9-16-126
Section 9-16-126 Right of entry. (a) If the director makes a finding in writing with supporting
facts that: (1) Land or water resources have been adversely affected by past coal mining practices;
and (2) The adverse effects are at a stage where, in the public interest, action to restore,
reclaim, abate, control, or prevent should be taken; and (3) The owners of the land or water
resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices are not known, or readily available; or (4) The owners
will not give permission for the state or its agents, employees, or contractors to enter upon
such property to restore, reclaim, abate, control, or prevent the adverse effects of past
coal mining practices. Then, upon giving notice by mail to the owners if known or if not known
by posting notice upon the premises and advertising once in a newspaper of general circulation
in the municipality in which the land lies, the...
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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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13A-11-91
lot, parking garage, or other parking area the employer provides for employees; or (2) To investigate,
confirm, or determine an employee's compliance with laws related to the ownership or possession
of a firearm or ammunition or the transportation and storage of a firearm or ammunition. (d)
Nothing in this section shall be construed to provide immunity from liability to an employer,
business entity, or property owner for his or her own affirmative wrongful acts that cause
harm, damage, or injury to another. (e) The denial by a court of a Motion to Dismiss
based on immunity grounds shall be appealable in the same manner as a final order to the appellate
court which would otherwise have jurisdiction over the appeal from a final order of the action.
Such appeal may only be filed within 42 days of the order denying the Motion to Dismiss. The
filing of such appeal, the failure to file an appeal, or the affirmance of the denial of the
Motion to Dismiss shall in no way affect the right of...
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35-4-136
Section 35-4-136 Record of termination of action; microfilm. Where the action, proceeding,
or levy, notice of which has been entered in the lis pendens record, shall be terminated,
whether on the merits or not, the court wherein the same was pending may direct the judge
of probate who has custody of the record to make such entry thereof as he shall prescribe,
to give notice of the result of the action, proceeding, or levy and of the devolution of the
land, and the judge of probate shall at once, on presentation thereof, file and record an
entry and note the date of filing and recording on the record; provided, that where an application
has been made for an order of condemnation of land, or any interest therein, the probate judge
shall make such entry on his own motion. The officer or party filing such notice must, within
30 days after demand, enter on the margin of the record of the same satisfaction of such claim
under the lis pendens notice whenever the same shall have been fully...
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40-10-11
Section 40-10-11 Decree of sale. If service of such notice is perfected 10 days before the
commencement of the term to which the same is returnable, the cause shall stand for trial
at such term; and if no defense is interposed or if interposed and on trial thereof the same
is adjudged insufficient in law or is not sustained by the evidence adduced, the probate court
shall make and enter on such book or docket, a decree of sale substantially in the following
form: "It appearing to the court that the taxes have been assessed against the person
mentioned in this cause (or if the assessment is to owner unknown that the taxes have been
assessed on real estate mentioned in this cause) to the amount of (state amount here) dollars
for the year ___, and that the same are still due and unpaid or have been paid by the holder
of a tax lien certificate, and it further appearing that notice of this proceeding has been
given as required by law, and no valid defense has been interposed against...
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40-3-19
Section 40-3-19 Meetings - Hearing objections to valuations. For the purpose of hearing objections
filed in writing to any assessments or valuations fixed as provided for herein, the boards
of equalization shall sit at the courthouse in their respective counties on the date specified
by the Department of Revenue in each year, and shall continue as long as may be necessary;
provided, that the sitting shall not be extended beyond the second Monday in July, unless
otherwise ordered by the Department of Revenue, to dispose of all cases where objections to
valuations or assessments have been filed in writing by any taxpayer, as provided in this
chapter. For the purpose of hearing objections filed in writing to any assessments or valuations
fixed as provided for herein, in counties where the board of equalization serves full time,
the boards of equalization shall sit at the courthouse in their respective counties, beginning
on the date specified by the Department of Revenue, to dispose of...
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8-19-10
to the office of the Attorney General and to the local district attorney and, upon entry of
any injunction, judgment, or decree in the action, shall mail a copy of such injunction, judgment,
or decree to the office of the Attorney General and to the local district attorney. (e) At
least 15 days prior to the filing of any action under this section, a written demand for relief,
identifying the claimant and reasonably describing the unfair or deceptive act or practice
relied upon and the injury suffered, shall be communicated to any prospective respondent
by placing in the United States mail or otherwise. Any person receiving such a demand for
relief who, within 15 days of the delivering of the demand for relief, makes a written tender
of settlement which is rejected by the claimant may, in any subsequent action, file the written
tender and an affidavit concerning this rejection. If the court finds that the relief tendered
was sufficient to compensate the petitioner for his or her...
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12-17-274
Section 12-17-274 Compensation; cost-of-living and merit increases. (a) An official court reporter
shall be paid a salary by the state in an amount as shall be established by law, to be paid
as other state employees are paid. (b)(1) In addition to the salary paid by the state, each
official court reporter shall be paid a salary by the counties composing the circuit in an
amount as shall be established by law. (2) In circuits composed of more than one county, each
county shall pay its pro rata part thereof, based on the assessed tax valuation of all property
in the county for the preceding year. (3) The payments shall be made in favor of the official
court reporter for the respective amounts due by the several counties each month and shall
be paid by the treasurer of each county out of the general fund. (c) This section shall not
be construed to repeal or amend any local law, special law, general law, or general law of
local application providing extra allowances, compensation, or...
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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state under
the prohibition laws of this state, the defendant in the proceedings or the claimant of the
property shall have the right to execute a bond in double the value of such property or of
any item thereof, with good and sufficient surety, to be approved by the sheriff or the register
or clerk of the circuit court and conditioned, in the event the said property is condemned,
to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation
and to pay any difference between the value of said property at the time of the seizure and
the time of the delivery to the sheriff after condemnation, such...
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40-11-1
and all capital invested in bonds or currency which are exempt from taxation shall be liable
to be taxed under this section should such capital at any time during the year be reconverted
into money, bonds, or property which is taxable, unless it is made to appear that the money,
bonds, or property into which such reconversion may be made has been assessed for taxes for
such year; (8) All roadbed, track, engines, cars, derricks, cranes, signals, crossties, and
other property, real and personal, of railroads, of mining and manufacturing plants,
and all tramroads, pole-roads, canals, ditches, and channels used for transporting or moving
mineral ore, lumber, timber, logs, minerals, coal, ore, sand, gravel, or other commodities,
whether raw or manufactured, which are not taxed as improvements on the land or plant or main
property, of the owner of such tramroads, pole-roads, canals, ditches, or channels; (9) Repealed
by Act 99-665, 2nd Sp. Sess., § 9. As to effective date, see the...
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