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23-4-2
Section 23-4-2 Procedure. (a) Whenever the governing body of a municipality or county
proposes to vacate a public street, alley, or highway, or portion thereof, the governing body
shall schedule a public hearing prior to taking final action and shall publish notice of the
proposed hearing on the vacation in a newspaper of general circulation in the portion of the
county where the street, alley, or highway lies once a week for four consecutive weeks in
the county prior to deciding the issue at a regularly scheduled meeting of the governing body.
A copy of the notice shall be posted on a bulletin board at the county courthouse and shall
also be served by U.S. mail at least 30 days prior to the scheduled meeting on any abutting
owner and on any entity known to have facilities or equipment such as utility lines, both
aerial or buried, within the public right-of-way of the street, alley, or highway to be vacated.
The notice shall describe the street, alley, highway, or portion thereof...
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23-4-20
Section 23-4-20 Vacation of street or alley. (a) Subject to the conditions set out in
this subsection, any street or alley may be vacated, in whole or in part, by the owner or
owners of the land abutting the street or alley or abutting that portion of the street or
alley desired to be vacated by following the procedures set out herein. The owner or owners
of the land abutting the street or alley to be vacated shall join in a written petition requesting
that the street or alley be vacated and shall file the petition with the governing body with
jurisdiction over the street or alley, or portion thereof, requesting the governing body's
approval of the vacation. The governing body shall set the request for vacation for public
hearing within 100 days from the date the petition is received. Notice of the hearing shall
be provided as set out in Section 36-25A-3 for notice of meetings of the governing
body and shall describe the street or alley, or portion thereof, requested to be vacated in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-4-20.htm - 7K - Match Info - Similar pages
11-49-100
Section 11-49-100 Adoption of ordinance for vacation of street and erection of public
building, etc., thereon - Authorized generally. Whenever in the judgment of the council or
other governing body of any town or city it is to the interest of the public convenience that
a portion of any street in the limits of such city or town be vacated and discontinued as
a highway and that such vacated portion should be used for the erection and maintenance in
whole or in part thereon of any state, county, or municipal public building or railroad station
or depot or street railroad station or depot, such city or town council or other governing
body may, by ordinance duly adopted, vacate such portions of such street and discontinue its
use as a public highway and permit the erection and maintenance in whole or in part thereon
of a state, county, or municipal public building or railroad station or depot or street railroad
station or depot. (Acts 1909, No. 67, p. 102; Code 1923, §2238; Code 1940, T....
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section,
the following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of
the tax levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections
40-17-140 to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel.
(7) LOCAL SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-359.htm - 28K - Match Info - Similar pages
11-49-6
Section 11-49-6 Vacation of right-of-way fee. Prior to the exercise of the power of
a municipality incorporated in this state to vacate the public right-of-way for a road, street,
alley, or other dedicated public way, open or unopen, as a condition of exercise of such power
to vacate, the governing body may require abutting landowners who will directly benefit from
such vacation to pay to such municipality a vacation of right-of-way fee equal to the fair
market value of the land which will be added to the holdings of such abutting landowners.
Such fair market value shall be determined by the governing body of the municipality after
a public hearing, notice of which shall be published in a daily newspaper of general circulation
at least five days prior thereto and mailed to such address or addresses as may be set forth
in the application by abutting owners for the vacation of right-of-way unless a waiver of
such notice to abutting landowners is filed by such abutting landowners with the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-49-6.htm - 2K - Match Info - Similar pages
35-2-54
Section 35-2-54 Vacation of streets or alleys by abutting landowners. Any street or
alley shown by any map, plat, or survey, whether such map or plat is executed and recorded
as provided by law or not, may be vacated, in whole or in part, by the owner or owners of
the lands abutting the street or alley (or that portion of the street or alley desired to
be vacated), or their executors, administrators, or guardian, joining in a written instrument
declaring the same to be vacated, such written instrument to be executed, acknowledged, and
recorded in like manner as conveyances of land, which declaration being duly recorded shall
operate to destroy the force and effect of the dedication by the map, plat, or survey and
to divest all public rights, including any rights which may have been acquired by prescription,
in that part of the street or alley so vacated. If any such street or alley is within the
limits of any municipality, the assent of the mayor and aldermen or other governing body of...
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23-4-5
Section 23-4-5 Appeals. Any party affected by the vacation of a street, alley, or highway
pursuant to this chapter may appeal within 30 days of the decision of the governing body vacating
the street to the circuit court of the county in which the lands are situated, and upon such
appeal, the proceeding shall be tried de novo, either party having the right to demand trial
by jury when and as demand is authorized in civil actions. The appeal shall not suspend the
effect of the decision of the governing body unless the appealing party shall give bond, with
sureties, in an amount to be determined by the circuit judge. From the judgment of the circuit
court, an appeal may be taken within 42 days by either party to the Court of Civil Appeals
or the Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Acts 1931,
No. 49, p. 62; Code 1940, T. 56, §30; Act 2004-323, p. 548, §1.)...
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32-1-1.1
Section 32-1-1.1 Definitions. The following words and phrases when used in this title,
for the purpose of this title, shall have meanings respectively ascribed to them in this section,
except when the context otherwise requires: (1) ALLEY. A street or highway intended to provide
access to the rear or side of lots or buildings in urban districts and not intended for the
purpose of through vehicular traffic. (2) ARTERIAL STREET. Any United States or state numbered
route, controlled-access highway, or other major radial or circumferential street or highway
designated by local authorities within their respective jurisdictions as part of a major arterial
system of streets or highways. (3) AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles,
police vehicles, and ambulances as are publicly owned, and such other publicly or privately
owned vehicles as are designated by the Secretary of the Alabama State Law Enforcement Agency
or the chief of police of an incorporated city. (4) BICYCLE....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-1-1.1.htm - 22K - Match Info - Similar pages
37-2-84
Section 37-2-84 Abandonment and discontinuance of grade crossings. (a) The Department
of Transportation is given authority and power to abandon and discontinue any portion of a
state highway, or street on a state highway route with the approval of the city council or
governing body of any municipality, crossing the tracks or right-of-way of any railroad or
street railway within the state, and to close the grade crossing, whenever in the judgment
of the department the grade crossing has ceased to be necessary for the public as a part of
any state highway, because of relocation of the highway, or because of the construction of
an underpass or overpass, or other provision made for the elimination of the grade crossing.
Whenever the department orders the abandonment of a portion of the highway or street and the
closing of a grade crossing, it shall enter its order providing therefor in the department
minutes. Notice in writing of the abandonment and discontinuance of the portion of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-84.htm - 5K - Match Info - Similar pages
35-2-55
Section 35-2-55 Validation, ratification, and confirmation of vacation of streets, etc.
Every change in location, or vacation, or attempted vacation of any road, street, avenue,
or alley, or any part thereof, by the owner or owners of lands abutting thereon, or upon which
such road, street, avenue, or alley is located, when such vacation, or attempted vacation,
or change of location was in a city or town and was assented to, acquiesced in, or authorized
by the governing body thereof (or if it was without a city or town when such vacation, or
attempted vacation, or change of location when made was assented to, acquiesced in, or authorized
by the county commission, or which has been or may be hereafter ratified or confirmed by the
county commission) is and shall be validated, ratified, and confirmed, and all rights of the
public in any such road, street, avenue, or alley, or the part thereof so vacated, or attempted
to be vacated, including all rights acquired by prescription, are and...
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