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35-8A-103
Section 35-8A-103 Definitions. In the declaration and bylaws, unless specifically provided
otherwise or the context otherwise requires, and in this chapter, the following terms are
defined as set forth below: (1) AFFILIATE OF A DECLARANT. Any person who controls, is controlled
by, or is under common control with a declarant. A person "controls" a declarant
if the person (i) is a general partner, officer, director, or employer of the declarant, (ii)
directly or indirectly or acting in concert with one or more other persons, or through one
or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing
more than 20 percent of the voting interest in the declarant, (iii) controls in any manner
the election of a majority of the directors of the declarant, or (iv) has contributed more
than 20 percent of the capital of the declarant. A person "is controlled by" a declarant
if the declarant (i) is a general partner, officer, director, or employer of the person,...
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35-19-9
Section 35-19-9 Duration of environmental covenants. (a) An environmental covenant is perpetual
unless any of the following conditions apply: (1) The covenant is limited to a specific duration
or terminated by the occurrence of a specific event. (2) The covenant is terminated or modified
by consent pursuant to Section 35-19-10. (3) The covenant is terminated or modified pursuant
to subsection (b). (4) The covenant is terminated by foreclosure of an interest that has priority
over the environmental covenant. (5) The covenant is terminated or modified in an eminent
domain proceeding, but only if each of the following requirements are satisfied: a. The department
is a party to the proceeding. b. All persons identified in subsections (a) and (b) of Section
35-19-10 are given notice of the pendency of the proceeding. c. The court determines, after
hearing, that the termination or modification will not adversely affect human health or the
environment. (b) If the department has determined...
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35-8-20
Section 35-8-20 Termination of condominium. (a) The condominium property may be removed from
the provisions of this chapter provided that all unit owners agree and all holders of record
of liens affecting any of the units consent or agree, in either case by instruments duly recorded,
that their liens be transferred to the undivided share of the unit owner in the property as
hereinafter provided. (b) A circuit court may grant the petition of any unit owner for a removal
of the condominium property from the provisions of this chapter and a partition under the
following circumstances: (1) In the event of total destruction of all improvements of the
condominium property and no agreement is reached to rebuild such improvements within a reasonable
time, or such rebuilding has not been completed within a reasonable time. (2) In the event
of substantial destruction, deterioration, or obsolescence of the condominium property and
no agreement is reached to repair, reconstruct, or rebuild such...
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45-48A-61.02
Section 45-48A-61.02 Bond issue authorized. (a) In payment for the purchase, lease, construction,
acquisition, extension, or maintenance of the cable television system, the municipal corporation
may issue its bonds in the manner provided by law. (b) The municipal corporation, in order
to secure the prompt and faithful payment of the principal and interest of all debts, bonds,
or other evidences of indebtedness incurred or issued by it for the construction, acquisition,
lease, extension, or maintenance of a television cable system may execute a mortgage or deed
of trust upon any or all of the system and all property used in the operation, including the
franchise in whole or in part. (c) The mortgage or deed of trust may contain terms, conditions,
covenants, and warranties for the protection of the bond holders or securities issued by the
municipal corporation cable television system, as determined and agreed upon from time to
time by the governing body of the municipal corporation and...
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9-17-13
Section 9-17-13 Integration of interests; cycling operations; orders of board; procedures.
(a) When any mineral or other related interests deriving from two or more separately owned
tracts of land are embraced within an established or a proposed drilling or production unit,
or when there are separately owned interests in all or a part of an established or proposed
drilling or production unit, or any combination of such, the persons owning the interests
therein may validly agree to integrate or pool the interests and to develop the interests
and associated lands as a drilling or production unit. Where, however, the owners have not
agreed to so integrate or pool the interests, the board shall, for the prevention of waste
or to avoid the drilling of unnecessary wells, require the persons owning such interests to
do so and to develop their interests and the associated lands as a drilling or production
unit. (b) The board, in order to prevent waste and avoid the drilling of unnecessary...
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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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27-38-1
Section 27-38-1 Establishment of separate accounts by life insurers to provide for life insurance
or annuities and benefits incidental thereto. A life insurer organized under the laws of this
state may, by or pursuant to a resolution of its board of directors, establish one or more
separate accounts and may allocate thereto amounts, including without limitation proceeds
applied under optional modes of settlement or under dividend options, to provide for life
insurance or annuities, and benefits incidental thereto, payable in fixed or variable amounts
or both, subject to the following: (1) The income, gains, and losses, realized or unrealized,
from assets allocated to a separate account shall be credited to, or charged against, the
account, without regard to other income, gains, or losses of the insurer; (2) Except as provided
in this section, amounts allocated to any separate account, and accumulations thereon, may
be invested and reinvested without regard to any requirements or...
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11-50-396
Section 11-50-396 Powers generally. Each district incorporated under this article shall have
each and all of the following powers, together with all powers incidental thereto or necessary
to the discharge thereof in corporate form: (1) To have succession in its corporate name for
the duration of time (which may be in perpetuity) specified in the certificate of incorporation,
or until dissolved as provided in subsection (c) of Section 11-50-392. (2) To sue and be sued
and to defend civil actions against it. (3) To have and use a corporate seal and alter the
same at pleasure. (4) To acquire, purchase, construct, receive, own, operate, maintain, enlarge,
extend, and improve any one or more gas systems the operation of which is provided for in
the certificate of incorporation of the district (whether or not such system or systems were
in existence or whether or not such system or systems were privately owned or municipally
owned prior to the acquisition by such district). (5) To receive,...
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35-8-9
Section 35-8-9 Duties and responsibilities of association for administration and management
of property. The association provided for by the declaration shall be responsible for the
administration and management of the condominium property in accordance with this chapter,
the declaration, and the bylaws. The association may be incorporated or unincorporated. All
unit owners will be stockholders or members. Unless otherwise provided in the declaration,
the association, acting through its officers or governing board, shall have the powers enumerated
below: (1) The association may maintain, repair, replace, clean, and sanitize the common and
limited common elements. (2) The association may assess and collect funds and may pay for
common expenses and limited common expenses out of such funds as are appropriate. (3) In addition
to the enforcement of the covenants and restrictions concerning use, occupancy, and transfer
of units which are included in the declaration pursuant to section...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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