18-1A-20
Section 18-1A-20 Application of article. (a) In order to encourage and expedite the acquisition
of property by agreement, to avoid litigation and relieve congestion in the courts, to assure
consistent treatment of owners, and to promote public confidence in practices and procedures
relating to the acquisition of property for public use, a condemnor, when acquiring property,
shall comply with applicable provisions of Sections 18-1A-21 through 18-1A-30. (b) Sections
18-1A-21 through 18-1A-30 apply to the purchase and acquisition of materials, supplies, equipment,
or other personal property only if the condemnor determines to exercise its power of eminent
domain with respect to that property or by reason of the exercise of such power substantially
damages the same. (c) Sections 18-1A-21 through 18-1A-30 shall not apply to the purchase of
lands under Chapter 3 of this title. (Acts 1985, No. 85-548, p. 802, §201.)...
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18-1A-231
Section 18-1A-231 Voluntary dismissal. The court may dismiss the action in whole or in part
upon motion of the plaintiff at any time prior to payment of the judgment. In its order of
dismissal, the court may impose any conditions that are just and equitable, including a requirement
of restitution of property or money. (Acts 1985, No. 85-548, p. 802, §1302.)...
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18-1A-289
Section 18-1A-289 Effect of order of condemnation; right of entry, etc., pending appeal upon
deposit of damages, compensation, and costs; effect of appeal upon condemnation order. The
order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the circuit court, or the bond thereof in the circuit court for the defendant, shall vest
in the applicant the property or property right proposed to be acquired for the uses and purposes
stated in the application and for no other uses or purposes. But if an appeal shall be taken
by any party, then the person, corporation or association seeking to acquire such property
or property right, upon the deposit in the circuit court for the party whose land or interest
therein is sought to be condemned of the amount of damages and compensation so assessed, together
with the costs of the proceeding, shall be entitled to enter upon the lands so condemned and
to survey, construct, and operate on the same for the uses and...
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26-2A-148
Section 26-2A-148 Conservators; title by appointment. (a) The appointment of a conservator
vests in the conservator title as trustee to all property, or to the part thereof specified
in the order, of the protected person, presently held or thereafter acquired, including title
to any property theretofore held for the protected person. Appointment of a conservator does
not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers
to Minors Act, or a valid durable power of attorney, except on order of the court. An order
specifying that only a part of the property of the protected person vests in the conservator
creates a limited conservatorship. (b) Except as otherwise permitted herein, the interest
of the protected person in property vested in a conservator by this section is not transferable
or assignable by the protected person. An attempted transfer or assignment by the protected
person, though ineffective to affect property rights, may generate a...
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35-11-5
Section 35-11-5 Affidavit and bond required before issue of attachment. In all cases in this
chapter where the process of attachment is authorized, and unless otherwise particularly provided
for in the article declaring the lien, before such attachment shall issue, the plaintiff,
his agent or attorney must make affidavit setting forth the amount of such claim, or if a
toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment
prescribed in the applicable article exists, that the attachment is not sued out for the purpose
of vexing or harassing the defendant, whether or not the debt or toll is due, and if not,
when the same will be due, that said debt or toll remains unpaid, and must describe therein,
as near as practicable, the property on which the lien is claimed. He must also execute a
bond in double the amount claimed, with sufficient sureties to be approved by the officer
issuing the attachment, payable to the defendant and with the condition...
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6-5-546
Section 6-5-546 Venue of actions; transfer. In any action for injury or damages or wrongful
death whether in contract or in tort against a health care provider based on a breach of the
standard of care, the action must be brought in the county wherein the act or omission constituting
the alleged breach of the standard of care by the defendant actually occurred. If plaintiff
alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions
which took place in more than one county within the State of Alabama, the action must be brought
in the county wherein the plaintiff resided at the time of the act or omission, if the action
is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the
act or omission if the action is one for wrongful death. If at any time prior to the commencement
of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's
death did not result from acts or omissions...
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6-6-280
Section 6-6-280 Election to proceed by action of ejectment or action in nature of ejectment;
proceedings upon action in nature of ejectment. (a) A plaintiff commencing an action for the
recovery of lands or the possession thereof has an election to proceed by an action of ejectment
or by an action in the nature of an action of ejectment as is provided in subsection (b) of
this section. (b) An action for the recovery of land or the possession thereof in the nature
of an action in ejectment may be maintained without a statement of any lease or demise to
the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if
it alleges that the plaintiff was possessed of the premises or has the legal title thereto,
properly designating or describing them, and that the defendant entered thereupon and unlawfully
withholds and detains the same. This action must be commenced in the name of the real owner
of the land or in the name of the person entitled to the possession...
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6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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31-2-31
Section 31-2-31 Sale, pawn; purchase or unauthorized retention of military property; seizure,
etc., of unlawfully retained property. Any person who sells, pawns, purchases, retains or
has in his possession or custody, without right, any military property belonging to this state
or the United States, or any unit of the armed forces of the state, and who, after proper
demand, refuses to deliver the same to any officer entitled to take possession thereof, is
guilty of a misdemeanor if the value of such property is $500.00 or less, and is guilty of
a felony if the value of such property exceeds $500.00. Any person belonging to the armed
forces of the state who, contrary to the order of the proper officer, retains in his possession
or control any military property of this state or of the United States is guilty of a misdemeanor
if the value of such property is $500.00 or less, and is guilty of a felony if the value of
such property exceeds $500.00. Any commanding officer may take possession...
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