35-4-430
Section 35-4-430 Intent. The Legislature finds and declares that the public policy of this
state favors the marketability of real property and the transferability of interests in real
property free of title defects or unreasonable restraints on alienation. The Legislature further
finds and declares that private transfer fee obligations violate this public policy by impairing
the marketability and transferability of real property and by constituting an unreasonable
restraint on alienation regardless of the duration of the obligation to pay a private transfer
fee, the amount of a private transfer fee, or the method by which any private transfer fee
is created or imposed. Thus, the Legislature finds and declares that a private transfer fee
obligation should not run with the title to property or otherwise bind subsequent owners of
property under any common law or equitable principle. (Act 2011-260, p. 474, §1.)...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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45-17-140
Section 45-17-140 Fire protection service fee. (a) The provisions of this section shall apply
only to those portions of Colbert County located outside the corporate boundaries of the Cities
of Tuscumbia, Sheffield, and Muscle Shoals. (b) The Legislature hereby declares that volunteer
fire departments that receive funds pursuant to this section are organizations which are public
in nature, as they protect the health, safety, and welfare of the citizens of the county.
(c)(1) There is hereby levied on the owner of each dwelling and on the owner of each building
or commercial building or facility located in those portions of Colbert County located outside
the corporate boundaries of the Cities of Tuscumbia, Sheffield, and Muscle Shoals a fire protection
service fee of fifty dollars ($50) per year. (2) For the purposes of this section a dwelling
shall be defined as any building, structure, or other improvement to real property used or
expected to be used as a dwelling or residence for one...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its pleasure. (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise, and to refinance existing...
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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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35-4-435
Section 35-4-435 Notice requirements for existing private transfer fee obligations. (a) The
payee of a private transfer fee obligation imposed prior to May 25, 2011, shall record, prior
to December 31, 2011, against the real property subject to the private transfer fee obligation,
a separate document in the office of the judge of probate for each county in which the real
property is located which complies with all of the following requirements: (1) The title of
the document shall be "Notice of Private Transfer Fee Obligation" in at least 14-point
boldface type. (2) The amount, if the private transfer fee is a flat amount, or the percentage
of the sales price constituting the cost of the private transfer fee, or such other basis
by which the private transfer fee is to be calculated. (3) If the real property is residential
property, actual dollar-cost examples of the private transfer fee for a home priced at two
hundred fifty thousand dollars ($250,000), five hundred thousand dollars...
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35-4-434
Section 35-4-434 Disclosure. (a) Any contract for the sale of real property subject to a private
transfer fee obligation shall include a provision disclosing the existence of that obligation,
a description of the obligation, and a statement that private transfer fee obligations are
subject to certain prohibitions under this article. A contract for sale of real property which
does not conform to the requirements of this section is not enforceable by the seller against
the buyer, nor is the buyer liable to the seller for damages under such a contract, and the
buyer under the contract is entitled to the return of all deposits made in connection with
the sale of the real property. (b) Where a private transfer fee obligation is not disclosed
under subsection (a) and a buyer subsequently discovers the existence of the private transfer
fee obligation after title to the property has passed to the buyer, the buyer has the right
to recover both: (1) Any and all damages resulting from the failure...
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35-4-432
Section 35-4-432 Prohibition. A private transfer fee obligation recorded or entered into in
this state on or after May 25, 2011, does not run with the title to real property and is not
binding on or enforceable at law or in equity against any subsequent owner, purchaser, or
mortgagee of any interest in real property as an equitable servitude or otherwise. Any private
transfer fee obligation that is recorded or entered into in this state on or after May 25,
2011, is void and unenforceable. This section does not create a presumption that a private
transfer fee obligation recorded or entered into in this state before May 25, 2011, is valid
and enforceable. (Act 2011-260, p. 474, §1.)...
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35-4-433
Section 35-4-433 Liability for violations. (a) Any person who records or enters into an agreement
imposing a private transfer fee obligation in his or her favor after May 25, 2011, shall be
liable for: (1) Any and all damages resulting from the imposition of the private transfer
fee obligation on the transfer of an interest in the real property, including, but not limited
to, the amount of any transfer fee paid by a party to the transfer. (2) All attorney fees,
expenses, and costs incurred by a party to the transfer or mortgagee of the real property
to recover any private transfer fee paid or in connection with an action to quiet title. (b)
Where an agent acts on behalf of a principal to record or secure a private transfer fee obligation,
liability shall be assessed to the principal, rather than the agent. (Act 2011-260, p. 474,
§1.)...
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35-4-431
Section 35-4-431 Definitions. (a) As used in this article, the following words have the following
meanings: (1) ASSOCIATION. An association or unit owners' association, as defined in Section
35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section
35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization
composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping
resort interests, or other interests in real property that is responsible for the maintenance,
improvements, services, or expenses related to real property that is owned, used, or enjoyed
in common by the members. (2) PAYEE. The person or entity who claims the right to receive
or collect a private transfer fee payable under a private transfer obligation. A payee may
or may not have a pecuniary interest in the private transfer fee obligation. (3) PRIVATE TRANSFER
FEE. A fee or charge payable upon the transfer of an interest...
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