35-4-302
Section 35-4-302 Release of powers. (a) Any power which is exercisable by deed, by will, by
deed or will, or otherwise, whether general or special, other than a power in trust which
is imperative, is releasable, either with or without consideration, by written instrument
signed by the grantee and delivered as provided in this section. (b) A power which is releasable
may be released with respect to the whole or any part of the property subject to such power
and may also be released in such manner as to reduce or limit the persons or objects, or classes
of persons or objects, in whose favor such power would otherwise be exercisable. No release
of a power shall be deemed to make imperative a power which was not imperative prior to such
release unless the instrument of release expressly so provides. (c) Such release may be delivered
to any of the following: (1) Any person specified for such purpose in the instrument creating
the power. (2) Any trustee of the property to which the power...
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16-54-16
Section 16-54-16 Lease or disposal of lands, including lands received by federal grant; proceeds
to be paid into restricted endowment. The lands now owned by the University of Montevallo
or granted by the United States or by the Congress of the United States to the State of Alabama
for the use of this institution, shall be leased, sold, conveyed or disposed of only by the
board of trustees; provided, that the board of trustees may delegate to its executive committee
of three or more of its members the right and power to lease or sell any of said lands, and
when any lease or sale shall have been made as herein provided, the Governor, upon request
of the board of trustees, or its executive committee, as the case may be, shall execute contracts
of lease or deeds of conveyance as may have been agreed on between the board or its executive
committee and the lessee or purchaser. All the proceeds arising from the sale, rental or lease
of federally granted lands, or any of the rights thereunto...
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2-5A-1
Section 2-5A-1 Establishment; powers and duties. (a) The Farmers' Market Authority is established
in the Department of Agriculture and Industries. The authority shall have the powers and duties
to establish agricultural markets to prevent waste and to provide marketing facilities where
farm products, including fruits, vegetables, nuts, truck crops, and other agricultural commodities,
and fish products, including, but not limited to, farm-raised fish, shellfish, and wild fish,
may be processed, graded, packaged, displayed, or exhibited in order to encourage the buying
and selling of the commodities, and to encourage the public interest, thus promoting good
will between the rural and urban sectors of the State of Alabama. The Commissioner of the
Department of Agriculture and Industries, with approval of the Board of Agriculture and Industries,
may procure by purchase, lease, rent, gift, or otherwise, necessary market sites in this state
on which to conduct farmers' markets. (b)...
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8-9A-3
Section 8-9A-3 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise to furnish support to the debtor or another person made otherwise than
in the ordinary course of the promisor's business. (b) For the purposes of subsection (c)
of Section 8-9A-4 and subsection (a) of Section 8-9A-5, a person gives a reasonably equivalent
value if the person acquires an interest of the debtor in an asset pursuant to a regularly
conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition
or disposition of the interest of the debtor upon default under a mortgage, deed of trust,
or security agreement. (c) A transfer is made for present value if the exchange between the
debtor and the transferee is intended by them to be contemporaneous and is in fact substantially
contemporaneous. (Acts 1989, No. 89-793, p. 1585, §3.)...
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8-9B-4
Section 8-9B-4 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise made otherwise than in the ordinary course of the promisor's business
to furnish support to the debtor or another person. (b) For the purposes of Section 8-9B-5
(a)(2) and Section 8-9B-6, a person gives a reasonably equivalent value if the person acquires
an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure
sale or execution of a power of sale for the acquisition or disposition of the interest of
the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer
is made for present value if the exchange between the debtor and the transferee is intended
by them to be contemporaneous and is in fact substantially contemporaneous. (Act 2018-163,
§1.)...
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35-4-74
Section 35-4-74 Necessity for including plat or description of plat book, etc.; probate judge
not liable for good faith error. (a) No instrument, other than a will, purporting to create
or transfer any interest in land shall be accepted for record by a probate judge if such instrument
describes the land in which such interest is to be created or transferred by reference to
a plat and the plat is not attached to and made a part of the instrument or the instrument
does not describe the plat book and the office in which such plat book is to be found and
there is no description of the land by metes and bounds; provided, that this section shall
apply only to instruments executed subsequent to July 21, 1972; provided further, that where,
prior to July 21, 1972, any person has received a conveyance of land, or any interest therein,
in which the land is described by reference to a plat which is not recorded and which is not
available to him, this section shall not apply if the grantor or...
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35-8A-312
Section 35-8A-312 Conveyance or encumbrance of common elements. (a) In a condominium portions
of the common elements may be conveyed or subjected to a security interest by the association
if persons entitled to cast at least 80 percent of the votes in the association, including
80 percent of the votes allocated to units not owned by a declarant, or any larger percentage
the declaration specifies, agree to that action; but all the owners of units to which any
limited common element is allocated must agree in order to convey that limited common element
or subject it to a security interest. The declaration may specify a smaller percentage only
if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale
or loan are an asset of the association. (b) An agreement to convey common elements in a condominium
or subject them to a security interest must be evidenced by the execution of an agreement,
or ratifications thereof, in the same manner as a deed, by the...
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45-49-41
Section 45-49-41 Definitions. For purposes of this part, the following terms have the following
meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and
the grantee in either the operation of the dealership business or the marketing of such goods
and services. (2) DEALERSHIP AGREEMENT. An agreement or contract, either express or implied,
between two or more persons, by which a person is granted the right to sell or distribute
liquid goods, or use a trade name, trademark, service mark, logotype, advertising, or other
commercial symbol in the sale of liquid goods, in which there is a community of interest in
the business of offering, selling, or distributing liquid goods at wholesale, retail, by lease,
agreement, or otherwise. (3) GOOD CAUSE. Failure by a dealer to comply substantially with
a provision of the dealership agreement which is both reasonable and of material significance
to the business relationship between the dealer and grantor, provided...
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10A-20-1.04
Section 10A-20-1.04 Powers. A corporation sole under this article shall have the following
powers: (1) To have succession by its corporate name perpetually; (2) To sue and be sued and
defend; (3) To make and use a corporate seal and alter the same at pleasure; (4) To receive,
take and hold, by sale, gift, lease, devise, or otherwise, real and personal estate of every
description for charitable, educational, burial, religious, and church purposes and to manage
and dispose of the same by any form of legal conveyance or transfer with full power and authority
to borrow money and to convey by mortgage deed; (5) To acquire, hold, purchase, receive by
bequest or devise, and to convey or otherwise dispose of all such real, personal, and mixed
property as may be necessary or convenient for the construction, operation, or maintenance
of the diocesan enterprises or for the conduct or management of the business or businesses
of the diocese of the bishop, or as the purposes of the bishop may...
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35-8A-201
Section 35-8A-201 Creation of condominium. (a) A condominium may be created pursuant to this
chapter only by filing a declaration executed in the same manner as a deed with the judge
of probate in every county in which any portion of the condominium is located. (b) The judge
of probate shall index the declaration of condominium in the grantee's index in the name of
the condominium and the association and in the grantor's index in the name of each person
executing the declaration. (c) A declaration or an amendment to a declaration adding units
to a condominium is not effective unless all structural components and mechanical systems
of all buildings containing or comprising any units thereby created are substantially complete,
as evidenced by a recorded certificate of substantial completion of structural and mechanical
systems executed by an independent registered engineer or independent registered architect.
(Acts 1990, No. 90-551, p. 858, §2-101; Act 2018-403, §1.)...
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