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35-6A-9
Section 35-6A-9 Partition in kind - Factors. (a) In determining under subsection (a) of Section
35-6A-8 whether partition in kind would result in great prejudice to the cotenants, the court
shall consider all of the following: (1) Whether the heirs property practicably can be divided
among the cotenants. (2) Whether partition in kind would apportion the property in such a
way that the aggregate fair market value of the parcels resulting from the division would
be materially less than the value of the property if it were sold as a whole, taking into
account the condition under which a court-ordered sale likely would occur. (3) Evidence of
the collective duration of ownership or possession of the property by a cotenant and one or
more predecessors in title or predecessors in possession to the cotenant who are or were relatives
of the cotenant or each other. (4) A cotenant's sentimental attachment to the property, including
any attachment arising because the property has ancestral or...
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35-6A-8
Section 35-6A-8 Partition in kind - Circumstances. (a) If all the interests of all cotenants
that requested partition by sale are not purchased by other cotenants pursuant to Section
35-6A-7, or, if after conclusion of the buyout under Section 35-6A-7, a cotenant remains that
has requested partition in kind, the court shall order partition in kind unless the court,
after consideration of the factors listed in Section 35-6A-9, finds that partition in kind
will result in great prejudice to the cotenants. In considering whether to order partition
in kind, the court shall approve a request by two or more parties to have their individual
interests aggregated. (b) If the court does not order partition in kind under subsection (a),
the court shall order partition by sale pursuant to Section 35-6A-10 or, if no cotenant requested
partition by sale, the court shall dismiss the action. (c) If the court orders partition in
kind pursuant to subsection (a), the court may require that one or more...
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35-6A-7
Section 35-6A-7 Request for partition by sale; purchase of interests. (a) In each petitioner's
initial pleading in a partition action, the petitioner shall state whether the petitioner
requests partition by sale. If the petitioner fails to so state, the petitioner shall be deemed
to have not requested partition by sale. (b) In each cotenant's initial responsive pleading,
the cotenant shall state whether the cotenant requests partition by sale. (1) If a cotenant
files a responsive pleading but fails to so state, the cotenant shall be deemed to have not
requested partition by sale. (2) If a guardian ad litem is appointed to represent one or more
cotenants including, but not limited to, unknown, unlocatable, and legally incapacitated cotenants,
the guardian ad litem may, but is not required to, state whether or not such cotenant requests
partition by sale, and the guardian ad litem shall have no liability for making or failing
to make the election. If a guardian ad litem files a...
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8-6-7
Section 8-6-7 Registration of securities - Registration by qualification. (a) Any security
may be registered by qualification. (b) A registration statement under this section shall
contain the following information and be accompanied by the following documents in addition
to payment of the registration fee prescribed in Section 8-6-8 and, if required under Section
8-6-12, a consent to service of process meeting the requirements of that section: (1) With
respect to the issuer and any significant subsidiary, its name, address and form of organizations,
the state or foreign jurisdiction and date of its organization, the general character and
location of its business and a description of its physical properties and equipment; (2) With
respect to every director and officer of the issuer or person occupying a similar status or
performing similar functions, his name, address, and principal occupation for the past five
years, the amount of securities of the issuer held by him as of the date of...
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35-6A-6
Section 35-6A-6 Determination of value of property; appraisal; notice and hearing. (a) Except
as otherwise provided in subsection (b) and subsection (c), if the court determines that the
property that is the subject of a partition action is heirs property, the court shall determine
the fair market value of the property by ordering an appraisal pursuant to subsection (d).
(b) If all cotenants have agreed to the value of the property or to another method of valuation,
the court shall adopt that value or the value produced by the agreed method of valuation.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the
cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market
value of the property and send notice to the parties of the value. (d) If the court orders
an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this
state to determine the fair market value of the property assuming...
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35-6A-2
Section 35-6A-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ASCENDANT. An individual who precedes another individual in lineage,
in the direct line of ascent from the other individual. (2) COLLATERAL. An individual who
could inherit from, or whose estate could descend to, the related individual under the law
of intestate succession of Alabama but who is not the other individual's ascendant or descendant.
(3) DESCENDANT. An individual who follows another individual in lineage, in the direct line
of descent from the other individual. (4) DETERMINATION OF VALUE. A court order determining
the fair market value of heirs property under Section 35-6A-6 or Section 35-6A-10 or adopting
the valuation of the property agreed to by all cotenants. (5) HEIRS PROPERTY. Real property
held in tenancy in common which satisfies all of the following requirements as of the filing
of a partition action: (A) There is no agreement in a record...
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20-2-93
Section 20-2-93 Forfeitures; seizures. (a) The following are subject to forfeiture: (1) All
controlled substances which have been grown, manufactured, distributed, dispensed, or acquired
in violation of any law of this state; (2) All raw materials, products, and equipment of any
kind which are used or intended for use in manufacturing, cultivating, growing, compounding,
processing, delivering, importing, or exporting any controlled substance in violation of any
law of this state; (3) All property which is used or intended for use as a container for property
described in subdivision (1) or (2) of this subsection; (4) All moneys, negotiable instruments,
securities, or other things of value furnished or intended to be furnished by any person in
exchange for a controlled substance in violation of any law of this state; all proceeds traceable
to such an exchange; and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of any law of this...
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13A-10-207
Section 13A-10-207 Forfeiture of property. (a) All of the following property, real or personal,
shall be subject to forfeiture: (1) All raw materials, products, and equipment of any kind
which are used or intended for use in manufacturing, cultivating, growing, compounding, processing,
delivering, importing, or exporting any explosives or destructive devices in violation of
Act 2009-718. (2) All property which is used or intended for use as a container for property
described in subdivision (1). (3) All moneys, negotiable instruments, securities, other things
of value furnished or intended to be furnished by any person in exchange for explosives or
destructive devices in violation of any law of this state; all proceeds traceable to the exchange;
and all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of Act 2009-718. (4) All conveyances, including aircraft, vehicles, or vessels,
or agricultural machinery, which are used, or are...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
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