|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-19-5.htm - 2K - Match Info - Similar pages
35-9A-122
Section 35-9A-122 Exclusions from application of chapter. Unless created to avoid the application
of this chapter, the following arrangements are not governed by this chapter: (1) residence
at an institution, public or private, if incidental to detention or the provision of medical,
geriatric, educational, counseling, religious, or similar service; (2) occupancy under a contract
of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser
or a person who succeeds to the interest of the purchaser; (3) occupancy by a member of a
fraternal or social organization in the portion of a structure operated for the benefit of
the organization; (4) transient occupancy in a hotel, motel, or lodgings; (5) occupancy by
an employee of a landlord whose right to occupancy is conditional upon employment in and about
the premises; (6) occupancy by an owner of a condominium unit or a holder of a proprietary
lease in a cooperative; (7) occupancy under a rental...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-122.htm - 1K - Match Info - Similar pages
37-16-3
Section 37-16-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined
from time to time as advanced telecommunications capabilities by the Federal Communications
Commission (FCC) through regulations, statutes, or other written guidance or orders. The term
also includes broadband systems and broadband services. (2) BROADBAND AFFILIATE. A person
that is at least 10 percent owned by an electric provider, controlled by way of ownership
interests therein, directly or indirectly, by the electric provider, or under common control
with the electric provider, and which is formed to provide, among other services, utility
support services or nonutility support services. (3) BROADBAND OPERATOR. A person that owns
or operates a broadband system within an electric easement, including the electric provider
if the electric provider is operating the broadband system and including a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-16-3.htm - 6K - Match Info - Similar pages
40-12-310
Section 40-12-310 "Store" defined; construction. The term "store" as used
in this article shall be construed to mean and include any store or stores or any mercantile
establishment or establishments which are owned, operated, maintained, controlled or for which
the buying is done by the same person, firm, corporation, copartnership, or association, either
domestic or foreign, in which goods, wares or merchandise of any kind are sold, either at
retail or wholesale. The term "store" as used in this article shall not be construed
to mean or include any place of business at which the principal business conducted is that
of selling or distributing petroleum products or ice, where the amount kept in any store is
less than 4,000 pounds at any one time. Two or more stores or mercantile establishments shall,
for the purpose of this article, be treated as being under a single or common ownership, supervision
or management if directly or indirectly owned or controlled by a single person or any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-310.htm - 2K - Match Info - Similar pages
40-15-7
Section 40-15-7 Nonresident decedents. (a) Except as herein otherwise provided, all of the
provisions of this chapter shall be applicable to so much of the estates of nonresident decedents
as is subject to estate tax under the act of Congress in effect at the time of the death of
decedent as consists of real estate or tangible personal property located within this state
or other items of property or interest therein lawfully subject to the imposition of an estate
tax by the State of Alabama. (b) In assessing the tax upon any real estate or tangible property
located within this state belonging to the estate of a nonresident decedent, which shall pass
by will, devise or by the laws of intestacy, the Department of Revenue shall determine the
tax due to be such proportion of the federal estate tax as would be leviable upon an estate
of similar taxable net value, less that proportion of any exemption to which the estate is
entitled, which the actual value of the real estate and tangible...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-15-7.htm - 9K - Match Info - Similar pages
40-7-4
Section 40-7-4 Taxpayer to attend appointment and return list of property; failure to furnish
description of real estate. It is the duty of every person in every election precinct to attend
in person before the assessor on the first day of the appointment in the precinct of the taxpayer's
residence and then and there to render to the assessor under oath a full and complete list
of all property of which he was owner, or in which he had any interest whatever, or of which
he was trustee or agent on October 1 of that year. The land and improvements thereon and homesteads
must be separately listed and valued. On failure of the taxpayer for 30 days after demand
or notice by the tax assessor to furnish a sufficient description of his real estate, said
tax assessor shall secure such description from the records of conveyance in the office of
the probate court of his county, and if he is unable to get a sufficient description from
such records, then by a survey of property by the county...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-7-4.htm - 1K - Match Info - Similar pages
43-2-837
Section 43-2-837 Duty of personal representative; possession of estate. Except as otherwise
provided by a decedent's will, every personal representative has a right to, and shall take
possession or control of, the decedent's property, except that any real property or tangible
personal property may be left with or surrendered to the person presumptively entitled thereto
unless or until, in the judgment of the personal representative, possession of the property
by the personal representative will be necessary for purposes of administration. A request
in writing by a personal representative for delivery of any property possessed by an heir
or devisee is conclusive evidence, in any action against the heir or devisee for possession
thereof, that the possession of the property by the personal representative is necessary for
purposes of administration. The personal representative shall pay taxes on, receive the income
therefrom, and pay the expenses reasonably necessary for the management,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-837.htm - 1K - Match Info - Similar pages
12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may be organized
as a worthless check unit. Each district attorney who elects to establish the unit shall assign
sufficient staff and resources to effectively operate the unit. The worthless check unit of
the special services division of the district attorney's office shall be created for the purpose
of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After following the
requisites of Section 13A-9-13.1, any party holding a worthless negotiable instrument may
present a "complaint" to the worthless check unit of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-224.htm - 9K - Match Info - Similar pages
31-2-31
Section 31-2-31 Sale, pawn; purchase or unauthorized retention of military property; seizure,
etc., of unlawfully retained property. Any person who sells, pawns, purchases, retains or
has in his possession or custody, without right, any military property belonging to this state
or the United States, or any unit of the armed forces of the state, and who, after proper
demand, refuses to deliver the same to any officer entitled to take possession thereof, is
guilty of a misdemeanor if the value of such property is $500.00 or less, and is guilty of
a felony if the value of such property exceeds $500.00. Any person belonging to the armed
forces of the state who, contrary to the order of the proper officer, retains in his possession
or control any military property of this state or of the United States is guilty of a misdemeanor
if the value of such property is $500.00 or less, and is guilty of a felony if the value of
such property exceeds $500.00. Any commanding officer may take possession...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-31.htm - 2K - Match Info - Similar pages
35-8-18
Section 35-8-18 Blanket mortgage on condominium property. Notwithstanding any other provision
of this chapter, if the declaration or bylaws so permit, the entire condominium property or
some or all of the units included therein may be subject to a single or blanket mortgage constituting
a first lien thereon created by recordable instrument by all of the owners of the property
or units covered thereby; and any unit included under the lien of such mortgage may be sold
or otherwise conveyed or transferred subject thereto. The instrument creating any such mortgage
shall provide a method whereby any unit owner may obtain a release of his unit from the lien
of such mortgage and a satisfaction and discharge in recordable form upon payment to the holder
of the mortgage of a sum equal to the proportionate share attributable to his unit of the
then outstanding balance of unpaid principal and accrued interest and any other charges then
due and unpaid. Such proportionate share attributable to each...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8-18.htm - 1K - Match Info - Similar pages
|