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35-18-1
Section 35-18-1 Definitions. As used in this chapter, the following words have the following
meanings: (1) CONSERVATION EASEMENT. A nonpossessory interest of a holder in real property
imposing limitations or affirmative obligations the purposes of which include retaining or
protecting natural, scenic, or open-space values of real property, assuring its availability
for agricultural, silvicultural, forest, recreational, or open-space use, protecting natural
resources, maintaining or enhancing air or water quality, or preserving the historical, architectural,
archaeological, paleontological, or cultural aspects of real property. (2) HOLDER. Either
of the following to whom a conservation easement is conveyed: a. A governmental body empowered
to hold an interest in real property under the laws of this state or the United States. b.
A charitable corporation, charitable association, or charitable trust, the purposes or powers
of which include retaining or protecting the natural, scenic, or...
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35-4-391
Section 35-4-391 Conveyances in cases of lost deeds or adverse possession. When it is made
to appear to the satisfaction of the Attorney General, by the owner or claimant of any land
owned or claimed by the state, that such land has been previously conveyed by the state, and
the original conveyance or a duly certified copy thereof cannot be located or obtained, or
that the state has lost its interest in such land by adverse possession, a conveyance may
be executed to the purchaser, owner, or claimant in the manner authorized in Section 35-4-385.
(Code 1923, §6851; Acts 1931, No. 592, p. 674; Code 1940, T. 47, §62.)...
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35-4A-3
Section 35-4A-3 When nonvested property interest or power of appointment created. (a) Except
as provided in subsections (b), (c), and (d) and in Section 35-4A-5, the time of creation
of a nonvested property interest or a power of appointment is determined under general principles
of property law. (b) For purposes of this chapter, if there is a person who alone can exercise
a power created by a governing instrument to become the unqualified beneficial owner of (i)
a nonvested property interest or (ii) a property interest subject to a power of appointment
described in Section 35-4A-2(b) or (c), the nonvested property interest or power of appointment
is created when the power to become the unqualified beneficial owner terminates. (c) For purposes
of this chapter, a nonvested property interest or a power of appointment arising from a transfer
of property to a previously funded trust or other existing property arrangement is created
when the nonvested property interest or power of...
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40-2-66
Section 40-2-66 Employment of special counsel. Whenever any matter is pending before any court
affecting the revenue laws of the state and in which the state is an interested party and
the interest is very important, the Department of Revenue may, with the approval of the Governor
and Attorney General, employ special counsel to represent the interest of the state on the
trial thereof; provided, that the Attorney General certifies to the Governor in writing that
neither he nor any of his assistants are available for service, and no case pending before
a court affecting the revenue laws of the state shall be dismissed by counsel representing
the state, whether specially employed counsel or otherwise, except by order of the Department
of Revenue. (Acts 1947, No. 703, p. 541.)...
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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert
a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims
of patent infringement alleged to have been made in bad faith and may do both of the following:
(1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical
evidence, and administer an oath or affirmation to any person, in aid of any investigation
or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance
with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful
excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction
for an order compelling compliance. After an action is commenced, discovery may proceed in
accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name
of the state, as necessary, to seek injunctive and any other...
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8-19-11
Section 8-19-11 Penalties. (a) Any person who violates the terms of an injunction or order
issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per
violation and shall be adjudged in contempt. For the purpose of this section, any circuit
court issuing an injunction or order under this chapter shall retain jurisdiction, and in
such cases the Attorney General or the district attorney acting in the name of the state may
petition for recovery of such civil penalties. (b) Any person who is knowingly engaging in
or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall
forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the
Attorney General or a district attorney acting in the name of the state to the circuit court
for the county in which the defendant resides, is doing business, or has his/her principal
place of business, or the county in which the unlawful act or practice was or is being...
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8-19-3
Section 8-19-3 Definitions. As used in this chapter, the following words and phrases shall
have the meanings hereinafter ascribed to them: (1) ATTORNEY GENERAL. The Attorney General
of the State of Alabama or his duly designated representatives. (2) CONSUMER. Any natural
person who buys goods or services for personal, family or household use. (3) GOODS. Includes
but is not limited to any property, tangible or intangible, real, personal, or any combination
thereof, and any franchise, license, distributorship, or other similar right, privilege, or
interest. (4) KNOW, KNOWING, KNOWINGLY, KNOWLEDGE, and KNEW. Either actual awareness or such
awareness as a reasonable person should have considering all the surrounding circumstances.
(5) PERSON. Includes but is not limited to natural persons, corporations, trusts, partnerships,
incorporated or unincorporated associations and any other legal entity. (6) SALE, BUYING,
and DISTRIBUTION. In addition to their ordinary meanings, include but are not...
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9-16-4
Section 9-16-4 Permit for engaging in surface mining operations - Required; exemptions; applicability.
(a) No operator shall engage in any surface mining, as defined in this article, after October
1, 1970, without a valid permit from the department to engage in the surface mining. A separate
permit shall be required for each such surface mining operation that is not contiguous to
a surface mining operation for which the operator has a valid permit. (b) Notwithstanding
anything to the contrary, this chapter shall not apply to surface mining to extract materials
for the use and benefit of the owner of the property being mined or of an interest therein,
the lessee of the property or a charitable institution or organization or governmental entity
and not for commercial sale. This exemption shall apply to all mining operations which meet
the requirements set forth in this section, including those mining operations for which permits
had been issued prior to October 1, 1997. Any permits for...
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10A-10-1.16
Section 10A-10-1.16 Dissolution. (a) A real estate investment trust may terminate its existence
by voluntary dissolution and wind up its business and affairs in the manner and on the grounds
provided in the Alabama Business Corporation Law. (b) A real estate investment trust may curtail
or cease its trust activities by partially or completely distributing its assets. (c)(1) The
Attorney General may institute proceedings to dissolve a real estate investment trust which
has abused, misused, or failed to use its powers. The proceedings shall be brought in the
manner and on the grounds provided in the Alabama Business Corporation Law, with respect to
judicial dissolution of a corporation. (2) The venue of an action under this subsection is
in a county where an officer or resident agent of the real estate investment trust is located.
(Acts 1995, No. 95-628, p. 1317, §16; §10-13-16; amended and renumbered by Act 2009-513,
p. 967, §308; Act 2019-94, §2.)...
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19-3C-2
Section 19-3C-2 Definitions. In this chapter: (1) CHARITABLE PURPOSE means the relief of poverty,
the advancement of education or religion, the promotion of health, governmental or municipal
purposes, or other purposes the achievement of which is beneficial to the community. (2) ENDOWMENT
FUND means an institutional fund or part thereof that, under the terms of a gift instrument,
is not wholly expendable by the institution on a current basis. The term does not include
assets that an institution designates as an endowment fund for its own use. (3) GIFT INSTRUMENT
means a record or records, including an institutional solicitation, under which property is
granted to, transferred to, or held by an institution as an institutional fund. (4) INSTITUTION
means: (A) a person, other than an individual, organized and operated exclusively for charitable
purposes; (B) a government or governmental subdivision, agency, or instrumentality, to the
extent that it holds funds exclusively for a charitable...
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