Code of Alabama

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37-4-130
Section 37-4-130 Right to condemn. Every electric public utility corporation organized under
the laws of this state, and every such corporation organized under the laws of any other state
of the United States and which has complied with the constitution and laws of this state as
to foreign corporations, may in addition to its other rights and powers acquire by condemnation
ways and rights-of-way or easements, without limitation as to width, on, over, under or across
the lands or easements of others, on, over, under or across which it may erect, construct,
operate and maintain transmission and distribution lines for the transmission, distribution,
supply and sale of electric power. Such corporation shall have the right and authority to
clear and remove from such lands, rights-of-way or easements all timber and other growth,
and the right and authority to remove outside of such lands, rights-of-way or easements such
timber as may injure or endanger by shading, falling or otherwise, any...
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10A-20-15.01
Section 10A-20-15.01 Rights, powers, and authority. All corporations organized under the general
laws of this state, or heretofore under a special act of the Legislature, and all corporations
organized under the laws of any other of the United States which have complied with the Constitution
and laws of the State of Alabama as to foreign corporations and which by their charter have
the right to manufacture, supply, and sell to the public power produced by water as a motive
force, shall, after acquiring by purchase, or otherwise than by condemnation, a dam site or
power site comprising not less than one acre of land upon each and opposite sides of any watercourse
or after acquiring by purchase, or otherwise than by condemnation, a dam site comprising not
less than one acre of land upon one side of any watercourse and, where the dam site on the
other side of the watercourse is owned or controlled by the United States, shall have acquired
the permission of the United States to attach to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-20-15.01.htm - 9K - Match Info - Similar pages

37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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10A-21-2.04
Section 10A-21-2.04 Condemnation for rights-of-way or easements by mining, manufacturing, industrial,
power, and quarrying companies. (a) Every mining, manufacturing, industrial, power, and quarrying
corporation or company may acquire by condemnation rights-of-way or easements over or across
the lands or easements of others for ways and rights-of-way on or under which it may erect
or construct and operate railways, tramways, pipelines, transmission lines, cables, ways,
roads, and underground passages not exceeding 100 feet in width for the purpose of connecting
any part of its lands, works, plants, mines, lines, or system with any other part thereof,
with any public road, railroad, navigable water, with the mines, lands, works, plants, lines,
or system of any other such company, corporation, or owner or with any shipping, storage,
delivery, receiving, or distributing point and for the purpose of transporting or transmitting
any materials, equipment, or products used by or mined,...
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37-6-42
Section 37-6-42 Enumerated powers. (a) Any such electric cooperative shall have power: (1)
To supply telephone service in rural areas to its members, to governmental agencies and political
subdivisions, to other persons, and to business entities not in excess of 40 percent of the
number of its members; provided that wireless communications services, including, without
limitation, services classified as of January 1, 1997, as "commercial mobile radio services"
by the Federal Communications Commission, may be provided to any person, firm, corporation,
governmental agency, or political subdivision within any area for which the electric cooperative
is authorized to provide such wireless service under federal law or regulations, without the
business entity being a member of the cooperative, regardless of whether the business entity
is in excess of 40 percent of the number of its members, and, without limiting the foregoing,
should a cooperative acquire any facilities in rural areas...
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10A-21-2.07
Section 10A-21-2.07 Condemnation of water sources, riparian rights and necessary lands by waterworks
corporation. (a) Corporations authorized to construct and operate waterworks for the supplying
of municipalities and their inhabitants, or others living or doing business in the vicinity
of them, with water shall have the power, in order to obtain a supply of water for their storage
ponds, reservoirs, pipes, and canals, to take over and use, after condemning the same, water
of any river, stream, spring, or other water source which may be necessary for them to use
for that purpose. They may also acquire by condemnation riparian rights and all lands adjacent
to such streams or water sources as shall be necessary to protect and preserve the purity
of such supply; and they shall also have the power to condemn rights-of-way and sites of any
necessary area for pipelines, ditches, canals, dams, storage ponds, reservoirs, and other
necessary purposes for the operation of their waterworks and...
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful bylaws,
rules, and regulations for the transaction of its business and the control of its property
and affairs; (4) To have the same right of eminent domain through condemnation conferred by
Section 10-5-1, or any subsequent statute of similar import; provided...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50A-8.htm - 13K - Match Info - Similar pages

45-36A-104
Section 45-36A-104 Electric power board. (a) As used in this section the words electric board
shall mean the Electric Power Board of the City of Scottsboro, Alabama, in Jackson County,
a corporation organized under Title 37, Section 402 (15), and existing under the authority
of Sections 11-50-310 et al. (b) In addition to all other powers, rights, and authority heretofore
granted by law: (1) The electric board is hereby authorized and empowered to acquire, purchase,
construct, lease, operate, maintain, enlarge, extend, and improve a community antenna television
system, CATV, which may be defined, without limiting the generality, as a facility that in
whole or in part, receives directly, or indirectly, or over the air, and amplifies or otherwise
modifies the signal transmitting programs broadcast by one or more television or radio stations
from any point within this state or any other state and distributes such signals by wire or
cable or any other means to subscribing members of the...
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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...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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