
advised with or approached by any person in reference to the value of the lands or the proceedings
to condemn the same, prior to the assessment of the damages, and that they knew nothing of
the same before their appointment. The judge of probate is authorized to fill any vacancy
occasioned by the death, resignation, failure to act or any disqualification of any such commissioners
from interest, prior knowledge of the subject matter or by being consulted, advised with or
approached in reference to the condemnation of such lands prior...
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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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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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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement;
damages; condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after
the later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed
or installed within the electric easement on the owner's real property. Nothing in this chapter
shall revive any right or remedy which may have become barred by lapse...
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9-9-28
Section 9-9-28 Notice of hearing on report of board of viewers. When the report of the
board of viewers is fully completed in accordance with the provisions of this article and
filed, the court of probate shall forthwith set a date for hearing said report, not less than
30 days thereafter, and shall give notice thereof by causing publication to be made as hereinafter
defined, and the following form shall suffice: "Notice of Filing of Viewers' Report and
Hearing Thereon for ___ Water Management District. Notice is hereby given to all persons interested
in the following described land and property in _____ County (or Counties), Alabama; (here
describe land and property) included within and without _____ water management district, that
the board of viewers heretofore appointed to assess benefits and damages to the property and
lands situated within and without said water management districts and to appraise the cash
value of the land necessary to be taken for rights-of-way for the...
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9-9-27
Section 9-9-27 Viewing and assessment of lands by board of viewers; report of findings.
(a) Within 30 days after qualifying, the board of viewers shall begin its duties, and it may
at any time call upon the attorney of the district for legal advice and information relative
to its duties. Said viewers shall proceed to view the premises and determine the value of
all land and other property within or without the district to be acquired and used for rights-of-way
or other works of drainage, leveeing, reclamation, flood prevention or for the conservation,
development, utilization and disposal of water as set out in the water management plan. They
shall assess the amount of benefits and the amount of damages, if any, that will accrue to
each tract of 40 acres or less, according to the legal or recognized subdivisions of land
according to ownership, to public highways, railroad and other rights-of-way, railroads, roadways
and other property from carrying out and putting into effect the plan...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-27.htm - 3K - Match Info - Similar pages
19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject
additions to the trust property from a settlor or any other person, including, but not being
limited to, the authority to receive, collect, hold, and retain common or preferred stock
or other interests in the trustee or any related party; (2) acquire or sell property, for
cash or on credit, at public or private sale; (3) exchange, partition, or otherwise change
the character of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a
quiet title action under this section to quiet title to real property held by the authority
or interests in tax delinquent property held by the authority by recording with the office
of the judge of probate in the county in which the property subject to quiet title action
is located a notice of pending quiet title action. The notice shall include the name of the
taxpayer whose interest was affected by the tax sale; the name of any other party as revealed
by a search and examination of the title to the property who may claim an interest in the
property; a legal description of the property; the street address of the property if available;
the name, address, and telephone number of the authority; a statement that the property is
subject to the quiet title proceedings under Act 2013-249; and a statement that any legal
interests in the property may be extinguished by a circuit court order vesting title to...
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