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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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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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-431.htm - 5K - Match Info - Similar pages
11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under
this chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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10A-1-8.02
Section 10A-1-8.02 Mergers of entities. (a) A merger of two or more entities, whether
the other entity or entities are the same or another form of entity, may be accomplished as
provided in this section. (1) CORPORATIONS. a. In the case of a corporation, other
than a nonprofit corporation, that is a party to a merger, a plan of merger must be approved
in accordance with the procedures and by the stockholder vote required by Article 11 of Chapter
2A. If the governing documents of the corporation provide for approval of a merger by less
than all of the corporation's stockholders, approval of the merger shall constitute corporate
action subject to appraisal rights pursuant to Article 13 of Chapter 2A, as applicable. No
merger of a corporation into a general or limited partnership may be effected without the
consent in writing of each stockholder who will have personal liability with respect to the
surviving entity, notwithstanding any provision in the governing documents of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-8.02.htm - 17K - Match Info - Similar pages
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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35-4-430
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, ยง1.)...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
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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