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11-41-8
Section 11-41-8 Validation of previously invalidated incorporations and alterations of corporate
limits. (a) In all cases prior to May 14, 2012, where there has been an attempt to organize
the inhabitants of any territory as a municipal corporation under this article, and the judge
of probate of the county in which the territory is situated has entered an order that the
inhabitants of the territory are incorporated as a town or city, as the case may be, pursuant
to Section 11-41-4, but the attempted incorporation is invalid because of some irregularity
in the procedure followed, the incorporation of that municipality so attempted to be organized
and with respect to which the order has been made is validated ab initio in accordance with
the description of the territory attempted to be incorporated as the description is contained
in the order or, if the description of the territory attempted to be incorporated is not contained
in the order in accordance with the description of the...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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20-2-53
Section 20-2-53 Registration of persons manufacturing, distributing or dispensing controlled
substances - Order to show cause; proceedings; review; issuance of stay. (a) Before denying,
suspending, or revoking a registration or refusing a renewal of registration, the certifying
boards shall serve upon the applicant or registrant an order to show cause why registration
should not be denied, revoked, or suspended or why the renewal should not be refused. The
order to show cause shall contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the certifying board at a time and place not less
than 30 days after the date of service of the order, but in the case of a denial of renewal
of registration the show cause order shall be served not later than 30 days before the expiration
of the registration. These proceedings shall be conducted in accordance with the Alabama Administrative
Procedure Act and the procedures established by the respective...
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25-9-321
Section 25-9-321 Survey of mine upon petition of adjacent landowner. Whenever the owner, operator,
or lessee of any land adjacent to other land on which any coal mine is being worked shall
have reason to believe that such mine is being so worked as to encroach upon his land and
has been refused by the owner, operator, or manager of the mine permission at reasonable times
to enter said mine with a competent engineer for the purpose of inspecting and surveying such
mine, he may make appeal under oath to the probate court of the county in which the mine is
situated, setting out the facts and praying for an order that such mine shall be surveyed.
Upon the hearing, after such notice to the owner, operator, or lessee of the mine as the court
may prescribe, the court may make an order requiring the department to employ a competent
engineer to make a survey of such mine and file such survey in the office of the judge of
probate and such survey when filed shall be received in any court as prima...
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10A-2-14.23
Section 10A-2-14.23 Appeal from denial of reinstatement. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
If the Secretary of State denies a corporation's application for reinstatement following administrative
dissolution, he or she shall serve the corporation under Section 10A-1-5.31, 10A-1-5.35, or
10A-1-5.36 with a written notice that explains the reason or reasons for denial. (b) The corporation
may appeal the denial of reinstatement to the circuit court of the county where its articles
of incorporation are filed within 30 days after service of the notice of denial is perfected.
A corporation created by an act of the Legislature prior to the adoption of the Constitution
of Alabama of 1901, or which resulted from a merger or consolidation, may appeal to the Circuit
Court of Montgomery County. The corporation appeals by petitioning the court to set aside
the dissolution and attaching to the petition copies...
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11-42-2
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent
to annexation. Whenever the council shall pass a resolution to the effect that the public
health or public good requires that certain territory (described in the resolution) shall
be brought within the limits of the city or town: (1) It shall be the duty of the mayor to
certify a copy of such resolution to the judge of probate of the county in which the land
proposed to be annexed is situated, and said certified resolution shall have attached thereto
a plat or map of said territory, which certified resolution and plat or map shall be filed
by the judge of probate. (2) Except as provided in subdivision (9) of this section, the judge
of probate shall, not less than 10 nor more than 15 days from the date of the filing of such
resolution, make and enter an order upon the minutes of said court, directing and ordering
an election to be held by the qualified electors residing within the territory...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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6-6-752
Section 6-6-752 Contents of petition; order to show cause; service of petition and order on
district attorney; publication of public notice. (a) The authority for issuing such obligations,
the fact that an election has been held and that such election was in favor of the issuance
of such obligations, if an election was required, the ordinances or resolutions authorizing
their issuance and the fact of their adoption, and all essential proceedings had or taken
in connection therewith, the amount of the obligations to be issued, the maximum rate of interest
they are to bear, when principal and interest are to be paid and the place of payment (unless
the successful bidder at public sale will have the right to name, designate, request, or suggest
the place of payment, which shall be stated if this is the case), the tax or other means provided
for their payment, the assessed value of the property in the unit, the amount of outstanding
indebtedness incurred and the date or dates when so...
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19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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43-2-697
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative
or filing of petition under Section 43-2-692. (a) The personal representative, or person
filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division
10 of this article, shall give notice of his or her appointment, or the filing of a petition
in accordance with Section 43-2-692, to the Medicaid Agency. The notice shall include all
of the following information: (1) The full legal name of the deceased. (2) The date of birth
of the deceased. (3) The date of death of the deceased. (4) The Social Security number of
the deceased. (5) The marital status of the deceased at the time of death. (6) The name, address,
and phone number of the spouse of the deceased, if applicable. (7) The court in which a probate
estate has been opened. (8) The probate case number. (9) The date on which letters testamentary
or letters of administration were issued by the probate court. (10) The name,...
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