Code of Alabama

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37-4-29
Section 37-4-29 Certificate of convenience and necessity - Time for exercising authority conferred.
Unless exercised within a period designated by the commission, but not exceeding one year
from the grant thereof, exclusive of any delay due to the order of any court, or the failure
to obtain any grant or consent, authority conferred by a certificate of convenience and necessity
issued by the commission shall be null and void; but the beginning of the construction of
the road, line, system or works of such utility, in good faith within the time prescribed
by the commission, and the prosecution of the same with reasonable diligence, shall constitute
a compliance with such certificate. (Acts 1920, No. 37, p. 38; Code 1923, §9797; Code 1940,
T. 48, §334.)...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
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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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37-9-19
Section 37-9-19 Certificates for common carriers and permits for contract carriers - Issuance
or denial; standards; temporary authorization for service. (a) The commission shall, subject
to subsections (b) and (d) of this section and Section 37-9-18, issue a certificate or permit
as applied for authorizing the whole or any part of the operation covered by an application
for a certificate or permit, if it finds that the applicant is fit, willing and able to perform
such operation properly and to conform to the provisions of this chapter and the rules, regulations
and requirements of the commission hereunder, and that such operation, and the performance
thereof by the applicant, is required by public convenience and necessity or for the public
interest, as the case may be, and is consistent with the declaration of policy declared in
Section 37-9-5; otherwise, such application shall be denied. If the commission finds that
the public convenience and necessity or the public interest, as the...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
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37-3-12
Section 37-3-12 Certificate of public convenience and necessity - Scope of authority granted;
deviations; charter parties; transportation of newspapers, baggage or mail; abandonment or
discontinuance. (a) Any certificate issued under Sections 37-3-10 and 37-3-11 shall specify
the service to be rendered and the routes over which, the fixed termini, if any, between which,
and the intermediate and off-route points, if any, at which, and in case of operations not
over specified routes or between fixed termini, the territory within which the motor carrier
is authorized to operate; and there shall at the time of issuance and from time to time thereafter
be attached to the exercise of the privilege granted by the certificate such reasonable terms,
conditions and limitations as the public convenience and necessity may from time to time require,
including terms, conditions and limitations as to the extension of the route or routes of
the carrier, and such terms and conditions as are necessary...
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37-4-113
Section 37-4-113 Construction and maintenance of antennas and towers; right of eminent domain.
Any radio utility operating a radio system under authority of a certificate of public convenience
and necessity issued by the Alabama Public Service Commission shall, where necessary and upon
making due compensation, have the right to construct, maintain and operate antennas and towers,
for the purpose of broadcasting and receiving radio signals, upon any private lands or property,
and to that end, may have and exercise the right of eminent domain; provided, that the antenna
equipment be so erected, placed and maintained as not to obstruct or interfere with the ordinary
use of such land or property, or with the convenience of any land or property owners, more
than may be avoidable; provided further, that where it is necessary for such radio utilities
to exercise the right of eminent domain, they shall proceed to exercise the same in the same
manner as provided by law for the exercise of such...
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11-19-24
Section 11-19-24 Construction of chapter not to impair right of eminent domain, etc., granted
to utilities. This chapter shall not be construed to impair the right of eminent domain granted
heretofore or hereafter by the laws of this state to utilities, whether public or private,
or their right to design, locate, erect, construct, reconstruct, alter, or maintain utility
poles, towers, lines, conduits, pipes, or mains reasonably required in the public service
or their right to exercise authority conferred by statute, franchise, certificate of convenience
and necessity, license, or easement. (Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §24.)...

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