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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition of all
terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as
necessary may be promulgated as regulations by the department for further implementation of
this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4) CLEANUP.
For purposes of this chapter, cleanup means the cleaning up, remediation,...
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6-5-346
Section 6-5-346 Defense of self, others, and property. (a) As used in this section, property
shall mean real property and buildings, structures, and improvements thereon. (b) Any person
who unlawfully enters or attempts to enter upon the property of another for the purposes of
engaging in criminal conduct, for purposes of civil liability only, assumes the risk for any
injury caused or resulting to him or her due to the commission or effort to commit criminal
conduct; provided the property owner acts as a reasonably prudent person would act under same
or similar circumstances. The owner and his or her agents shall be immune from any civil liability
due to the reasonable and proportionate acts of the owner or his or her agents in resisting
the commission of the criminal conduct; provided that the person acts as a prudent person
would act under same or similar circumstances. (c) The provisions of this section do not apply
to the creation of a hidden hazardous or hidden dangerous condition...
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13A-11-91
Section 13A-11-91 Liability of employers, etc., for damages resulting from presence of firearms.
(a) Except as provided in subsection (g) of Section 13A-11-90, an employer and the owner and/or
lawful possessor of the property on which the employer is situated shall be absolutely immune
from any claim, cause of action or lawsuit that may be brought by any person seeking any form
of damages that are alleged to arise, directly or indirectly, as a result of any firearm brought
onto the property of the employer, owner, or lawful possessor by an employee, including a
firearm that is transported in an employee's privately owned motor vehicle. (b) The presence
of a firearm or ammunition on an employer's property under the authority of Act 2013-283 does
not, by itself, constitute the failure by the employer to provide a safe workplace. (c) For
the purposes of Act 2013-283, a public or private employer, or the employer's principal, officer,
director, employee, or agent, does not have a duty: (1)...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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18-1A-22
Section 18-1A-22 Offer to purchase at full appraised value; amount of compensation; written
statement and summary; waiver valuation. (a)(1) Before commencing a condemnation action, the
condemnor shall establish an amount based on an appraisal, except as otherwise provided in
subsection (e), which it believes to be just compensation therefor and promptly shall submit
to the owner an offer to acquire the property for the full amount so established. (2) The
amount may not be less than the condemnor's established amount of just compensation for the
property. (b) In a total taking, the condemnor shall disregard any decrease or increase in
the fair market value of the property caused by the project for which the property is to be
acquired or by the reasonable likelihood that the property will be acquired for that project,
other than normal depreciation. (c)(1) The amount of compensation to which the owners and
other parties interested therein are entitled may not be reduced or diminished...
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18-4-16
Section 18-4-16 Expenses incurred from condemnation proceedings. Where a condemnation proceeding
is instituted by a state agency to acquire real property and the final judgment is that the
real property cannot be acquired by condemnation, and the proceeding is abandoned, the owner
of any right, title, or interest in real property shall be paid a sum that shall, in the opinion
of the court, reimburse the owner for his or her reasonable costs, disbursements, and expenses
including reasonable attorney, appraisal, and engineering fees, actually incurred because
of the condemnation proceedings. The award of the sums will be paid by the state agency which
sought to condemn the property. (Act 99-582, p. 1318, §17.)...
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38-1-5
Section 38-1-5 Civil actions against certain persons owning property and supported at public
charge. If any person who has received any relief, support or maintenance at public charge,
under Chapter 8 of this title or as an inmate of any state, county or municipal institution,
was at the time of receiving such relief, support or maintenance the owner of property, the
authorities charged with the care of the poor of the municipality or the authorities in charge
of the institution chargeable with such relief, support or maintenance may file a civil action
for and collect the value of the same against such person and against his estate. In any such
action or proceeding, the statutes of limitation shall not be placed in defense, but the court
may, in its discretion, refuse to enter judgment or allow the claim in favor of the claimant
in any case where a parent, wife or child is dependent on such property for support. The records
kept by the state, county or municipality, for the purpose of...
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6-5-345
Section 6-5-345 Duty of care owed by possessor of real property to certain trespassers. (a)
For the purpose of this section, the following words have the following meanings: (1) POSSESSOR
OF REAL PROPERTY or POSSESSOR. The owner, lessee, renter, or other lawful occupant of real
property. (2) TRESPASSER. A person who goes upon the premises of another without permission
or invitation, expressed or implied, or who, after rightfully entering upon the premises of
another, remains on the premises after consent or license to enter or use the premises has
been terminated. (b)(1) A possessor of real property owes no duty of care to a trespasser
except to: a. Refrain from causing wanton or intentional injury, including by a trap or pitfall.
b. Exercise reasonable care to avoid causing injury to a known trespasser in a position of
peril and to use reasonable care to warn a known trespasser of dangers known by the possessor
to exist on the property. c. Exercise reasonable diligence to warn a...
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9-2-9
Section 9-2-9 Commissioner of Conservation and Natural Resources - Powers and duties as to
state parks, etc., generally. The Commissioner of Conservation and Natural Resources, acting
through the Division of Parks, shall have the following powers and authorities: (1) To acquire
in the name of the State of Alabama by purchase, lease, agreement, license, condemnation or
otherwise land deemed necessary or desirable to be preserved, improved, protected and maintained
as a part of the state park system and to accept in his discretion, in fee or otherwise, land
donated, entrusted, conveyed or devised to the state for like purposes and with like discretion
to accept gifts, contributions or bequests of money or other personal property of value to
be used or expended for the benefit of the state park system; (2) To contract and make cooperative
agreements with the federal government and with states, counties, municipalities, corporations,
associations or individuals for the purpose of...
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18-1A-32
Section 18-1A-32 Condemnation action required; inverse condemnation. (a) If property is to
be acquired by a condemnor through the exercise of its power of eminent domain, the condemnor
shall commence a condemnation action for that purpose. A condemnor shall not intentionally
make it necessary for an owner of property to commence an action, including an action in inverse
condemnation, to prove the fact of the taking of his property. (b) The judgment and any settlement
in an inverse condemnation action awarding or allowing compensation to the plaintiff for the
taking or damaging of property by a condemnor shall include the plaintiff's litigation expenses.
(Acts 1985, No. 85-548, p. 802, §213.)...
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