35-19-10
Section 35-19-10 Amendment or termination of environmental covenant. (a) Unless otherwise specified in the environmental covenant, an environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by each of the following: (1) The agency, unless waived by the agency, in which event the current owner of the fee simple of the real property subject to the covenant must sign. (2) Each person that originally signed the covenant, unless a person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence. (3) Except as otherwise provided in subsection (d)(2), the holder. (b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee, includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR means a person appointed by the court to administer the estate of a minor or adult individual. (6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment. (7) GUARDIAN means a...
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19-3D-2
Section 19-3D-2 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. DEFINITIONS. In this chapter the following terms have the following meanings: (1) APPOINTIVE PROPERTY. The property or property interest subject to a power of appointment. (2) ASCERTAINABLE STANDARD. A standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Section 2041(b)(1)(A), as amended, or 26 U.S.C. Section 2514(c)(1), as amended, and any applicable regulations. (3) AUTHORIZED FIDUCIARY. (A) A trustee or other fiduciary, other than a settlor, that has the discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries; (B) a special fiduciary appointed under Section 19-3D-9; or (C) a special-needs fiduciary under Section 19-3D-13. (4) BENEFICIARY. A person that: (A) has a present or...
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45-37-123.103
Section 45-37-123.103 Death benefits. (a) Preretirement death benefits. A vested member's beneficiary is entitled to a preretirement joint survivorship pension, as described below. (1) MARRIED MEMBER. If a married, active member dies, then the beneficiary may elect, on a form provided by the pension board, to be paid in one of the following forms: a. One Hundred Percent Preretirement Joint Survivorship Pension. If such member was eligible for a deferred retirement benefit at the time of the member's death, then the beneficiary may elect to be paid in the form of a 100 percent preretirement joint survivorship pension, which is a monthly annuity paid during the beneficiary's lifetime which is equal to the actuarial equivalent of the benefits that would have been paid to the member if, instead of dying, the member had terminated employment; or b. Refund. The beneficiary may elect a refund of the member's employee contributions in accordance with Section 45-37-123.104(4)b. (2) UNMARRIED...
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22-32-1
Section 22-32-1 Enactment of Southeast Interstate Low-Level Radioactive Waste Management Compact. The Southeast Interstate Low-Level Radioactive Waste Management Compact is hereby enacted into law and entered into by the State of Alabama with any and all states legally joining therein in accordance with its terms, in the form substantially as follows: SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Article I. Policy and Purpose There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party states recognize and declare that each state is responsible for providing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the federal government or federal research and development activities. They also recognize that the management of low-level radioactive waste is handled most...
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35-19-3
Section 35-19-3 Requirements for environmental covenants. (a) Any person, including a person that owns an interest in the real property, an agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. (b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property. (c) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant. (d) The following rules apply to interests in real property...
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35-19-9
Section 35-19-9 Duration of environmental covenants. (a) An environmental covenant is perpetual unless any of the following conditions apply: (1) The covenant is limited to a specific duration or terminated by the occurrence of a specific event. (2) The covenant is terminated or modified by consent pursuant to Section 35-19-10. (3) The covenant is terminated or modified pursuant to subsection (b). (4) The covenant is terminated by foreclosure of an interest that has priority over the environmental covenant. (5) The covenant is terminated or modified in an eminent domain proceeding, but only if each of the following requirements are satisfied: a. The department is a party to the proceeding. b. All persons identified in subsections (a) and (b) of Section 35-19-10 are given notice of the pendency of the proceeding. c. The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. (b) If the department has determined...
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35-19-5
Section 35-19-5 Validity and enforceability of environmental covenants. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply: (1) It is not appurtenant to an interest in real property. (2) It can be or has been assigned to a person other than the original holder. (3) It is not of a character that has been recognized traditionally at common law. (4) It imposes a negative burden. (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder. (6) The benefit or burden does not touch or concern real property. (7) There is no privity of estate or contract. (8) The holder dies, ceases to exist, resigns, or is replaced. (9) The owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates restrictions or obligations...
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35-19-4
Section 35-19-4 Interest holders; rights of holders and agencies; priority. (a) An environmental covenant must meet all of the following requirements: (1) State that the instrument is an environmental covenant executed pursuant to this chapter. (2) Contain a legally sufficient description of the real property subject to the covenant. (3) Describe the activity and use limitations on the real property. (4) Identify every holder. (5) Be signed by the director, every holder, and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant. (6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any of the following: (1) Requirements for notice following transfer...
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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person, agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319. (6) Any person known to the petitioners as currently having physical custody of the adoptee, excluding foster parents or other private licensed agencies, or having visitation rights with the adoptee under an existing court order. (7) The agency or individual authorized to investigate the adoption under Section 26-10A-19. (8) Any other...
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