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35-8A-311
Section 35-8A-311 Tort and contract liability. Neither the association, any association mortgagee,
nor any unit owner except the declarant is liable for that declarant's torts in connection
with any part of the condominium which that declarant has the responsibility to maintain.
Otherwise, an action alleging a wrong done by the association shall be brought against the
association and not against any unit owner. If the wrong occurred during any period of declarant
control and the association gives the declarant reasonable notice of and an opportunity to
defend against the action, the declarant who then controlled the association is liable to
the association or to any unit owner: (i) for all tort losses not covered by insurance suffered
by the association or that unit owner; and (ii) for all costs which the association would
not have incurred but for a breach of contract or other wrongful act or omission. Whenever
the declarant is liable to the association under this section, the...
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6-5-227
Section 6-5-227 Causes of action for breach of written express warranty, contract, or indemnity
against architects, engineers, and builders. Nothing contained in this article shall be construed
to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes
of action or rights of action in contract against architects, engineers, and builders as defined
in this article arising out of breach of contract for written express warranties, contracts,
or indemnities which by the written terms thereof shall extend beyond the period of seven
years after the substantial completion of construction of an improvement on or to the real
property. Any written express warranty, contract, or indemnity for the purposes of an action
in contract based upon the written express warranty, contract, or indemnity shall be enforceable
for the period of time specified in writing, and all civil actions in contract arising out
of the written express warranty, contract, or indemnity...
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7-2-316
Section 7-2-316 Exclusion or modification of warranties. (1) Words or conduct relevant to the
creation of an express warranty and words or conduct tending to negate or limit warranty shall
be construed wherever reasonable as consistent with each other; but subject to the provisions
of this article on parol or extrinsic evidence (Section 7-2-202) negation or limitation is
inoperative to the extent that such construction is unreasonable. (2) Subject to subsection
(3), to exclude or modify the implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be conspicuous, and to exclude
or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient if it states, for example,
that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2): (a) Unless the circumstances...
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35-12-83
Section 35-12-83 Filing and handling of claims. (a) A person, excluding another state, claiming
property paid or delivered to the Treasurer may file a claim on a form prescribed by the Treasurer
and verified by the claimant. (b) Within 120 days after a claim is filed, the Treasurer shall
allow or deny the claim and give written notice of the decision to the claimant. If the claim
is denied, the Treasurer shall inform the claimant of the reasons for the denial and specify
what additional evidence is required before the claim will be allowed. The claimant may then
file a new claim with the Treasurer or maintain an action under Section 35-12-85. (c) Within
30 days after a claim is allowed, the property or the net proceeds of a sale of the property
must be delivered or paid by the Treasurer to the claimant. When property is paid or delivered
to the Treasurer under this article, the owner is not entitled to receive interest, thereafter;
however, the owner is entitled to receive dividends...
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37-4-17
Section 37-4-17 Valuation of utility property - When made; assistants and examiners; factors
considered. The commission may, upon its own motion, at any time, and upon reasonable notice
to any utility, when the commission deems it necessary to ascertain the value of the property
of such utility, proceed to investigate, ascertain and report the value thereof, and shall
make such investigation, ascertainment and report upon the request and application of any
utility. To enable the commission to make such investigation and report, if upon its own motion,
it may employ such experts and other assistants as it may deem necessary. If such investigation
and report is made upon the application of a utility, the same shall be made and the experts
and assistants employed by the commission for that purpose shall be employed at the expense
of the utility making such application. The commission may appoint examiners who shall have
the power to administer oaths, examine witnesses and take testimony...
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11-99-4
Section 11-99-4 Creation of tax increment districts and approval of project plans. In order
to exercise its powers under this chapter, a public entity shall take the following steps:
(1) The local governing body shall hold a public hearing at which all interested parties are
afforded a reasonable opportunity to express their views on the concept of tax increment financing,
on the proposed creation of a tax increment district and its proposed boundaries, and its
benefits to the public entity. Notice of the hearing shall be published in a newspaper of
general circulation in either the county or in the city, as the case may be, in which the
proposed tax increment district is to be located with such notice to be published at least
twice in the 15-day period immediately preceding the date of the hearing. Prior to publication,
a copy of the notice shall be sent by first class mail to the chief executive officer of each
deferred tax recipient. (2) In addition to the notice required by...
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37-4-20
Section 37-4-20 Valuation of utility property - Revaluation. (a) If the valuation of the property
of any utility has become final as provided in this article, or if such valuation becomes
final as provided in Section 37-4-18, the commission may, within 90 days after any valuation
hereafter made becomes final, proceed for reasons which it shall deem sufficient to make a
revaluation of the property of such utility of which a valuation has been made or may be made
under the provisions of this chapter, such revaluation being had upon the principles declared
in this chapter; and the commission may to this end make such further investigation as provided
in this chapter as it may see fit. The commission shall give notice to any utility of its
intention to proceed to a revaluation of the property of such utility. (b) Whenever the commission
shall have completed its revaluation, it shall make a report thereof, and before such revaluation
shall become final, the commission shall give notice to...
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11-52-53
Section 11-52-53 Appeals from compensation awards. Within 20 days after the approval of any
such report by the council, any person dissatisfied with the award of compensation therein
contained may file with the clerk of the council notice of appeal to the court of the county
in which the appellant's land is located having jurisdiction of actions by municipalities
to assess compensation for property taken or appropriated for public use for streets. Thereupon,
and within 10 days of such notice, the clerk of the council shall file with the clerk of said
court the report of the board of appraisers approved by the council, together with certified
copies of the resolution of the council and of the notice of appeal. Within five days thereafter
the appellant shall give and file with the clerk of said court an appeal bond, running to
the municipality, for such amount as may be fixed by the court, to secure the municipality
against the costs of the appeal in the event that appellant fails to...
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22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The SHPDA,
pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations
the procedures for review of applications for certificates of need and for issuance of certificates
of need. Rules and regulations governing review procedures shall include, but not necessarily
be limited to, the following: (1) Agreement with other review agencies for review procedures
consistent with this article and federal regulations. (2) Application procedures and forms
of the application necessary to elicit and provide all necessary information as required by
the review criteria. (3) Establishment of a project review period of 90 days from the date
the state agency determines that the application is complete and notification thereof is made
to the applicant. The rules and regulations may provide for a period of not more than 15 days
for determination of the completeness of the application,...
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27-2B-2
Section 27-2B-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ADJUSTED RBC REPORT. An RBC report which has been adjusted by the commissioner
in accordance with subsection (e) of Section 27-2B-3. (2) CORRECTIVE ORDER. An order issued
by the commissioner specifying corrective actions which the commissioner has determined are
required. (3) DOMESTIC INSURER. Any insurer domiciled in this state. (4) FOREIGN INSURER.
Any insurer which is licensed to do business in this state but not domiciled in this state.
(5) FRATERNAL BENEFIT SOCIETY. Any insurer licensed under Chapter 34. (6) HEALTH ORGANIZATION.
Any health care service plan, health maintenance organization, limited health service organization,
dental services corporation, or other managed care organization licensed under this title.
This term does not include any life and disability insurer or property and casualty insurer.
(7) INSURER. As defined in Section 27-1-2, including, without...
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