Code of Alabama

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23-1-45
Section 23-1-45 Acquisition of rights-of-way. Any other provision of law to the contrary notwithstanding,
the Director of Transportation shall have authority to acquire the rights-of-way deemed necessary
by the State Department of Transportation for the construction of a state road, either by
purchase or by the exercise of the right of eminent domain in condemnation proceedings as
provided under the laws of this state, or the county or municipality in which such road deemed
necessary by the Director of Transportation is located shall acquire such rights-of-way deemed
necessary by the Director of Transportation, when requested to do so by said Director of Transportation.
Should the county or municipality fail or refuse to acquire said rights-of-way, the Director
of Transportation shall have authority to acquire such rights-of-way as first above authorized.
Rights-of-way acquired under the provision of this section shall be paid for in the manner
prescribed by law. (Acts 1955, No. 566,...
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23-1-3
Section 23-1-3 Closing of public roads to traffic; acquisition of materials. The state, acting
through the State Department of Transportation and its duly authorized employees, and the
various counties of the state, acting through the county commissions and their duly authorized
employees, in the doing of public roads work shall have and exercise the right, power, and
authority, when deemed necessary or advisable to do so, to close public roads to traffic and,
when possible so to do, to make detour roads and to contract for such land as may be necessary
for such detour roads; also to acquire, by purchase, or by condemnation, land necessary for
drainage ditches and borrow pits, lime and stone quarries, clay and clay pits, sand and sand
pits and gravel and gravel pits, together with any and all other material of every character
that may be necessary or essential or desired in the construction and maintenance of highways
and bridges, and to tap and draw materials from the same to such...
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23-1-4
Section 23-1-4 Permit required to dig up, etc., roads for utilities, railroads, etc.; restoration
of road required upon completion of work; bond, etc., to guarantee restoration. No state-controlled
road shall be dug up or used for laying pipelines, pole lines, sewers, railways, or for other
similar purposes without the written permit of the State Department of Transportation, and
such work shall be done only in accordance with the regulations prescribed by the department,
and the cost of replacing the road in as good condition as it was before such work was done
shall be paid by the person, firm, or corporation to whom or in whose behalf such permit was
given. Such person, firm, or corporation so desiring such work shall furnish the state with
a cash deposit or certified check upon a solvent bank or surety bond in guaranty company qualified
to do business in Alabama, in the amount required by the State Department of Transportation,
conditioned that the sum is to be forfeited to the...
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23-1-50
Section 23-1-50 Authority to procure equipment; payment of expenses. Subject to the provisions
of Chapter 4, Title 41, the State Department of Transportation is authorized to rent, construct,
or purchase such buildings, stock, machinery, tools, materials, and other equipment as it
may find necessary for use in carrying out the provisions of this chapter and pay for the
same out of the State Highway Fund. It shall also, subject to the provisions of Chapter 4
of Title 41, pay out of said fund the necessary expenses of the department of every description,
including traveling expenses of the officials and engineers, superintendents, foremen and
clerks, etc., while in the actual performance of their duties authorized or imposed by this
chapter and also the cost of all supplies or materials furnished for said department and for
the maintenance of all machinery used by the department or its agent. (Code 1923, §1335;
Acts 1927, No. 347, p. 348; Code 1940, T. 23, §29.)...
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23-2-162
Section 23-2-162 Advertisement of plans; public hearing. Prior to building a new toll road
or expanding capacity on any existing public road for tolling purposes, the Department of
Transportation shall advertise for three consecutive weeks in the county or counties where
the toll road will be located its intent to build a new toll road or expand capacity on any
existing public road for tolling purposes, and it shall conduct a public hearing in each affected
county. (Act 2009-769, p. 2364, §3.)...
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9-16-14
Section 9-16-14 Applicability of provisions of article. The provisions of this article shall
not apply to surface mining activities of the State Department of Transportation or any city,
county or municipality incident to their activities in constructing, repairing and maintaining
the public road system in Alabama. The provisions of this section shall also extend to any
person, firm or corporation contracting with the State Department of Transportation or any
city, county or municipality to construct, repair and maintain public roads; provided, that
such contracts contain standards for the reclamation of all affected surface mining areas;
and provided further, that such standards have been approved by the department. (Acts 1969,
No. 399, p. 773, §15.)...
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23-1-65
Section 23-1-65 Disposal of surplus personal property - Availability; list of surplus property.
(a) Surplus personal property shall be made available at such times and places as determined
to be appropriate by the State Department of Transportation for inspection and acquisition
by the agencies determined to be eligible for the acquisition under criteria developed and
published by the State Department of Transportation. (b) The State Department of Transportation
shall periodically publish a list of all surplus personal property held by it at the time
of the publication. (c) The published list shall be made available to all state departments,
boards, bureaus, commissions, institutions, corporations, or agencies. (d) The published list
shall also be made available to all eligible counties, cities, boards of education, civil
defense agencies, and volunteer fire departments. (e) The State Department of Transportation
shall determine the manner in which the list of surplus personal property...
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23-5-2
Section 23-5-2 Driving around, destruction, etc., of detour or warning sign, or barricade or
fence. (a) For the purposes of this section, the following terms shall have the meanings respectively
ascribed to them by this subsection: (1) DETOUR SIGN. Any sign placed across or on a public
road of the state by the state, the county or municipal authorities, or by their contractors,
indicating that such road is closed or partially closed, which sign also indicates the direction
of an alternate route to be followed to give access to certain points. (2) WARNING SIGN. A
sign indicating construction work in area. (3) BARRICADE. A barrier for obstructing the passage
of motor vehicle traffic. (4) FENCE. A barrier to prevent the intrusion of motor vehicle traffic.
(5) OFFICIALLY CLOSED. A highway or road that has been officially closed by a governmental
unit, the State Department of Transportation, a city or a county. (b) Any person who wilfully
destroys, knocks down, removes, defaces or alters...
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23-6-9
Section 23-6-9 Disposition of bond proceeds; industrial access road and bridge construction
account; refunding bonds; contracts for construction, etc., of roads and bridges; performance
of work done without contract; property acquired by corporation; roads and bridges constructed
to be part of public highway system; appropriation for road and bridge construction. The proceeds
of all bonds, other than refunding bonds, issued by the corporation, remaining after paying
the expenses of their issuance, shall be turned into the treasury, shall be carried in a special
industrial access road and bridge construction account, and shall be available to be drawn
upon by the corporation, upon the approval of the State Department of Transportation and the
Governor, but solely for the purpose of constructing, reconstructing, and relocating industrial
access roads and bridges and work incidental or related thereto, including the acquisition
of property necessary therefor. Moneys on deposit in the...
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45-25-130
Section 45-25-130 Qualifications; compensation; duties; employment of road supervisor. (a)
The DeKalb County Commission shall employ a county engineer, who shall be a thoroughly qualified
and competent, licensed professional civil engineer, possessing all of the qualifications
as specified for county engineers under the general laws of the State of Alabama. The engineer
shall reside within DeKalb County during his or her employment. (b) The county commission
shall fix the amount of the salary of the county engineer in an amount to be determined by
the county commission and as approved by the State Department of Transportation as appropriate
for experience, training, and education. The compensation shall be paid in equal monthly payments
from the county gasoline tax or road and highway funds as appropriate. (c) The employment
of the county engineer shall be made by contract to include all terms and requirements addressed
within this section and shall fully disclose all salaries, raises,...
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