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9-10-34
of its affairs and the conduct of its business; (2) To adopt an official seal and alter the
same at pleasure; (3) To maintain a principal office at the county seat and suboffices at
such place or places within the county as it may designate; (4) To sue and be sued in its
own name; (5) To enter into contracts and agreements or do any act necessary or incidental
to the performance of its duties and execution of its powers under this article; (6) To acquire,
hold and dispose of real and personal property or any interests therein; (7) To provide
a water supply by impounding a stream or by development and use of wells by either construction,
lease or purchase; (8) To develop and operate an irrigation project, including the facilities
necessary thereto, either by construction, lease or purchase; (9) To provide for the control
of floods by impounding surplus water or by other means to the extent that such work is economically
feasible and desirable and not opposed to the need of water...
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9-10-5
of its powers under this article; (5) To sue and be sued in its own name; (6) To enter into
agreements with the United States government or its agencies or political subdivisions thereof,
with municipalities and with public corporations concerning the sale and use of the water
impounded by the United States government, management of the project, collection of charges
for water issued to users and repayment costs of the project construction costs; (7) To acquire,
hold and dispose of real and personal property or any interests therein; (8) To provide
a water supply by impounding a stream or by development and use of wells by either construction,
lease or purchase; (9) To develop and operate an irrigation project, including the facilities
necessary thereto, either by construction, lease or purchase; (10) To provide for the control
of floods by impounding surplus water or by other means to the extent that such work is economically
feasible and desirable and not opposed to the need of water...
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22-30D-3
Section 22-30D-3 Definitions. Unless otherwise defined in this chapter, the definitions of
terms included in Section 22-30-3 shall be applicable to this chapter. For the purposes of
this chapter, the following terms have the following meanings: (1) ABANDONED DRYCLEANING FACILITY.
Any real property premises or individual leasehold space located in this state owned by any
person in which a drycleaning facility or wholesale distribution facility formerly operated;
provided, however, that any owner or operator or wholesale distributor who shall have elected
not to be covered by the provisions of this chapter shall not be considered a person owning
or leasing such a facility for the purposes of this chapter. (2) ADJACENT LAND OWNER. Any
owner, lessor, or mortgagee of any real property onto which contamination from a drycleaning
facility, abandoned drycleaning facility, or wholesale distribution facility of any owner
or operator or wholesale distributor who shall have elected to be covered...
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35-12-75
Section 35-12-75 Dormancy charges. (a) Any person engaged primarily in the business of selling
tangible personal property at retail, by contract with the customer may, charge, and
deduct from the property otherwise subject to this article, a reasonable administrative and
restocking fee of not more than twenty-five dollars ($25) with respect to items purchased
under a layaway or similar agreement the terms of which are not fulfilled by the customer
and the items are returned to inventory. (b) A holder may deduct from property presumed abandoned
a charge imposed by reason of the apparent owner's failure to claim the property within a
specified time only if there is a valid and enforceable written contract between the holder
and the apparent owner under which the holder may impose the charge and the holder regularly
imposes the charge. The amount of the deduction is limited to an amount that is not unconscionable.
(Act 2004-440, p. 755, §1.)...
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35-8A-209
Section 35-8A-209 Plats and plans. (a) A clear and legible plat of the condominium property
and plans, if required under subsection (d), shall be recorded in the office of the judge
of probate in every county in which any portion of the condominium is located and shall contain
a certification that the plat and plans, if any contain all information required by this section.
If the plat contains all of the information described in subsections (b), (c), (d), and (g),
plans are not required. The recorded plan and plans are part of the declaration. (b) Each
plat must show: (1) The name of the condominium and a survey of the real property included
in the condominium; (2) The location and dimensions of all existing improvements located on
the condominium property; (3) The location and dimensions of any real estate subject to development
rights reserved over any part of the condominium property, labeled to identify the rights
applicable to each identified portion, but the plat need not...
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8-12-3
Section 8-12-3 Defacing identifying mark on encumbered personal property; presumption
of guilt by possession. (a) Any person who defaces, or permits the same to be done, with intent
to defraud any trademark, or other identifying mark, on any automobile motor, other motor,
guns, electrical equipment, radios, motor vehicles, refrigerators, furniture, household or
office equipment, or any other personal property, when such property is encumbered
with a mortgage, conditional sale contract, or other lien, shall be guilty of a misdemeanor,
shall be fined on conviction not less than $25 nor more than $500 and may be imprisoned in
the county jail or sentenced to hard labor for not more than six months. (b) Any person, other
than the absolute owner of the property while the same is free and clear of mortgages, retention
of title contracts or other encumbrances, found in possession of such property under any claim
of right with knowledge that the property has been defaced by a person or persons...
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9-17-15
Section 9-17-15 Judicial review of rules, regulations or orders. Any interested person aggrieved
by any rule, regulation or order made or promulgated by the board under this article and who
may be dissatisfied therewith shall, within 30 days from the date said order, rule or regulation
was promulgated, have the right, regardless of the amount involved, to institute a civil action
by filing a complaint in the circuit court of the county in which all or part of the aggrieved
person's property affected by any such rule, regulation or order is situated to test the validity
of said rule, regulation or order promulgated by the board. Such civil action shall be advanced
for trial and be determined as expeditiously as feasible, and no postponement or continuance
thereof shall be granted except for reasons deemed imperative by the court. In such trials
the validity of any rule, regulation or order made or promulgated under this article shall
be deemed prima facie valid, and the court shall be...
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10A-2A-11.07
Section 10A-2A-11.07 Effect of merger or stock exchange. (a) When a merger becomes effective:
(1) the surviving organization continues or, in the case of a surviving organization created
pursuant to the merger, comes into existence; (2) each constituent organization that merges
into the surviving organization ceases to exist as a separate entity; (3) except as provided
in the plan of merger, all property owned by, and every contract right possessed by, each
constituent organization that ceases to exist vests in the surviving organization without
transfer, reversion, or impairment and the title to any property and contract rights vested
by deed or otherwise in the surviving organization shall not revert, be in any way impaired,
or be deemed to be a transfer by reason of the merger; (4) all debts, obligations, and other
liabilities of each constituent organization, other than the surviving organization, are debts,
obligations, and liabilities of the surviving organization, and neither...
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13A-8-12
Section 13A-8-12 Defenses to prosecutions for theft and unauthorized use of vehicle. (a) It
is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property,
theft of lost property, theft of services and unauthorized use of vehicle) that the actor
honestly believed that he had a claim to the property or services involved which he was entitled
to assert in the manner which forms the basis for the charge against him. (b) The burden of
injecting the issue of claim of right is on the defendant, but this does not shift the burden
of proof. (Acts 1977, No. 607, p. 812, §3230; Acts 1979, No. 79-664, p. 1163, §1.)...
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16-33C-6
Section 16-33C-6 PACT Program generally. (a) The PACT Program is established as one college
savings alternative under the plan whereby purchasers enter into PACT contracts for the future
payment of tuition and mandatory fees at eligible educational institutions. The PACT Program
includes the PACT Trust Fund and the PACT Administrative Fund created pursuant to this chapter.
(b) The official location of the trust fund shall be the State Treasurer's office, and the
facilities of the State Treasurer shall be used and employed in the administration of the
fund including, but without limitation thereto, the keeping of records, the management of
bank accounts and other investments, the transfer of funds, and the safekeeping of securities
evidencing investments. The PACT Trust Fund is hereby created as the source for payment of
the PACT Program's obligations under PACT contracts. The amounts on deposit in the PACT Trust
Fund shall not constitute property of the state, and the state may have no...
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