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18-1A-254
Section 18-1A-254 Absence of concurrent condemnation action. In the absence of a pending condemnation
action relating to the property, a petition, motion, or other proceeding initiated in connection
with arbitration pursuant to an agreement under this article shall be filed in and determined
by a court that would have both jurisdiction and proper venue of the condemnation action if
it had been commenced immediately prior thereto. Unless the agreement for arbitration otherwise
provides, the total or apportioned amounts of compensation as determined by the arbitration
award and confirmed by the court shall be entered as a judgment with the same effect and subject
to the same terms and conditions as a judgment of condemnation of the property. (Acts 1985,
No. 85-548, p. 802, §1505.)...
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18-1A-253
Section 18-1A-253 Effect of pending condemnation action. If a condemnation action has been
commenced and is pending between the parties to an arbitration agreement under this article:
(1) A petition, motion, or other proceeding thereafter initiated in connection with the arbitration
shall be filed in and determined by the court in the condemnation action; (2) The court in
the condemnation action may stay the determination of an issue of compensation in the action
until arbitration pursuant to the agreement has been concluded; and (3) The total or apportioned
amounts of compensation as determined by the arbitration award and confirmed by the court
shall be included in the judgment of condemnation as the amount of compensation for the property.
(Acts 1985, No. 85-548, p. 802, §1504.)...
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11-50A-8
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 that nothing herein shall be construed to grant to the authority the power to acquire
by condemnation any real or personal property or right-of-way of any utility as the
term "utility" is defined in Section 37-4-1(7)a.; (5) To acquire in its own name
by purchase on such terms and conditions and in such manner as it may deem proper, or by exercise
of the power of eminent domain, or by gift, grant, lease, or otherwise, real property or rights
and easements therein and franchises and personal property necessary or convenient
for its corporate purposes; and to insure its property against any and all risks with...
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15-22-1.1
by the Interstate Commission, but shall not be a member. (c) Corporate records of the Interstate
Commission. The Interstate Commission shall maintain its corporate books and records in accordance
with the bylaws. (d) Qualified immunity, defense and indemnification. (1) The members, officers,
executive director, and employees of the Interstate Commission shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused or arising
out of any actual or alleged act, error or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities; provided, that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury or liability caused by the intentional or willful and wanton misconduct of any
such person. (2) The Interstate Commission shall defend the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-1.1.htm - 43K - Match Info - Similar pages
16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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33-18-1
of the ACT Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACT Basin among the States of Alabama and
Georgia; and (13) To perform all functions required of it by this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-18-1.htm - 33K - Match Info - Similar pages
33-19-1
of the ACF Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACF Basin among the States of Alabama,
Florida and Georgia; and (13) To perform all functions required of it by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-19-1.htm - 33K - Match Info - Similar pages
18-1A-256
Section 18-1A-256 Abandonment of acquisition. (a) Subject to the requirements of subsection
(b), an arbitration under this article may specify the terms and conditions, if any, under
which the condemnor may abandon acquisition of the property. (b) Unless the arbitration agreement
expressly waives the property owner's right to reimbursement, in the event of abandonment
of acquisition after an arbitration agreement has been entered into, he is entitled to recover
from the condemnor: (1) The same litigation expenses that would be recoverable upon dismissal
of an action for the acquisition of the property; and (2) All other expenses, not included
in recoverable litigation expenses, reasonably and necessarily incurred by him in preparation
for and in participating in the arbitration and in judicial proceedings in connection with
the arbitration, including reasonable attorney, appraisal, and engineering fees. (c) If abandonment
of acquisition occurs after the rendition of an award in the...
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18-1A-52
Section 18-1A-52 Bond for damages caused by entry. (a) An order permitting entry under Section
18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount
that will fairly compensate the owner and any other person in lawful possession or physical
occupancy of the property for damages for physical injury to the property, and for
substantial interference with its possession or use, found likely to be caused by the entry
and activities authorized by the order, and shall require the condemnor other than the state
to enter into bond in double the amount of such preliminary assessment, with good and sufficient
sureties, to pay such damages as the property owner or other person in lawful possession or
physical occupancy of the property may sustain. The bond must be given before entry is made.
(b) Unless sooner disbursed by agreement or court order, the amount of the bond sufficient
to cover the damages sustained shall be paid to those determined by the circuit...
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