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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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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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18-2-16
Section 18-2-16 Proceedings when construction of canal or ditch through adjoining lands necessary.
When such land joins other lands and it is necessary for the erection of the mill, gin or
factory to dig a ditch or canal through such other lands, the application must be made to
the court of probate of the county in which the lands, through which the ditch or canal is
proposed to be dug, lie, and the writ must be obtained, inquest held, notice given, inquest
returned, the owners of other lands summoned to show cause, the application granted or refused
and damages paid in the same manner as in other cases provided for in this chapter. (Code
1852, §2107; Code 1867, §2499; Code 1876, §3573; Code 1886, §3199; Code 1896, §1742;
Code 1907, §3903; Code 1923, §7522; Code 1940, T. 19, §48.)...
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10A-21-2.07
Section 10A-21-2.07 Condemnation of water sources, riparian rights and necessary lands by waterworks
corporation. (a) Corporations authorized to construct and operate waterworks for the supplying
of municipalities and their inhabitants, or others living or doing business in the vicinity
of them, with water shall have the power, in order to obtain a supply of water for their storage
ponds, reservoirs, pipes, and canals, to take over and use, after condemning the same, water
of any river, stream, spring, or other water source which may be necessary for them to use
for that purpose. They may also acquire by condemnation riparian rights and all lands adjacent
to such streams or water sources as shall be necessary to protect and preserve the purity
of such supply; and they shall also have the power to condemn rights-of-way and sites of any
necessary area for pipelines, ditches, canals, dams, storage ponds, reservoirs, and other
necessary purposes for the operation of their waterworks and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-21-2.07.htm - 3K - Match Info - Similar pages
11-41-1
Section 11-41-1 Authority; petition to probate judge for order of incorporation. When the inhabitants
of an unincorporated community, which has a population of not less than 300, constituting
a body of citizens whose residences are contiguous to and all of which form a homogeneous
settlement or community, desire to become organized as a municipal corporation, they may apply
to the judge of probate of the county in which the territory is situated, or the greater portion
thereof if it is situated in two or more counties, for an order of incorporation, by a petition
in writing signed by not less than 15 percent of the qualified electors residing within the
limits of the proposed municipality and by the persons, firms, or corporations owning at least
60 percent of the acreage of the platted or unplatted land of the proposed municipality. No
platted or unplatted territory shall be included within the boundary unless there are at least
four qualified electors, according to government survey,...
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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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40-10-122
Section 40-10-122 Manner of redemption when land sold to party other than state. THIS SECTION
WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE
THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) In order to obtain the redemption
of land from tax sales where the same has been sold to one other than the state, the party
desiring to make such redemption shall deposit with the judge of probate of the county in
which the land is situated the amount of money for which the lands were sold, with interest
payable at the rate of 12 percent per annum from date of sale, and, on the portion of any
excess bid that is less than or equal to 15 percent of the market value as established by
the assessing official, together with the amount of all taxes which have been paid by the
purchaser, which fact shall be ascertained by consulting the records in the office of the
tax collector, or other tax collecting official, with interest on the payment at 12...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-122.htm - 6K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-2-4.htm - 1K - Match Info - Similar pages
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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18-2-5
Section 18-2-5 Issuance of writ upon filing of application. On the filing of such application,
the judge of probate must issue to the sheriff a writ, setting forth the substantial averments
contained in the application, the name of the applicant and the place where it is proposed
to erect the dam and commanding the sheriff to summon seven disinterested freeholders of the
county to meet at the place where the dam is to be erected, on a day to be specified in the
writ, not less than 15 nor more than 30 days after the filing of the application, and then
and there to inquire touching the matter contained therein. (Code 1852, §2094; Code 1867,
§2486; Code 1876, §3560; Code 1886, §3187; Code 1896, §1732; Code 1907, §3893; Code 1923,
§7512; Code 1940, T. 19, §38.)...
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