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18-2-7
Section 18-2-7 Jury to assess value, etc., of one acre of land on opposite side of stream abutting
proposed dam site where applicant not owner of land on both sides. If the applicant is not
the owner of the land on both sides of the stream, the jury must also be charged to ascertain
and assess the value of one acre of land on the opposite side, to include the place where
the proposed dam would abut, and to locate and circumscribe the same by metes and bounds,
having a due regard to the interests of all parties. (Code 1852, §2099; Code 1867, §2491;
Code 1876, §3565; Code 1886, §3191; Code 1896, §1734; Code 1907, §3895; Code 1923, §7514;
Code 1940, T. 19, §40.)...
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18-2-4
Section 18-2-4 Notice to owner of land on opposite side of stream abutting proposed dam site.
If application is filed by the owner of the land on one side of a stream only, notice must
be given to the owner of the land on the opposite side by serving him in the same manner as
is provided for service of owners in Section 18-1-8, and if the owner be a minor or person
of unsound mind, a guardian ad litem must be appointed as provided in Section 18-1A-275. (Code
1852, §§2095-2097; Code 1867, §§2487-2489; Code 1876, §§3561-3563; Code 1886, §§3188,
3189; Code 1896, §§1730, 1731; Code 1907, §§3891, 3892; Code 1923, §§7510, 7511; Code
1940, T. 19, §37.)...
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18-2-2
Section 18-2-2 Application to probate court. For authority to erect such dam, application in
writing, verified by affidavit, must be made to the probate court of the county in which it
is proposed to erect the mill, gin, factory or electric light plant, if by the owner of the
land on both sides of the stream or if by the owner of the land on one side only, to the court
of probate of the county in which the land on the opposite side of the stream, abutting the
proposed site of the dam, lies. (Code 1852, §§2090, 2091; Code 1867, §§2482, 2483; Code
1876, §§3556, 3557; Code 1886, §3185; Code 1896, §1728; Code 1907, §3889; Code 1923,
§7508; Code 1940, T. 19, §35.)...
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18-2-3
Section 18-2-3 Contents of application. Such application must set forth the right of the applicant
to make the same, the purpose for which the dam is to be erected, a description of the land
by sectional divisions and subdivisions, township and range, the name of the watercourse,
if it has a name, the side on which the mill, gin or factory is to be erected and the proposed
height of the dam. If the application is made by the owner of the land on one side only, he
shall also set forth therein the name of the owner of the land on the opposite side on which
the proposed dam is to abut, his residence, if known, and whether such owner is a minor or
of full age; and, if such owner of the land on the opposite side is of unsound mind, that
fact must also be stated. (Code 1852, §§2092, 2093; Code 1867, §§2484, 2485; Code 1876,
§§3558, 3559; Code 1886, §3186; Code 1896, §1729; Code 1907, §3890; Code 1923, §7509;
Code 1940, T. 19, §36.)...
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10A-20-15.01
Section 10A-20-15.01 Rights, powers, and authority. All corporations organized under the general
laws of this state, or heretofore under a special act of the Legislature, and all corporations
organized under the laws of any other of the United States which have complied with the Constitution
and laws of the State of Alabama as to foreign corporations and which by their charter have
the right to manufacture, supply, and sell to the public power produced by water as a motive
force, shall, after acquiring by purchase, or otherwise than by condemnation, a dam site or
power site comprising not less than one acre of land upon each and opposite sides of any watercourse
or after acquiring by purchase, or otherwise than by condemnation, a dam site comprising not
less than one acre of land upon one side of any watercourse and, where the dam site on the
other side of the watercourse is owned or controlled by the United States, shall have acquired
the permission of the United States to attach to...
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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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18-2-1
Section 18-2-1 Right of property owner to erect dam. A dam for any gristmill, sawmill, gin,
factory or plant to generate electricity by water power to be operated for the public may
be erected across any watercourse, not a navigable stream, by the owner in fee of the land
on both sides of the stream, or on one side at the place where the dam is proposed to be erected,
by proceeding as provided in this chapter. (Code 1852, §2089; Code 1867, §2481; Code 1876,
§3555; Code 1886, §3184; Code 1896, §1727; Code 1907, §3888; Code 1923, §7507; Code 1940,
T. 19, §34.)...
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11-49-21
Section 11-49-21 Applications for and granting of licenses for establishment of ferries - Procedure
generally. On application for a license for establishment of a ferry, where the banks on each
side belong to the same person, such person is entitled to the prior right of establishing
a ferry; when the banks belong to different persons, the municipal authorities may grant the
license at their election to either of such owners making the application. Should any person
not the owner of the land on either bank of the river where it is proposed to establish a
ferry make application for a license, he shall be required to produce before the municipal
authorities a statement in writing from the owner thereof saying that he is not an applicant,
and such written statement must appear of record. (Acts 1923, No. 541, p. 721; Code 1923,
§2410; Code 1940, T. 37, §373.)...
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11-48-5
Section 11-48-5 Adoption of ordinance or resolution describing proposed improvement, ordering
preparation of plans, specifications, etc., thereof, etc. (a) When the council of any city
or town shall determine to open, widen, extend, construct, or improve any street, alley, avenue,
sidewalk, highway, or other public place or to make any other public improvements or undertake
any work authorized by the provisions of this article, the cost of which or any part thereof
it is proposed to assess against the property abutting on, served, illuminated, drained, elevated,
reclaimed, protected, or otherwise specially benefited or increased in value by said improvements,
it shall adopt an ordinance or resolution to that effect, describing the nature and extent
of the work, the general character of the materials to be used and the location and terminal
point thereof and the streets, avenues, alleys, or other highways or parts thereof embraced
therein, and it shall direct that full details,...
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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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