Code of Alabama

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40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal property
within this state or which conveys any interest in any such property shall be received for
record unless the privilege or license tax is paid prior to the instrument being offered for
record as provided in subsection (c). (b) No privilege or license tax shall be required for
any of the following: (1) The transfer of mortgages on real or personal property within this
state upon which the mortgage tax has been paid. (2) Deeds or instruments executed for a nominal
consideration for the purpose of perfecting the title to real estate. (3) The re-recordation
of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title
to real or personal property, specifically, but not limited to, corrections of maturity dates
thereof, and deeds and other instruments or conveyances,...
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43-8-294
Section 43-8-294 Effect of disclaimer. (a) If the property or interest devolved to a disclaimant
under a testamentary instrument or under the laws of intestacy and the deceased owner or donee
of a power of appointment has not provided for another disposition, it devolves as if the
disclaimant had predeceased the decedent or, if the disclaimant was designated to take under
a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased
the donee of the power. Any future interest that takes effect in possession or enjoyment after
the termination of the estate or interest disclaimed takes effect as if the disclaimant had
died before the event determining that the taker of the property or interest had become finally
ascertained and his interest is indefeasibly vested. A disclaimer relates back for all purposes
to the date of death of the decedent, or of the donee of the power, or the determinative event,
as the case may be. (b) If the property or...
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19-3D-11
Section 19-3D-11 Decanting power under expanded distributive dicretion. (a) In this section
the following terms have the following meanings: (1) NONCONTINGENT RIGHT. A right that is
not subject to the exercise of discretion or the occurrence of a specified event that is not
certain to occur. The term does not include a right held by a beneficiary if any person has
discretion to distribute property subject to the right to any person other than the beneficiary
or the beneficiary's estate. (2) PRESUMPTIVE REMAINDER BENEFICIARY. A qualified beneficiary
other than a current beneficiary. (3) SUCCESSOR BENEFICIARY. A beneficiary that is not a qualified
beneficiary on the date the beneficiary's qualification is determined. The term does not include
a person that is a beneficiary only because the person holds a nongeneral power of appointment.
(4) VESTED INTEREST. (A) A right to a mandatory distribution that is a noncontingent right
as of the date of the exercise of the decanting power; (B) a...
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26-2A-151
Section 26-2A-151 Persons dealing with conservators; protection. (a) A person who in good faith
either assists or deals with a conservator for value in any transaction other than those requiring
a court order as provided in Section 26-2A-136 is protected as if the conservator properly
exercised the power. The fact that a person knowingly deals with a conservator does not alone
require the person to inquire into the existence of a power or the propriety of its exercise,
but restrictions on powers of conservators which are endorsed on letters as provided in Section
26-2A-154 are effective as to third persons. A person is not bound to see to the proper application
of estate assets paid or delivered to a conservator. (b) The protection expressed in this
section extends to any procedural irregularity or jurisdictional defect occurring in proceedings
leading to the issuance of letters and is not a substitution for protection provided by comparable
provisions of the law relating to commercial...
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35-10-24
Section 35-10-24 Partial payments - Entry by execution and delivery of separate instrument.
(a) Any person required by the provisions of this article, and more particularly Sections
35-10-21 through 35-10-24 thereof, to make any entry of partial payment on the margin of the
record may fully discharge his obligation to make such entry by executing a separate instrument
which properly identifies such mortgage, deed of trust, or other encumbrance, and which clearly
states the information required otherwise to be entered on the record or margin thereof, and
by delivering such instrument or depositing the same in the United States mail properly stamped
and addressed, to the person who requests such entry, but the person requested to make such
entry shall not be required to file such separate instrument for record; provided, that such
separate instrument so to be furnished shall be so prepared and acknowledged that the same
shall be admitted to record in the office of the judge of probate...
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35-18-3
Section 35-18-3 Actions affecting a conservation easement. (a) An action affecting a conservation
easement may be brought by any of the following: (1) An owner of an interest in the real property
burdened by the easement. (2) A holder of the easement. (3) A person having a third-party
right of enforcement only to the extent provided in the instrument creating the easement.
(b) This chapter does not affect the power of a court to modify or terminate a conservation
easement in accordance with the principles of law and equity applicable to other easements
and specifically including the doctrine of changed conditions. (Acts 1997, No. 97-715, p.
1483, ยง3.)...
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35-4A-3
Section 35-4A-3 When nonvested property interest or power of appointment created. (a) Except
as provided in subsections (b), (c), and (d) and in Section 35-4A-5, the time of creation
of a nonvested property interest or a power of appointment is determined under general principles
of property law. (b) For purposes of this chapter, if there is a person who alone can exercise
a power created by a governing instrument to become the unqualified beneficial owner of (i)
a nonvested property interest or (ii) a property interest subject to a power of appointment
described in Section 35-4A-2(b) or (c), the nonvested property interest or power of appointment
is created when the power to become the unqualified beneficial owner terminates. (c) For purposes
of this chapter, a nonvested property interest or a power of appointment arising from a transfer
of property to a previously funded trust or other existing property arrangement is created
when the nonvested property interest or power of...
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12-25-38
Section 12-25-38 Revocation of post-release supervision status. (a) Offenders who fail to comply
with the conditions of post-release supervision as specified by the Board of Pardons and Paroles
may have their release status revoked. (b) At any time during the period of post-release supervision,
the Board of Pardons and Paroles may issue a warrant and may cause the offender to be arrested
for violating any of the conditions of post-release supervision. (c) Any probation officer,
police officer, or other officer with power of arrest, when requested by the probation officer
or other supervising officer, may arrest an offender under post-release supervision without
a warrant. To arrest the offender without a warrant, the arresting officer shall have a written
statement by the probation officer or other supervising officer declaring that the offender
under post-release supervision, in his or her judgment, has violated the conditions of post-release
supervision. The statement shall be...
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31-1-1
Section 31-1-1 Record of releases from active duty from military service (a) The county commission
of each county shall cause to be prepared and furnished to each judge of probate a well-bound
book of record, the back or side of which shall bear the following words, "Record of
Releases from Active Duty from the United States Army, Air Force, Coast Guard, Navy, or Marine
Corps." The pages of the book of record shall correspond with the printed matter appearing
on a release from active duty from the military service of the United States of America, with
sufficient blank spaces reserved thereon for the copying therein of the data and information
appearing on a release from active duty, which may be presented to the judge of probate for
record, as provided in this section. (b) Any person who holds a release from active duty,
or DD Form 214, from the United States Army, Air Force, Coast Guard, Navy, or Marine Corps
may present the DD Form 214 to the judge of probate of the county wherein he...
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11-80-1
Section 11-80-1 Condemnation of lands for public building sites, roads, streets, construction
materials, etc. (a) Counties and municipal corporations may condemn lands for public building
sites or additions thereto, or for enlargements of sites already owned, or for public roads
or streets or alleys, or for material for the construction of public roads or streets or for
any other public use. (b) Notwithstanding any other provision of law, a municipality or county
may not condemn property for the purposes of private retail, office, commercial, industrial,
or residential development; primarily for enhancement of tax revenue; for transfer to a person,
nongovernmental entity, public-private partnership, corporation, or other business entity;
or for the primary purpose of acquiring a mortgage or deed of trust. Provided, however, the
provisions of this subsection shall not apply to the use of eminent domain by any municipality,
housing authority, or other public entity based upon a finding...
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