Code of Alabama

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26-1A-204
Section 26-1A-204 Real property. (a) Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to real property authorizes
the agent to: (1) demand, buy, lease, receive, accept as a gift or as security for an extension
of credit, or otherwise acquire or reject an interest in real property or a right incident
to real property; (2) sell; exchange; convey with or without covenants, representations, or
warranties; quitclaim; release; surrender; retain title for security; encumber; partition;
consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or
other governmental permits; plat or consent to platting; develop; grant an option concerning;
lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise
grant or dispose of an interest in real property or a right incident to real property; (3)
pledge or mortgage an interest in real property or right incident to...
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34-24-536
Section 34-24-536 Enforcement of interstate compact. (a) The interstate commission, in the
reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(b) The interstate commission, by majority vote of the commissioners, may initiate legal action
in the United States District Court for the District of Columbia, or, at the discretion of
the interstate commission, in the federal district where the interstate commission has its
principal offices, to enforce compliance with the provisions of the compact, and its promulgated
rules and bylaws, against a member state in default. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing party,
which is expressly limited to the interstate commission or a member state, shall be awarded
all costs of such litigation including reasonable attorney's fees, but this provision does
not apply to third parties or private citizens. (c) The remedies...
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8-2-4
Section 8-2-4 Agent's authority to effect purpose of agency and represent authority. An agent
has authority to: (1) Do everything necessary or proper and usual in the ordinary course of
business for effecting the purpose of his agency; and (2) Make a representation respecting
any matter of fact, not including the terms of his authority, but upon which his right to
use his authority depends and the truth of which cannot be determined by the use of reasonable
diligence on the part of the person to whom the representation is made. (Code 1923, §9535;
Code 1940, T. 9, §69.)...
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26-1A-205
Section 26-1A-205 Tangible personal property. Unless the power of attorney otherwise provides,
language in a power of attorney granting general authority with respect to tangible personal
property authorizes the agent to: (1) demand, buy, receive, accept as a gift or as security
for an extension of credit, or otherwise acquire or reject ownership or possession of tangible
personal property or an interest in tangible personal property; (2) sell; exchange; convey
with or without covenants, representations, or warranties; quitclaim; release; surrender;
create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose
of tangible personal property or an interest in tangible personal property; (3) grant a security
interest in tangible personal property or an interest in tangible personal property as security
to borrow money or pay, renew, or extend the time of payment of a debt of the principal or
a debt guaranteed by the principal; (4) release, assign,...
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37-15-10.1
Section 37-15-10.1 Underground Damage Prevention Authority. (a) The Underground Damage Prevention
Authority is created for the purpose of enforcing this chapter and for reviewing penalty provisions
and the adequacy of the enforcement process. It is the intent of the Legislature that the
authority and its enforcement activities not be funded by appropriations from the state budget.
(b) The authority shall utilize the services of the Alabama Public Service Commission to provide
administrative support for the authority, subject to the concurrence by the authority board.
The Public Service Commission shall charge the expenses associated with the administrative
duties of the authority back to the authority, subject to the concurrence of the authority
board. The administrative support provided by the Alabama Public Service Commission to the
authority is in an administrative capacity only and nothing in this chapter shall expand the
jurisdiction of the Alabama Public Service Commission in any...
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41-4-356
Section 41-4-356 Implementation of article. The Director of Finance shall implement this article
to achieve the intent expressed herein and shall have such full authority and power necessary
to accomplish its objectives, including the following express powers, together with those
that may be reasonably implied therefrom by the director in the exercise of his or her discretion:
(1) To organize the divisions in such fashion as the director determines will be most effective,
to accomplish the objectives of this article. (2) To employ such personnel as he or she deems
necessary, subject to the provisions of the Merit System law, except as otherwise permitted
by other provisions hereof. The State Personnel Board shall establish such positions as the
director determines are needed for operations of the divisions. (3) To engage such consultants,
lawyers, accountants, real estate brokers, agents, and other professionals and service providers
to provide advice, counsel, and such other services...
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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody. When
a child is taken into custody, the person taking the child into custody shall inform the child
of all of the following, in language understandable to the child: (1) The reason that the
child is being taken into custody. (2) That the child has the right to communicate with his
or her parent, legal guardian, or legal custodian whether or not that person is present. If
necessary, reasonable means will be provided for the child to do so. (3) The child has the
right to communicate with an attorney. If the child does not have an attorney, one will be
appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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18-4-17
Section 18-4-17 Expenses incurred from declaratory judgment proceedings. Where a declaratory
judgment proceeding is instituted by the owner of any right, title, or interest in real property
because of use of his or her property in any program or project undertaken by a state agency,
the court, rendering a judgment for the plaintiff in the proceeding and awarding compensation
for the taking of property, or the Attorney General effecting a settlement of any proceeding,
shall determine and award or allow to a plaintiff, as a part of a judgment or settlement,
a sum that shall, in the opinion of the court or the Attorney General, as the case may be,
reimburse the plaintiff for his or her reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.
(Act 99-582, p. 1318, §18.)...
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26-1A-213
Section 26-1A-213 Personal and family maintenance. (a) Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect to personal
and family maintenance authorizes the agent to: (1) perform the acts necessary to maintain
the customary standard of living of the principal, the principal's spouse, and the following
individuals, whether living when the power of attorney is executed or later born: (A) the
principal's children; (B) other individuals legally entitled to be supported by the principal;
and (C) the individuals whom the principal has customarily supported or indicated the intent
to support; (2) make periodic payments of child support and other family maintenance required
by a court or governmental agency or an agreement to which the principal is a party; (3) provide
living quarters for the individuals described in paragraph (1) by: (A) purchase, lease, or
other contract; or (B) paying the operating costs, including...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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