26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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27-44-12
Section 27-44-12 Duties of commissioner and board with regard to detection and prevention of
insolvencies or impairment. To aid in the detection and prevention of insurer insolvencies
or impairment: (1) It shall be the duty of the commissioner: a. To notify the commissioners
of those states, territories of the United States and the District of Columbia where such
member company is licensed when he takes any of the following actions against a member insurer:
1. Revocation of license; 2. Suspension of license; 3. Makes any formal order that such company
restrict its premium writing or obtain additional contributions to capital or surplus. Such
notice shall be mailed to all commissioners within 30 days following the action taken or the
date on which such action occurs. b. To report to the board of directors when he has taken
any of the actions set forth in paragraph a. of this subdivision or has received a report
from any other commissioner indicating that any such action has been taken...
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45-8A-110
Section 45-8A-110 Annexation based on resolution of public health or public good; elections.
(a) Whenever the council of the City of Oxford shall pass a resolution to the effect that
the public health or public good requires that certain territory (described in the resolution)
shall be brought within the limits of the City of Oxford: (1) It shall be the duty of the
mayor to certify a copy of such resolution to the Judge of Probate of Calhoun County and the
certified resolution shall have attached thereto a plat or map of the territory proposed to
be annexed, which certified resolution and plat or map shall be filed by the judge of probate.
(2) Within 10 days from the date of the filing of such resolution, the judge of probate must
make and enter an order upon the minutes of the court, directing and ordering an election
to be held by the qualified electors residing within the territory described, not less than
20 days nor more than 40 days from the date of the making of the order. The...
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9-9-23
Section 9-9-23 Appointment of district engineer, etc.; preparation, adoption, etc., of report
and water management plan for improvements in district. (a) Within 60 days after the district
is established, it shall be the duty of the board of water management commissioners to appoint
as district engineer a competent civil or agricultural engineer of good standing in his profession
who is familiar with the type of project involved if said engineer is needed or required by
the district. Such services of an engineer may not be required if engineering services are
furnished by a federal, state or local agency. (b) In case an engineer is needed or required,
it shall be the duty of the court of probate to refer the report of the preliminary survey
or other plans to the district engineer, who shall make a survey of the district and shall
prepare a report with plans for improvements for the district. Such report shall include maps,
profiles, specifications, estimates of cost and other data and...
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9-9-56
Section 9-9-56 Drainage districts to continue and be known as water management districts; petition
requesting additional powers; notice to landowners and proceedings. All drainage districts
created under Title 2, Sections 208 through 262 of the 1940 Alabama Code, shall be known as
water management districts and shall continue to carry out their drainage purposes under this
article. In order for such existing districts to exercise the additional powers granted by
this article, the commissioners of the districts must file a petition in the probate court
requesting such additional powers. Proper notice must be given to landowners in the same manner
as in the first instance of the creation of the district, and all other proceedings must be
conducted insofar as possible in accordance with the procedures set forth for determining
whether or not the district will be created in the first instance. (Acts 1965, No. 685, p.
1246, §57.)...
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11-42-2
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent
to annexation. Whenever the council shall pass a resolution to the effect that the public
health or public good requires that certain territory (described in the resolution) shall
be brought within the limits of the city or town: (1) It shall be the duty of the mayor to
certify a copy of such resolution to the judge of probate of the county in which the land
proposed to be annexed is situated, and said certified resolution shall have attached thereto
a plat or map of said territory, which certified resolution and plat or map shall be filed
by the judge of probate. (2) Except as provided in subdivision (9) of this section, the judge
of probate shall, not less than 10 nor more than 15 days from the date of the filing of such
resolution, make and enter an order upon the minutes of said court, directing and ordering
an election to be held by the qualified electors residing within the territory...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs
or devisees of such decedent, if known, and if there be no personal representative,
that fact must be stated; and, upon the filing of such application, the court must appoint
a day for the hearing, of which, and of the nature of the application, notice must be given,
by personal service, to the personal representative of such decedent, and such
of his...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care
provider based on a breach of the standard of care the damages assessed by the trier of fact
shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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11-17-9
Section 11-17-9 Appeals from assessment of damages - Establishment of date for hearing; summoning
and empaneling of jurors; notice of hearing. On the approval of such appeal bond by the probate
judge, he shall set a day for hearing the same, not less than 10 nor more than 30 days from
that date, and must summon and empanel jurors as provided for in contests of wills in such
court and shall give notice to the adverse parties of such hearing. (Code 1907, §94; Code
1923, §99; Code 1940, T. 12, §216.)...
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