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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and contents
used in conducting the nuisance not already released under authority of the court as provided
in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such
thereof as belonged to the defendants notified or appearing in the manner provided for the
sale of chattels under execution. (b) Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property as provided in Section 6-5-148 or,
if not so furnished, shall continue for one year any closing order issued at the time of granting
the preliminary injunction or, if no such closing order was then...
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12-19-272
Section 12-19-272 Court to award fees and costs against attorney or party who brought action
without substantial justification; voluntary dismissal. (a) Except as otherwise provided in
this article, in any civil action commenced or appealed in any court of record in this state,
the court shall award, as part of its judgment and in addition to any other costs otherwise
assessed, reasonable attorneys' fees and costs against any attorney or party, or both, who
has brought a civil action, or asserted a claim therein, or interposed a defense, that a court
determines to be without substantial justification, either in whole or part; (b) When a court
determines reasonable attorneys' fees or costs should be assessed it shall assess the payment
thereof against the offending attorneys or parties, or both, and in its discretion may allocate
among them, as it determines most just, and may assess the full amount or any portion thereof
to any offending attorney or party; (c) The court shall assess...
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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal
offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent
proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank,
credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or
lienholder of property that is subject to forfeiture, including any of the following: a. A
person who has a valid claim, lien, or other interest in the property seized who did not know
or consent to the conduct that caused the property to be forfeited, seized, or abandoned under
subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission
of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal
offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference with possession
or use of, property caused by his entry and activities upon the property. This liability may
be enforced in a subsequent condemnation proceeding filed within the period specified as a
retention period in Section 18-1A-52 or, if no such proceeding is filed within such period
of time, by civil action with the right of trial by jury on demand of either party. (b) If
funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person entitled
to damages under subsection (a) may apply to the circuit court for payment of his damages
from such funds. If the amount on deposit is insufficient to pay the full amount, the circuit
court shall enter judgment against the condemnor for the unpaid portion. (Acts 1985, No. 85-548,
p. 802, §305.)...
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41-10-396
Section 41-10-396 Powers of authority generally. The authority shall have the following powers
among others specified in this article: (1) To have succession by its corporate names until
dissolved as provided in this article; (2) To institute legal proceedings in any court of
competent jurisdiction to enforce its contractual, statutory and other rights; provided that
the authority shall be considered an instrumentality of the State of Alabama and entitled
to the sovereign immunity of the state; provided further, that any claim, demand or action
against the authority, or any of its directors, officers, employees or agents arising out
of their official capacities, shall be presented to the Board of Adjustment, which shall have
exclusive jurisdiction of any such claim, demand or action; (3) To have and to use a corporate
seal and to alter the same at pleasure; (4) To make and alter all needful bylaws, rules and
regulations for the transaction of the authority's business and the control of...
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6-10-30
Section 6-10-30 Contest of exemption claim - Trial of issues. The contest of any claim of exemptions
shall be a preferred case, and after the return of the process, if both parties appear, an
issue or issues shall be formed under the direction of the court as to whether the property
in contest, or any and what part of it, is exempt as claimed. Such issue or issues shall be
tried as other cases are tried. In all cases, the party in whose favor the levy was made shall
be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall
be entitled to the same right of objection, exception, and of appeal as in other cases. (Code
1876, §2838; Code 1886, §2526; Code 1896, §2052; Code 1907, §4179; Code 1923, §7901;
Code 1940, T. 7, §644.)...
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9-10A-14
Section 9-10A-14 Powers of board. The board of directors of a watershed management authority
shall have power to: (1) Acquire, by purchase, gift, grant, bequest or devise, or through
condemnation proceedings held in the manner provided by Chapter 1A of Title 18, such lands
or rights-of-way as are necessary for the exercise of any authorized function of the authority.
Prior to commencing condemnation proceedings upon land or rights-of-way in the manner provided
by Chapter 1A of Title 18, the board of directors of a watershed management authority shall
conduct a public hearing regarding the commencement of said condemnation proceedings. The
board of directors, prior to the public hearing shall publish notice of the public hearing
at least twice, with an interval of at least seven days between the two publication dates,
in a newspaper or other publication of general circulation within the county or counties where
the land or right-of-way is situated. If no such publication of general...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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11-70-2
Section 11-70-2 Initiation and notice of action. (a) Class 2 municipalities may initiate an
expedited quiet title and foreclosure action under this chapter against a parcel of tax sale
property located within its municipal limits and purchased by the municipality. The municipality
shall record, in the office of the judge of probate in the county in which the property is
located, a notice of its intention to file an expedited quiet title and foreclosure action.
The notice shall include a legal description of the property, street address of the property
if available, a statement that the property is subject to expedited quiet title and foreclosure
proceedings under this chapter, and a statement that those proceedings may extinguish any
legal interests in the property. As used herein, interested parties shall mean the owner,
his or her heirs or personal representatives, any mortgagee or purchaser of the subject property
or any part thereof, and any party with an interest in the property,...
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11-70A-2
Section 11-70A-2 Initiation and notice of action. (a) Any Class 3 municipality may initiate
an expedited quiet title and foreclosure action under this section against a parcel of tax
sale property located within its municipal limits and purchased by the municipality from the
State Land Commissioner. The municipality shall record, in the office of the judge of probate
in the county in which the property is located, a notice of its intention to file an expedited
quiet title and foreclosure action. The notice shall include a legal description of the property,
street address of the property if available, a statement that the property is subject to expedited
quiet title and foreclosure proceedings under this chapter, and a statement that those proceedings
may extinguish any legal interests in the property. As used herein, "interested parties"
shall mean the owner, his or her heirs or personal representatives, any mortgagee or purchaser
of the subject property or any part thereof, and any...
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