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9-16-85
Section 9-16-85 Permits - Approval or denial by authority; filing of violation schedule; issuance
to mine on prime farm land. (a) Upon the basis of a complete mining application and reclamation
plan or a revision or renewal thereof, as required by this article, following public notification
and opportunity for a public hearing as required by Section 9-16-88, the regulatory authority
shall grant, require modification of, or deny the permit within 30 days and notify the applicant
in writing of its action. The applicant for a permit, or revision of a permit, shall have
the burden of establishing that his application is in compliance with all the requirements
of this article. Within 10 days after the granting of a permit, the regulatory authority shall
notify the local governmental officials in the local political subdivision in which the area
of land to be affected is located that a permit has been issued and shall describe the location
of the land. (b) No permit or revision application...
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35-8-8
Section 35-8-8 Unit deeds and other instruments. (a) Prior to the conveyance of any unit, plans
or other graphic description, certified by a licensed or registered engineer or architect,
in sufficient detail to identify the common elements, limited common elements, and private
elements comprising such unit as built, shall be recorded as a part of the declaration or
as an amendment thereto. Such unit shall be identified by assigning a distinctive letter,
number, or other means of identification by which it may be separately identified from the
other units. Where the plans or other graphic description of two or more elements of any unit
or units are identical, a single plan or other graphic description of such elements shall
be sufficient to satisfy the requirements of this chapter. (b) Prior to the conveyance of
any unit, a copy of the bylaws and any amendments thereto shall be recorded in the same public
records as the declaration and amendments thereto. (c) A deed, mortgage, lease, or...
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35-8A-217
Section 35-8A-217 Amendment of declaration. (a) Except in cases of amendments that may be executed
by a declarant under section 35-8A-209(f) or 35-8A-210; the association under section 35-8A-107,
35-8A-206(d), 35-8A-208(c), 35-8A-212(a), or 35-8A-213; or by certain unit owners under section
35-8A-208(b), 35-8A-212(a), 35-8A-213(b), or 35-8A-218(b), and except as limited by subsection
(d), the declaration, including the plats and plans, may be amended only by the affirmative
vote or agreement of unit owners of units to which at least two-thirds of the votes in the
association are allocated, or any larger majority the declaration specifies. The declaration
may specify a smaller number only if all of the units are restricted exclusively to non-residential
use. (b) No action to challenge the validity of an amendment adopted by the association pursuant
to this section may be brought more than one year after the amendment is recorded. (c) Every
amendment to the declaration must be recorded...
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35-8A-315
Section 35-8A-315 Assessments for common expenses. (a) Until the association makes a common
expense assessment, the declarant must pay all common expenses. After any assessment has been
made by the association, assessments must be made at least annually, based on a budget adopted
at least annually by the association. (b) Except for assessments under subsections (c), (d),
and (e), all common expenses must be assessed against all the units in accordance with the
allocations set forth in the declaration pursuant to Section 35-8A-207(a) and (b). Any past
due common expense assessment or installment thereof bears interest at the rate established
by the association not exceeding 18 percent per year. (c) To the extent required by the declaration:
(1) Any common expense associated with the maintenance, repair, or replacement of a limited
common element must be assessed against the units to which that limited common element is
assigned, equally, or in any other proportion that the declaration...
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35-8A-411
Section 35-8A-411 Release of liens. (a) In the case of a sale of a unit where delivery of an
offering statement is required pursuant to Section 35-8A-402(c) or a disclosure is made pursuant
to Section 35-8A-407, a seller shall record or furnish to the purchaser releases of all liens
or an agreement to release any liens that encumber that unit and its common element interest,
except liens on real estate that a declarant has the right to withdraw from the condominium,
that the purchaser does not expressly agree in a written contract of sale which specifically
identifies such lien and its amount to take subject to or assume, or provide a surety bond
or substitute collateral for or insurance against the lien in the manner provided for liens
on real estate in Section 35-11-233(b). (b) In conveying real estate to the association the
declarant shall have that real estate released from: (i) all liens the foreclosure of which
would deprive unit owners of any right of access to or easement of...
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45-41-260.07
Section 45-41-260.07 Election for coverage. Except where jurisdiction has been obtained by
the commission pursuant to Section 45-41-260.02, the master plan and zoning regulations provided
by the commission shall not be applicable in any beat of Lee County until the majority of
the qualified electors of the beat voting in a special election have signified by their vote
that they desire the authority of the commission, its master plan, and the zoning regulations
to apply to their beat. The election must be held not less than 90 days nor more than 120
days after a petition seeking the election is filed in the office of the judge of probate.
The petition shall be signed by at least 15 percent of the electors who reside within the
beat and who own real estate located in the beat. Notice of the election shall be given by
three weeks' publication and posting notice in two public places within the beat. The cost
of the election shall be paid from the General Fund of Lee County. The ballot...
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9-9-31
Section 9-9-31 Tax levy to defray expenses of proposed works and improvements generally; water
management tax record; additional taxes. (a) After the list of lands and other property with
the assessed benefits and the decree and judgment of the court have been filed as provided
in Section 9-9-29, the board of water management commissioners shall without unnecessary delay
levy a tax of such portion of said benefit on all lands and other property in the district
to which benefits have been assessed as may be found necessary by the board of water management
commissioners to defray the costs and expenses of the proposed works and improvements as incorporated
in the plan of water management, plus 10 percent of said total amount for emergencies. The
said tax shall be apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits assessed and not in excess of 90 percent thereof; and,
in case bonds are issued as provided in this article, then...
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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition of all
terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as
necessary may be promulgated as regulations by the department for further implementation of
this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4) CLEANUP.
For purposes of this chapter, cleanup means the cleaning up, remediation,...
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41-10-45.1
Section 41-10-45.1 Definitions. The following words and phrases shall have the following meanings
when used in this article: (a) AUTHORITY. The State Industrial Development Authority, a public
corporation of the state, organized and existing under Articles 2, 2A, and 2B of this Chapter.
(b) DEPARTMENT. The Alabama Department of Commerce. (c) ELIGIBLE BORROWER. A municipality,
county, industrial development authority organized under Chapter 92A of Title 11, industrial
development board organized under Article 4, Chapter 54 of Title 11, or nonprofit organization
organized to foster economic development and described in Section 501(c) of the Internal Revenue
Code of 1986, as in effect from time to time. (d) ELIGIBLE EXPENSES. Expenses relating to
land acquisition, site preparation or development, building improvements, building construction,
building renovations, infrastructure, and any other real or personal property deemed necessary
or useful in connection therewith. (e) ELIGIBLE...
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9-14E-1
Section 9-14E-1 Definitions. The following terms as used in this section shall have the following
meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources. (2) GOVERNOR.
The Governor of the State of Alabama. (3) GROUND LEASE. A lease of the project site which
shall provide for the rights and responsibilities of the state and any other person which
is a party thereto. (4) GULF STATE PARK. The real property comprising approximately 6,150
acres, and any future additions thereto, including facilities and fixtures located thereon
and appurtenances thereto, owned and managed by the state and the department in south Baldwin
County, Alabama. (5) GULF STATE PARK PROJECT COMMITTEE. The committee established pursuant
to subsection (d) of Section 9-14E-5. (6) PARTY TO AN EXECUTED PROJECT AGREEMENT. The state
or any person who is a party to and is obligated to the state under a project agreement, or
any part thereof. (7) PERSON. Any private person or any public person. (8)...
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