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18-1A-197
Section 18-1A-197 Factors upon which opinion as to value may not be based. Notwithstanding
the provisions of Sections 18-1A-192 to 18-1A-196(5), the following factors are not admissible
as a basis for an opinion as to the value of property: (1) The price or other terms and circumstances
of an acquisition of comparable property, where that property was or could have been acquired
in that transaction under the power of eminent domain; (2) The price at which property was
optioned, offered, mortgaged, or listed for purchase, sale, or lease; (3) The assessed value
of property for purposes of taxation; (4) Except as provided in subdivision (5) of Section
18-1A-193, the influence upon the value of the property being valued of an exercise of the
police power or of other noncompensable damage. (Acts 1985, No. 85-548, p. 802, §1108.)...
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19-3-120.2
Section 19-3-120.2 Standards for fiduciary investment and management. (a) When investing, reinvesting,
purchasing, acquiring, exchanging, selling and managing property for the benefit of another,
a trustee, executor, administrator, guardian, conservator or other fiduciary, other than a
trustee governed by Chapter 3B, shall act with the care, skill, prudence, and diligence under
the circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use to attain the purposes of the account. In making investment decisions,
a fiduciary shall consider the role that the investment plays within the account's overall
portfolio of assets and may consider the general economic conditions, the anticipated tax
consequences of the investment, the anticipated duration of the account and the needs of the
beneficiaries of the account. (b) The propriety of an investment decision is to be determined
by what a fiduciary knew or should have known at the time...
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2-2-14
Section 2-2-14 Livestock theft investigator. The Commissioner of Agriculture and Industries,
with the approval of the Governor, is hereby authorized to designate as "livestock theft
investigator" any employee or employees of the Department of Agriculture and Industries
performing duties relating to the enforcement of the livestock laws of this state. Such employee
or employees so designated shall, in addition to other duties of employment, perform work
involving investigations and the enforcement of all laws of the State of Alabama enacted for
the purpose of preventing theft and unlawful dealing in and handling of cattle and other livestock,
including the enforcement of livestock sanitary and disease control laws to the end that persons
who commit or who are charged with the commission of such unlawful offenses may be arrested
and prosecuted therefor. Employees of the Department of Agriculture and Industries designated
and approved under the provisions of this section as "livestock...
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26-1A-114
granted by the principal or that engages another person on behalf of the principal is not liable
for an act, error of judgment, or default of that person if the agent exercises care, competence,
and diligence in selecting and monitoring the person. (h) Except as otherwise provided in
the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions
conducted on behalf of the principal unless ordered by a court or requested by the principal,
a guardian, a conservator, another fiduciary acting for the principal, a governmental agency
having authority to protect the welfare of the principal, or, upon the death of the principal,
by the personal representative or successor in interest of the principal's estate.
If so requested, within 30 days the agent shall comply with the request or provide a writing
or other record substantiating why additional time is needed and shall comply with the request
within an additional 30 days. (Act 2011-683, p. 2015, §1.)...
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29-1-26
but not limited to, a local board of education, a two-year institution of higher education,
or a four-year institution of higher education. For purposes of this section, employee means
any of the following: (1) An employee as defined in Section 36-27-1, or a teacher as defined
in Section 16-25-1. An employee as defined in this subsection shall not include any person
receiving pension benefits from the Retirement Systems of Alabama. (2) A person who is personally
providing services under a personal or professional services contract paid for by the
department, agency, board, commission, or educational entity, including the Department of
Postsecondary Education or a two-year institution of higher education, except that persons
appointed by any court or any district attorney in this state to provide legal services on
a temporary, case-by-case, or part time basis shall not be considered an employee for purposes
of this section. (3) A person who has a substantial financial interest by...
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35-18-2
Section 35-18-2 Easement conveyed, recorded, assigned, etc.; term of easement; interest maintained;
condemnation. (a) Except as otherwise provided in this chapter, a conservation easement may
be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered
or affected in the same manner as other easements. A conservation easement may not be created
or expanded under this chapter by any state, county, or local governmental body through the
exercise of the power of eminent domain. (b) No right or duty in favor of or against a holder
and no right in favor of a person having a third-party right of enforcement arises under a
conservation easement before its acceptance by the holder and a recordation of the acceptance.
(c) Except as provided in subsection (b) of Section 35-18-3, the term of a conservation easement
shall be the term stated in the instrument creating the easement or, if no term is stated,
the lesser of 30 years or the life of the grantor, or upon...
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40-23-1
F.O.B. point and regardless of who selects the method of transportation, and regardless of
by whom or the method by which freight, postage, or other transportation charge is paid. Provided
further that, where billed as a separate item to and paid by the purchaser, the freight, postage,
or other transportation charge paid to a common carrier or the U.S. Postal Service is not
a part of the selling price. (6) GROSS PROCEEDS OF SALES. The value proceeding or accruing
from the sale of tangible personal property, and including the proceeds from the sale
of any property handled on consignment by the taxpayer, including merchandise of any kind
and character without any deduction on account of the cost of the property sold, the cost
of the materials used, labor or service cost, interest paid, any consumer excise taxes that
may be included within the sales price of the property sold, or any other expenses whatsoever,
and without any deductions on account of losses; provided, that cash...
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40-25-40
Section 40-25-40 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed to them in this section: (1) PERSON. Any individual, firm,
company, partnership, association, corporation, receiver or trustee, or any other group or
combination acting as a unit, and the plural as well as the singular number. (2) DEPARTMENT.
The Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) STORAGE. Any keeping or retention in this state for any purpose
except sale in the regular course of business or subsequent use solely outside this state
of the commodities subject to the provisions of this article. (5) USE. The exercise of any
right or power over the commodities subject to the provisions of this article, incident to
the ownership of those commodities or by any transaction where possession is given; except,
that it shall not include the sale of those commodities in the regular...
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8-33-2
Section 8-33-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADMINISTRATOR. A third party other than the warrantor who is designated by the
warrantor to be responsible for the administration of vehicle protection product warranties.
(2) COMMISSIONER. The Commissioner of the Department of Insurance. (3) DEPARTMENT. The Department
of Insurance. (4) INCIDENTAL COSTS. Expenses specified in the warranty incurred by the warranty
holder related to the failure of the vehicle protection product to perform as provided in
the warranty. Incidental costs may include, without limitation, insurance policy deductibles,
rental vehicle charges, the difference between the actual value of the stolen vehicle at the
time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction
fees, and mechanical inspection fees. (5) SERVICE CONTRACT. A contract or agreement as defined
in subdivision (13) of Section 8-32-2. (6) VEHICLE...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-33-2.htm - 3K - Match Info - Similar pages
9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers conferred
on it by law, the commission shall have the power to do all of the following: (1) Adopt, amend,
suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules
and regulations shall not be more stringent than those promulgated by federal law, or rule
or regulation, to control surface coal mining operations consistent with this article including
the declaration of public policy and legislative intent contained in Section 9-16-71. Such
rules and regulations may be for the state as a whole or may vary from area to area, as may
be appropriate to accomplish the policy and intent of this article and in order to take into
account varying local conditions. (2) Hold public hearings as may be specified by law relating
to any aspect or matter in the administration of this article and, in connection therewith,
administer oaths and compel the attendance of witnesses and the...
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