33-2-5
Section 33-2-5 Power of eminent domain generally. There is hereby vested in the State Docks
Department power of eminent domain in carrying out the provisions of this article, which power
shall apply not only as to all property of private persons and corporations, except as limited
in Section 33-2-3, but also as to property already devoted to public use; provided, that the
State Docks Department shall have no authority to acquire without consent of the owner thereof
by condemnation any property now operated and used for port purposes or such purposes as the
State Docks Department is authorized to acquire and use property for, unless the necessity
therefor be alleged and proved. (Acts 1957, No. 311, p. 408, §5.)...
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33-2-6
Section 33-2-6 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of railroads and structures,
including railroad crossings, wharves, piers, elevators, compresses, warehouses, improvements
and riparian and littoral terminals and structures and convenient approaches thereto in furtherance
of the purposes of this article, the Alabama State Docks Department shall have the power to
acquire same by gift, lease, purchase, negotiation or condemnation, and, in condemning property,
it may proceed in any manner authorized by the general laws of the state for proceedings by
any county, municipality or corporation organized under the laws of this state to acquire
property by condemnation, subject to the restrictions contained in this article. (Acts 1957,
No. 311, p. 408, §6.)...
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33-16-8
Section 33-16-8 Powers enumerated. The authority shall have the following powers: (1) To have
succession by its corporate name without time limit; (2) To bring civil actions and have civil
actions brought against it and to prosecute and defend in any court having jurisdiction of
the subject matter and of the parties; (3) To have and to use a corporate seal and to alter
the same at pleasure; (4) To receive, take and hold by sale, gift, lease, devise or otherwise
real and personal property of every kind and description, and to manage the same; (5) To acquire
by purchase, gift or the exercise of the power of eminent domain, or any other lawful means,
and to convey or cause to be conveyed to the United States, the State of Alabama, any county
or municipality in the state, or to any agency, department or instrumentality of such political
entities, or to any public corporation, any real, personal or mixed property necessary or
convenient to the authority in the performance of its duties and...
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33-17-8
Section 33-17-8 Powers enumerated. The authority shall have the following powers: (1) To have
succession by its corporate name without time limit; (2) To bring civil actions and have civil
actions brought against it and to prosecute and defend in any court having jurisdiction of
the subject matter and of the parties; (3) To have and to use a corporate seal and to alter
the same at pleasure; (4) To receive, take and hold by sale, gift, lease, devise or otherwise
real and personal property of every kind and description, and to manage the same; (5) To acquire
by purchase, gift or the exercise of the power of eminent domain, or by any other lawful means,
any property, whether real, personal or mixed, the acquisition of which is found by the board
to be necessary or convenient to the authority in the carrying out of the purposes for which
the authority is authorized to be organized, and to lease or convey any such property or to
cause any such property to be leased or conveyed to the United...
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4-3-47
Section 4-3-47 Powers of authority generally. The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil actions, excepting actions in tort against the authority; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws
for the regulation and conduct of its affairs and business; (5) To acquire, receive, take
and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties and
whether within or without the corporate limits of any authorizing subdivision, and to manage
said property and to develop any property and to sell, exchange, lease or...
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33-2-3
Section 33-2-3 Acquisition, construction, maintenance, operation, etc., of facilities; plans
and survey; limitation upon right of eminent domain. Through the Alabama State Docks Department,
the state, in engaging in the works of internal improvements authorized by this article, shall
have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip,
control and operate along navigable rivers, streams or waterways and at river ports or landings
along navigable rivers, streams or waterways now or hereafter existing within the state, wharves,
piers, docks, quays, grain elevators, cotton compresses, warehouses, improvements and water
and rail terminals and such structures and facilities as may be needful for convenient use
of the same, in aid of commerce and use of navigable waterways of the state, to the fullest
extent practical and as the State Docks Department shall deem desirable or proper. This authority
shall include dredging of approaches to any facilities...
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33-1-12.1
Section 33-1-12.1 Additional powers. In addition to the powers conferred in this chapter and
by other applicable law, the port authority shall have the following powers: (1) To have and
use a corporate seal and to alter the same at pleasure. (2) To exercise the right of eminent
domain as freely and completely, and in the same manner, as the state has that power now or
at any time hereafter, and the power of eminent domain shall apply not only as to all property
of private persons or corporations but also as to property already devoted to public use.
(3) To acquire by purchase, gift, the exercise of the power of eminent domain, or other lawful
means, sell, rent, lease, and otherwise dispose of real, personal, or mixed property in its
own name, and to construct, improve, renovate, equip, and maintain the docks and its facilities.
(4) To receive, take, and hold by sale, gift, lease, devise, eminent domain, or other lawful
means, real and personal estate of every description in its own...
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33-2-124
Section 33-2-124 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of facilities and convenient
approaches thereto in furtherance of the purposes of this article, the department shall have
the power to acquire same by gift, lease, purchase, negotiation or condemnation. The department
shall have all powers with respect to the condemnation of properties for the purposes of this
article that were granted to that department in the 1957 Docks Act; and the exercise of such
powers hereunder shall be subject to all limitations and conditions prescribed in the 1957
Docks Act. (Acts 1967, No. 268, p. 765, §5.)...
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33-2-154
Section 33-2-154 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of facilities and convenient
approaches thereto in furtherance of the purposes of this article, the department shall have
the power to acquire same by gift, lease, purchase, negotiation or condemnation. The department
shall have all powers with respect to the condemnation of properties for the purposes of this
article that were granted to that department in the 1957 Docks Act; and the exercise of such
powers hereunder shall be subject to all limitations and conditions prescribed in the 1957
Docks Act. (Acts 1969, No. 472, p. 917, §5.)...
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33-2-35
Section 33-2-35 How property and rights-of-way may be acquired; eminent domain proceedings.
In acquiring rights-of-way and property necessary for the construction of dock facilities
and convenient approaches thereto in furtherance of the purposes of this article, the department
shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation.
The department shall have all powers with respect to the condemnation of properties for the
purposes of this article that were granted to that department in the 1957 Docks Act with respect
to the condemnation of properties for the purposes of the 1957 Docks Act; and the exercise
of such powers hereunder shall be subject to all limitations and conditions prescribed in
the 1957 Docks Act. (Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §6.)...
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