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35-19-8
Section 35-19-8 Recording of environmental covenants. (a) An environmental covenant and any
amendment or termination of the covenant must be recorded in every county in which any portion
of the real property subject to the covenant is located. For purposes of indexing, a holder
shall be treated as a grantee. (b) Except as otherwise provided in subsection (c) of Section
35-19-9, an environmental covenant is subject to the laws of the state governing recording
and priority of interests in real property. (Act 2007-464, p. 972, ยง8.)...
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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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35-19-12
Section 35-19-12 Registry of environmental covenants. (a) The Alabama Department of Environmental
Management shall establish and maintain a registry that contains all environmental covenants
and any amendment or termination of those covenants. The registry may also contain any other
information concerning environmental covenants and the real property subject to them which
the department considers appropriate. The registry is a public record for purposes of Section
36-12-40. (b) After an environmental covenant or an amendment or termination of a covenant
is filed in the registry established pursuant to subsection (a), a notice of the covenant,
amendment, or termination that complies with this section may be recorded in the land records
in lieu of recording the entire covenant. Any such notice must contain all of the following:
(1) A legally sufficient description and any available street address of the real property
subject to the covenant. (2) The name and address of the owner of the...
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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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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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35-19-9
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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35-8A-206
Section 35-8A-206 Leasehold condominiums. (a) Any lease the expiration or termination of which
may terminate the condominium or reduce its size shall be recorded. Every lessor of those
leases must sign the declaration, and the declaration must state: (1) The recording data for
the lease, the date of the lease, and the date of its recordation; (2) The date on which the
lease is scheduled to expire; (3) A legally sufficient description of the real estate subject
to the lease; (4) Any right of the unit owners to redeem the reversion and the manner whereby
those rights may be exercised, or a statement that they do not have those rights; (5) Any
right of the unit owners to remove any improvements within a reasonable time after the expiration
or termination of the lease, or a statement that they do not have those rights; and (6) Any
rights of the unit owners to renew the lease and the conditions of any renewal, or a statement
that they do not have those rights. (b) After the declaration for...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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9-18A-1
Section 9-18A-1 Enactment of Southern States Energy Compact. The Legislature hereby enacts,
and the State of Alabama hereby enters into, the Southern States Energy Compact with any and
all states legally joining therein in accordance with its terms, in the form substantially
as follows: "SOUTHERN STATES ENERGY COMPACT "Article I. Policy and Purpose. "The
party states recognize that the proper employment and conservation of energy and employment
of energy-related facilities, materials, and products, within the context of a responsible
regard for the environment, can assist substantially in the industrialization of the south
and the development of a balanced economy for the region. They also recognize that optimum
benefit from an acquisition of energy resources and facilities require systematic encouragement,
guidance and assistance from the party states on a cooperative basis. It is the policy of
the party states to undertake such cooperation on a continuing basis; it is the purpose of...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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