Code of Alabama

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40-7-15
Section 40-7-15 Property to be appraised at fair market value. Except as otherwise provided
by law, for the purpose of assessment, real and personal property shall be appraised at its
fair and reasonable market value, according to the best judgment the assessor, the board of
equalization, and agents of the Department of Revenue can form upon information, inspection,
or otherwise, taking into consideration all elements or factors bearing on such value as heretofore
or hereafter authorized; mineral, coal, oil, gas, timber, and turpentine interests, when they
have been severed in ownership from the soil, by sale or otherwise, shall be separately appraised
and assessed. Notwithstanding the above, all property under lease as of October 1, 1978, which
lease does not provide for a direct passthrough of property taxes to the lessee, shall be
appraised solely on the basis of the economic net return to the owner. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, ยง46; Acts 1978, 2nd Ex. Sess., No....
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45-41-141
Section 45-41-141 Definitions. (a) The following words and phrases used in this part, and others
evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise,
shall be given the following respective interpretations herein: (1) AMENDMENT 392. That certain
amendment to the Constitution of Alabama of 1901, as amended, proposed by Act 80-313 enacted
at the 1980 Regular Session of the Legislature. (2) AUTHORIZING AMENDMENT. That certain amendment
to the Constitution of Alabama of 1901, as amended, proposed by Act 88-479 enacted at the
1988 Regular Session of the Legislature. (3) CODE. The Code of Alabama 1975, as amended. (4)
COMMERCIAL BUILDING. Any building, structure, or other improvement to real property, excluding,
however, any dwelling that: a. Is subject to ad valorem taxation and has a fair market value,
according to the records of the tax assessor pertaining to state and county ad valorem taxation
for the fiscal or ad valorem tax year of the...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
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18-1A-22
Section 18-1A-22 Offer to purchase at full appraised value; amount of compensation; written
statement and summary; waiver valuation. (a)(1) Before commencing a condemnation action, the
condemnor shall establish an amount based on an appraisal, except as otherwise provided in
subsection (e), which it believes to be just compensation therefor and promptly shall submit
to the owner an offer to acquire the property for the full amount so established. (2) The
amount may not be less than the condemnor's established amount of just compensation for the
property. (b) In a total taking, the condemnor shall disregard any decrease or increase in
the fair market value of the property caused by the project for which the property is to be
acquired or by the reasonable likelihood that the property will be acquired for that project,
other than normal depreciation. (c)(1) The amount of compensation to which the owners and
other parties interested therein are entitled may not be reduced or diminished...
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18-4-14
Section 18-4-14 Procedure for acquiring real property. Whenever real property is acquired by
a state agency in connection with any programs or projects, the acquisition shall be conducted,
to the greatest extent practicable, in accordance with the following: (1) An agency shall
make every reasonable effort to acquire, expeditiously, real property by negotiation. (2)
Real property shall be appraised before the initiation of negotiations, and the owner or his
or her designated representative shall be given an opportunity to accompany the appraiser
during his or her inspection of the property. (3) Before the initiation of negotiations for
real property, the state agency concerned shall establish an amount which it believes to be
just compensation for the property and shall make a prompt offer to acquire the property for
the full amount established. In no event shall the amount be less than the approved appraisal
of the fair market value of the property by the agency. Any decrease or...
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40-8-1
Section 40-8-1 Classification of property; assessment rate. (a) On and after October 1, 1978,
with respect to ad valorem taxes levied by the state, and, unless otherwise provided, with
respect to ad valorem taxes levied by a county, municipality, or other taxing authority other
than the state, all taxable property shall be divided into the following classes and no other
and shall be assessed for ad valorem tax purposes at the following ratios of assessed value
to the fair and reasonable market value of such property, or, as may be provided by law, to
the current use value of such property: CLASS I. All property of utilities used in the business
of such utilities, 30 percent. CLASS II. All property not otherwise classified, 20 percent.
CLASS III. All agricultural, forest, and residential property, and historic buildings and
sites, 10 percent. CLASS IV. All private passenger automobiles and motor trucks of the type
commonly known as "pickups" or "pickup trucks" owned and operated by an...

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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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40-3-19
Section 40-3-19 Meetings - Hearing objections to valuations. For the purpose of hearing objections
filed in writing to any assessments or valuations fixed as provided for herein, the boards
of equalization shall sit at the courthouse in their respective counties on the date specified
by the Department of Revenue in each year, and shall continue as long as may be necessary;
provided, that the sitting shall not be extended beyond the second Monday in July, unless
otherwise ordered by the Department of Revenue, to dispose of all cases where objections to
valuations or assessments have been filed in writing by any taxpayer, as provided in this
chapter. For the purpose of hearing objections filed in writing to any assessments or valuations
fixed as provided for herein, in counties where the board of equalization serves full time,
the boards of equalization shall sit at the courthouse in their respective counties, beginning
on the date specified by the Department of Revenue, to dispose of...
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40-7-25.2
Section 40-7-25.2 Current use value of Class III property - Qualification procedure; appeal
from denial of application; new owner required to reapply upon sale of property. (a) Any owner
of eligible taxable property described in Section 40-7-25.1 may apply to have such property
assessed for purposes of ad valorem taxation at the appropriate ratio of assessed value to
the current use value of such property by filing a written application, in form as prescribed
by the Department of Revenue, with the tax assessor of the county in which such property is
located, on and after October 1 but not later than January 1 in any taxable year; provided,
however, that with respect to assessments of eligible taxable property respecting the taxable
year that began on October 1, 1981, such applications may be filed with the tax assessor not
later than June 30, 1982. (b) The application form for qualification of real property as agricultural
property shall set forth a description of the real property, a...
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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue,
and it shall have the power and authority, in addition to the authority now in it vested by
law: (1) To have and exercise general and complete supervision and control of the valuation,
equalization, and assessment of property, privilege, or franchise and of the collection of
all property, privilege, license, excise, intangible, franchise, or other taxes for the state
and counties, and of the enforcement of the tax laws of the state, and of the several county
tax assessors and county tax collectors, probate judges, and each and every state and county
official, board, or commission charged with any duty in the enforcement of tax laws, to the
end that all taxable property in the state shall be assessed and taxes shall be imposed and
collected thereon in compliance with the law and that all assessments on property, privileges,
intangibles, and franchises in the state shall be made in exact...
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