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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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9-9-2
Section 9-9-2 Definitions. Whenever used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) NOTICE BY PUBLICATION. Unless otherwise specified, such notice shall consist of publication
once in each of three consecutive weeks (three insertions) in some newspaper having general
circulation in the county or counties wherein the land in the water management district is
located, the last insertion to be made at least 15 days prior to the date fixed for the hearing
of said notice, and it shall not be necessary that the publication shall be made on the same
day in each of the three weeks, but not less than 14 days, excluding the day of the first
publication, shall intervene between the first publication and the last publication. When
a district includes lands in two or more counties, such notice shall be published in each
county, and it will be sufficient to set out only the lands in the county...
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11-41-1
Section 11-41-1 Authority; petition to probate judge for order of incorporation. When the inhabitants
of an unincorporated community, which has a population of not less than 300, constituting
a body of citizens whose residences are contiguous to and all of which form a homogeneous
settlement or community, desire to become organized as a municipal corporation, they may apply
to the judge of probate of the county in which the territory is situated, or the greater portion
thereof if it is situated in two or more counties, for an order of incorporation, by a petition
in writing signed by not less than 15 percent of the qualified electors residing within the
limits of the proposed municipality and by the persons, firms, or corporations owning at least
60 percent of the acreage of the platted or unplatted land of the proposed municipality. No
platted or unplatted territory shall be included within the boundary unless there are at least
four qualified electors, according to government survey,...
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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, the executor or administrator
must give notice of the day, place and terms of sale, and a description of the property to
be sold, by advertisement for three successive weeks in some newspaper published in the county
where the sale is to take place; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, the court may direct the giving of notice by printed handbills or posters,
to be distributed and posted in the manner best calculated to give...
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11-47-62
Section 11-47-62 Declaration for abandonment of cemetery and removal of human remains interred
therein - Publication, posting and mailing of notice. (a) Notice of the said declaration of
abandonment and of the proposed removal of the human remains from any such cemetery or part
thereof shall be given to all persons interested therein by publication in a newspaper of
general circulation published in the city or town wherein said cemetery or part thereof is
situated or in a newspaper of general circulation published in the county wherein the same
is situated if located outside the limits of an incorporated municipality, which publication
shall be made once a week for two successive months. (b) Said notice shall be entitled "Notice
of declaration of abandonment of lands for cemetery purposes and of intention to remove the
human bodies interred therein," and shall specify a date, not less than two months after
the first publication of such notice, when the cemetery corporation,...
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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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40-22-7
Section 40-22-7 Tax upon recording transfer of instrument recorded by exempt institution -
Certification of payment of tax. Upon the filing for record of a transfer under Section 40-22-6
and upon payment of such tax and recording fees, the probate judge or his clerk shall certify
on such transfer the fact that the said tax has been paid; and, when so certified by the probate
judge or his clerk, such transfer and all subsequent transfers thereof shall be admitted to
record in any county wherein any of the property mentioned in the mortgage, deed of trust,
contract of conditional sale, or other instrument of like character so transferred is situated
without the payment of any further tax thereon, except the fee to the probate judge for recording
such transfer. (Acts 1951, No. 816, p. 1449, ยง2.)...
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9-15-38
Section 9-15-38 Sales of timber or minerals from school or swamp and overflowed lands. The
Commissioner of Conservation and Natural Resources may sell or cause to be sold timber from
school lands, swamp and overflowed lands, and other lands under the jurisdiction of the State
Lands Division, or minerals from school lands or swamp and overflowed lands, when in his or
her opinion the timber or minerals is of merchantable quality and quantity. Notice of the
sale of the timber or minerals shall be first advertised once a week for two successive weeks
in a newspaper published in the county where the timber or minerals are to be sold, and the
notice shall also be posted in a public place in the county. The notice shall describe the
timber or minerals to be sold and the amount and quality of the timber or minerals to be sold
and shall call for bids for the purchase price thereof. The notice shall further contain the
date upon which the bids shall be received and the date of the sale. If there...
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9-2-3
Section 9-2-3 Powers and duties as to state parks and parkways, etc. The Department of Conservation
and Natural Resources, for the purpose of establishing, developing and maintaining state parks
and parkways, may acquire land by donation, purchase, condemnation or lease and for these
purposes may use such funds as may be available to it and not otherwise obligated and may
enter into agreements with the federal government or other agencies for acquiring by lease,
purchase or otherwise such lands as in its judgment are desirable for state parks or parkways.
As to the purchase of lands, such agreements may provide for a division of the payments over
a period of years, in which case the payments may be secured by mortgage; provided, that no
liability shall attach to the State of Alabama or any of its departments, boards, bureaus
or commissions or any member or official thereof if the security specifically given in any
such mortgage is insufficient to pay said mortgage at a forced sale or...
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