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37-1-140
Section 37-1-140 Direct appeal to Supreme Court as matter of right; preferred setting of appeals;
time for taking appeals; bond required when appellant is utility or person. In all cases involving
controversies respecting rates and charges of telephone companies or public utilities, an
appeal from any action or order of the Alabama Public Service Commission in the exercise of
the jurisdiction, power and authority conferred upon it by this title, as amended and supplemented,
shall lie directly to the Supreme Court of Alabama. All such appeals shall be given a preferred
setting in the supreme court and shall be heard and determined by said court en banc. Nothing
in this subdivision 2 shall be deemed to apply to any such cases other than those in which
rates and charges are involved. All such appeals shall be taken within 30 days from the date
of such action or order of the Alabama Public Service Commission and shall be granted as a
matter of right and be deemed perfected by filing with...
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37-4-101
Section 37-4-101 Definitions. The following words, when used in this article, shall have the
following meanings, unless otherwise clearly apparent from the context: (1) COMMISSION. The
Public Service Commission of Alabama. (2) PERSON. Such term shall include any individual,
partnerships, corporations, companies, associations, administrators, executors, trustees and
receivers appointed by any court whatsoever. (3) RADIO UTILITY. Any person or organization
which owns, controls, operates or manages a radio utility system; except, that such definition
shall not include a telephone utility or telegraph utility regulated by the commission. (4)
RADIO UTILITY SYSTEM. A system employing any facility within this state to offer a radio service
on a for-hire basis to the members of the public who subscribe to such service, and which
is operated under such circumstances as would require a license by the Federal Communications
Commission as a miscellaneous common carrier in the domestic land mobile...
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9-10B-19
Section 9-10B-19 Promulgation of rules governing declarations of beneficial use and certificates
of use. As soon as reasonably practicable, but in no event later than one year from February
23, 1993, the commission, in consultation with the Office of Water Resources, shall promulgate
and adopt rules and regulations governing declarations of beneficial use and certificates
of use. Such rules and regulations shall be consistent with the objectives of this chapter
and the provisions of this section. In addition to any other requirement established by the
commission, the following provisions shall govern all declarations of beneficial use submitted
to, and certificates of use issued by, the Office of Water Resources: (1) Certificates of
use may be transferred, consigned, or conveyed, in whole or in part, in accordance with rules
and regulations promulgated by the commission; (2) Declarations of beneficial use shall be
submitted periodically in accordance with regulations promulgated by the...
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34-11-14
Section 34-11-14 Persons and acts exempt from chapter. This chapter shall not be construed
to prevent or to affect any of the following: (1) The practice of any other legally recognized
profession or trade. (2) The work of an engineer intern or land surveyor intern, employee,
or a subordinate of any person holding a certificate of licensure under this chapter, or any
employee of a person practicing lawfully under paragraph b of subdivision (1) of Section 34-11-4,
provided the work does not include final engineering or land surveying designs or decisions
and is done under the responsible charge of and verified by an individual holding a certificate
of licensure under this chapter. (3) The practice of officers and employees of the government
of the United States while engaged within this state in the practice of engineering or land
surveying for the government. This exception does not extend to any engineer or land surveyor
engaged in the practice of professional engineering or land...
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42-2-7
Section 42-2-7 Commissioners for assessment of damages and compensation - Appointment; notice
to commissioners; duties. If the application is granted, the judge of probate must appoint
three citizens of the county in which the lands sought to be condemned are situated, who shall
possess the qualifications of jurors, who shall be disinterested and who shall be required
to file a certificate along with their award that neither of them had ever been consulted,
advised with or approached by any person in reference to the value of the lands or the proceedings
to condemn the same, prior to the assessment of the damages, and that they knew nothing of
the same before their appointment. The judge of probate is authorized to fill any vacancy
occasioned by the death, resignation, failure to act or any disqualification of any such commissioners
from interest, prior knowledge of the subject matter or by being consulted, advised with or
approached in reference to the condemnation of such lands prior...
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45-2-260
Section 45-2-260 Regulation of setbacks. (a) This section shall apply only to Baldwin County.
(b) The Baldwin County Commission, through the county planning and zoning commission, shall
regulate the construction setback from the centerline of any state or county public road or
highway located outside the corporate limits of a municipality in Baldwin County. (c) The
provisions of this section do not apply to poles, facilities, structures, water, gas, sewer,
electric, telephone, bill boards, or utility lines or other facilities of public utilities.
(d) The construction setback from any state or county public road or highway shall vary according
to the highway functional classifications submitted by the Baldwin County Commission and approved
by the Federal Highway Administration for Baldwin County. (e) The functional classifications
and the construction setbacks required for each classification are established as follows:
(1) Principal arterials require a 125 foot setback from the...
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45-29-90.11
Section 45-29-90.11 Regulation of zoning, planning, and construction. For the purpose of promoting
the health, safety, morals, convenience, environment order, prosperity, and general welfare,
all power and authority regarding zoning and planning within the management area is hereby
vested in the board of directors of the authority. As described herein, no regulated activity
shall commence without the applicant having first obtained a land use certificate as issued
by the authority. (1) The board is authorized to regulate the planning, zoning, and construction
within the management area of all activity involving public streets, public roads, subdivisions,
drainage structures in subdivisions, mobile home parks, residential and commercial developments,
apartments, recreation parks, coal mining, gas/oil and methane exploration and development,
excavation, and logging. The board is hereby authorized to adopt and enforce such ordinances
as shall be necessary to implement any development...
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9-9-76
Section 9-9-76 Entry, approval, etc., of assessments against lands for improvements; proceedings
as to delinquencies. (a) When a subdistrict shall have been established by order of the county
commission, the owners of land within the subdistrict shall, through their officers or directors
and in keeping with the provisions of the constitution and bylaws of the subdistrict, fairly,
justly and equitably, insofar as possible, prorate the costs of the improvements to be made
and other necessary expenses and enter same as an assessment or assessments against the benefited
land of each owner of land within the subdistrict. When such assessments shall have been approved
by the county commission, they shall be filed with the chairman, and each assessment shall
constitute a prior lien, subject only to state and county taxes, against the benefited land
so assessed. Said assessments shall be due and payable as the work progresses. (b) If any
owner of land within such subdistrict shall fail to pay...
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11-50-211
Section 11-50-211 Conveyance authorized; terms and conditions; ordinances and resolutions.
Every municipality shall have the power, without the necessity of an election of the qualified
voters of such municipality, to transfer and convey to any regulated utility any gas system,
or part thereof, owned by the said municipality; and any public gas corporation shall have
the power, without the necessity of an election of the qualified voters of any authorizing
municipality, to transfer and convey to any regulated utility any gas system, or part thereof,
owned by the said public gas corporation; provided, that: (1) Prior to any such transfer or
conveyance by a municipality, its governing body must have adopted an ordinance authorizing
such transfer and conveyance; (2) Prior to any such transfer and conveyance by a public gas
corporation, its board of directors must have adopted a resolution authorizing such transfer
and conveyance, and each authorizing municipality with respect to that...
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37-9-4
Section 37-9-4 Exemptions from operation of chapter - Interstate commerce. Nothing in this
chapter shall apply to, or be construed or held to apply to, any common carrier by aircraft
which the commission shall by order determine to be engaged mainly and principally in interstate
commerce and whose intrastate business is incidental to its interstate business, provided
the commission shall find that its operations are conducted pursuant to a certificate or certificates
of public convenience and necessity issued by the Civil Aeronautics Board of the United States
of America or by any other governmental agency successor thereto. (Acts 1945, No. 269, p.
414, ยง25.)...
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