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35-18-2
Section 35-18-2 Easement conveyed, recorded, assigned, etc.; term of easement; interest maintained;
condemnation. (a) Except as otherwise provided in this chapter, a conservation easement may
be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered
or affected in the same manner as other easements. A conservation easement may not be created
or expanded under this chapter by any state, county, or local governmental body through the
exercise of the power of eminent domain. (b) No right or duty in favor of or against a holder
and no right in favor of a person having a third-party right of enforcement arises under a
conservation easement before its acceptance by the holder and a recordation of the acceptance.
(c) Except as provided in subsection (b) of Section 35-18-3, the term of a conservation easement
shall be the term stated in the instrument creating the easement or, if no term is stated,
the lesser of 30 years or the life of the grantor, or upon...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries;
reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory
proposed to be organized into a district may file a petition with the State Soil and Water
Conservation Committee asking that a soil and water conservation district be organized to
function in the territory described in the petition. Such petition shall set forth: (1) The
proposed name of said district; (2) That there is need in the interest of the public health,
safety and welfare for a soil and water conservation district to function in the territory
described in the petition; (3) A description of the territory proposed to be organized as
a district, which description shall not be required to be given by metes and bounds or by
legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request
that the State Soil and Water Conservation Committee duly define the boundaries...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the agency
shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in its corporate
name. b. May sue and be sued in its corporate name. c. May adopt, use and alter a corporate
seal, which shall be judicially noticed. d. May enter into such contracts and cooperative
agreements with the federal, state and local governments, with agencies of such governments,
with private individuals, corporations, associations, trusts and other organizations as the
board may deem necessary or convenient to enable it to carry out the purposes of this chapter,
including the planned, orderly residential development of the area. e. May adopt, amend and
repeal bylaws. f. May appoint such managers, officers, employees, attorneys and agents as
the board deems necessary for the transaction of its business, fix their compensation, define
their duties, require bonds of such of them as the board may...
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9-2-9
Section 9-2-9 Commissioner of Conservation and Natural Resources - Powers and duties as to
state parks, etc., generally. The Commissioner of Conservation and Natural Resources, acting
through the Division of Parks, shall have the following powers and authorities: (1) To acquire
in the name of the State of Alabama by purchase, lease, agreement, license, condemnation or
otherwise land deemed necessary or desirable to be preserved, improved, protected and maintained
as a part of the state park system and to accept in his discretion, in fee or otherwise, land
donated, entrusted, conveyed or devised to the state for like purposes and with like discretion
to accept gifts, contributions or bequests of money or other personal property of value to
be used or expended for the benefit of the state park system; (2) To contract and make cooperative
agreements with the federal government and with states, counties, municipalities, corporations,
associations or individuals for the purpose of...
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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition of all
terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as
necessary may be promulgated as regulations by the department for further implementation of
this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4) CLEANUP.
For purposes of this chapter, cleanup means the cleaning up, remediation,...
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23-7-2
Section 23-7-2 Definitions. For the purposes of this chapter, the following words shall have
the following meanings: (1) BANK. The Alabama Transportation Infrastructure Bank. (2) BOARD.
The board of directors of the bank. (3) BONDS. Includes bonds, notes, or other evidence of
indebtedness except as otherwise provided in this chapter. (4) DEPARTMENT or DEPARTMENT OF
TRANSPORTATION. The Alabama Department of Transportation. (5) ELIGIBLE COST. As applied to
a qualified project to be financed from the federal highway account, the costs that are permitted
under applicable federal laws, requirements, procedures, and guidelines in regard to establishing,
operating, and providing assistance from the bank. As applied to a qualified project to be
financed from the state highway account, these costs include the costs of preliminary engineering,
traffic, and revenue studies; environmental studies; right-of-way acquisition; legal and financial
services associated with the development of the...
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27-44-5
Section 27-44-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Either
of the three accounts created under Section 27-44-6. (2) ASSOCIATION. The Alabama Life and
Disability Insurance Guaranty Association created under Section 27-44-6. (3) AUTHORIZED ASSESSMENT
or the term AUTHORIZED when used in the context of assessments. A resolution by the board
of directors has been passed whereby an assessment will be called immediately or in the future
from member insurers for a specified amount. An assessment is authorized when the resolution
is passed. (4) BENEFIT PLAN. A specific employee, union, or association of natural persons
benefit plan. (5) CALLED ASSESSMENT or the term CALLED when used in the context of assessments.
A notice that has been issued by the association to member insurers requiring that an authorized
assessment be paid within the time frame set forth within...
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41-16A-5
Section 41-16A-5 Permissible contract provisions; general and limited obligation distinction
may be made; allowable pledge payment sources; classification of entity's contracting and
contracts. (a) Alternative financing contracts may be for such term, provide for such renewal
or extension options, provide for such terminating events, provide for the payment of such
rentals, purchase installments, purchase price, and other amounts, and contain such other
terms, provisions, and conditions as the governmental entity shall deem appropriate, and without
limitation to the generality of the foregoing, may contain terms and conditions substantially
similar to any one or more of the following: (1) Provisions for the automatic renewal of the
alternative financing contract for one or more successive periods unless affirmative action
is taken by the governmental entity to terminate such alternative financing contract, and,
if desired, specifying the nature of such affirmative action sufficient to...
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