35-12-85
Section 35-12-85 Action to establish a claim. A person aggrieved by a decision of the Treasurer
or whose claim has not been acted upon within 120 days after its filing may maintain an original
action to establish the claim in the Circuit Court of Montgomery County, Alabama, naming the
Treasurer as a defendant. In any proceeding for determination of a claim to property under
this article, the burden shall be upon the claimant to establish entitlement to the property
by a preponderance of evidence. The proceeding shall be brought by the claimant within 90
days after the decision of the Treasurer. (Act 2004-440, p. 755, §1.)...
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40-29-28
Section 40-29-28 Redemption of property. (a) Before sale. Any person whose property has been
levied upon hereunder or subject to execution under Section 40-2-11 shall have the right to
pay the amount due, together with the expenses of the proceeding, if any, to the commissioner
or his delegate at any time prior to the sale thereof, and upon such payment the commissioner
or his delegate shall restore such property to him, and all further proceedings in connection
with the levy on such property shall cease from the time of such payment. (b) Redemption of
real estate after sale. (1) PERIOD. The owners of any real property sold as provided in Section
40-29-26, their heirs, executors, or administrators, or any person having any interest therein,
or a lien thereon, or any person in their behalf, shall be permitted to redeem the property
sold, or any particular tract of such property, at any time within one year after the sale
thereof. Real property purchased by the state at said sale may be...
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41-9-351
Section 41-9-351 Commission may provide for insurance for properties and employees. (a) The
commission may provide insurance covering loss or damage to its properties or any properties
of others in its custody, care, or control or any properties as to which it has any insurable
interest caused by fire or other casualty and may likewise provide insurance for the payment
of damages on account of the injury or death of persons and the loss or destruction of properties
of others, and may pay the premiums out of the revenues of the commission. Nothing in this
section shall be construed to authorize or permit the institution of any civil action or proceeding
in any court against the commission for or on account of any matter referred to in this section.
Any contracts of insurance authorized by this section may, in the discretion of the chair
of the commission, provide for a direct right of action against the insurance carrier for
the enforcement of any claims or causes of action. (b) The...
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42-2-10
Section 42-2-10 Order of condemnation vests title; right of entry on land pending appeal. The
order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the jury, or the deposit thereof in the court for the defendant, shall vest in the United
States the title in fee simple to the lands to be acquired for the uses and purposes stated
in the application. But if an appeal shall be taken by either party, then the United States
or its agents, upon the deposit in the court for the party whose land is sought to be condemned
of the amount of damages and compensation so assessed, together with the cost of the proceeding,
and giving a bond in double the amount of damages assessed, shall be entitled to enter upon
the land so condemned and survey, construct and operate on the same for the uses, and purposes
stated in the application, but such easement shall not vest absolutely in the United States
until the final determination of the cause and payment or deposit...
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45-49-101.12
Section 45-49-101.12 Cause of action by owner against actual operator. (a) Any person who is
held responsible for payment of a civil fine as provided herein, but who was not actually
operating the involved vehicle, who timely and properly followed the procedure to transfer
responsibility but is ultimately held responsible because of the person's ownership of the
vehicle, and who actually pays the civil fine, shall have a cause of action against the person
who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable
attorney fee, without regard to the rules regarding joint and several liability, contribution,
or indemnity. (b) As a condition precedent to the bringing of a civil action under subsection
(a), the person held responsible for payment of the civil fine must first make written demand
on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit
payment, and if reimbursement is fully made within the 60-day period...
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6-5-221
Section 6-5-221 Limitation on time for commencement of action. (a) All civil actions in tort,
contract, or otherwise against any architect or engineer performing or furnishing the design,
planning, specifications, testing, supervision, administration, or observation of any construction
of any improvement on or to real property, or against builders who constructed, or performed
or managed the construction of, an improvement on or to real property designed by and constructed
under the supervision, administration, or observation of an architect or engineer, or designed
by and constructed in accordance with the plans and specifications prepared by an architect
or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design,
planning, specifications, testing, supervision, administration, or observation of the construction
of any such improvement, or any defect or deficiency in the construction of any such improvement;
or (ii) Damage to real or personal property...
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6-9-211
Section 6-9-211 Judgment constitutes lien on property of defendant. Every judgment, a certificate
of which has been filed as provided in Section 6-9-210, shall be a lien in the county where
filed on all property of the defendant which is subject to levy and sale under execution,
and such lien shall continue for 10 years after the date of such judgment; provided, that
when an action or other proceeding to enforce or foreclose said lien is instituted or begun
within said 10 years, but has not been completed, decided, or determined within said 10-year
period, and at the time said action or proceeding is instituted or begun, or lien claimed
therein, a lis pendens notice thereof is filed in the office of the judge of probate of the
county in which said property is situated, the lien provided for in this section shall continue
as to the property upon which said lien is claimed in said action or proceeding and may be
enforced or foreclosed in that action as if said 10-year period had not...
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8-15-34
Section 8-15-34 Satisfaction of owner's lien. An owner's lien as provided for a claim which
has become due may be satisfied as follows: (1) No enforcement action shall be taken by the
owner until the occupant has been in default continuously for a period of 30 days. (2) Prior
to taking enforcement action pursuant to this section, the owner shall determine whether a
financing statement has been filed in accordance with Title 7 concerning the property to be
sold or otherwise disposed of, with the Secretary of State, in the county where the self-service
storage facility is located and in the county of the occupant's last known address. (3) After
the occupant has been in default continuously for a period of 30 days, the owner may begin
enforcement action if the occupant has been notified in writing. Said notice shall be delivered
in person or sent by certified or registered mail to the last known address of the occupant.
Any lienholder with an interest in the property to be sold or...
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10A-2A-8.31
Section 10A-2A-8.31 Standards of liability for directors. Notwithstanding Division C of Article
3 of Chapter 1: (a) A director shall not be liable to the corporation or its stockholders
for any decision to take or not to take action, or any failure to take any action, as a director,
unless the party asserting liability in a proceeding establishes that: (1) no defense interposed
by the director based on (i) any provision in the certificate of incorporation authorized
by Section 10A-2A-2.02(b)(4) or by Section 10A-2A-2.02(b)(6), or (ii) the protection afforded
by Section 10A-2A-8.60, precludes liability; and (2) the challenged conduct consisted or was
the result of: (i) action not in good faith; or (ii) a decision (A) which the director did
not reasonably believe to be in the best interests of the corporation, or (B) as to which
the director was not informed to an extent the director reasonably believed appropriate in
the circumstances; or (iii) a lack of objectivity due to the...
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11-70-3
Section 11-70-3 Petition. The municipality may file a single petition with the clerk of the
circuit court for the judicial circuit in which the subject property is located for an order
to quiet title and expedite foreclosure to one or more parcels of property under this chapter.
The petition shall identify each parcel by its tax parcel number and street address and shall
be served on all interested parties identified in accordance with subsection (b) of Section
11-70-2. No action filed pursuant to this chapter shall be subject to the payment of filing
fees. (Act 2010-396, p. 644, §3; Act 2014-108, p. 183, §1.)...
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