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18-1A-191
Section 18-1A-191 View of the property taken. (a) Upon motion of a party or its own motion,
the circuit court may direct the jury to be placed in charge of an officer of the court and
taken personally to view the property sought to be taken. Upon like motion, if the case is
tried before the circuit court without a jury, the judge presiding at the trial may view the
property. The circuit court may prescribe additional terms and conditions consistent with
this section. (b) During a view of the property by the jury, the judge presiding at the trial
shall be present and supervise the proceedings. The parties, their attorneys, engineers, and
other representatives may be present during a view by the jury or judge. (c) During a view,
only the judge presiding at the trial or person designated by the circuit court may make a
statement to the jury relating to the subject matter of the action, and any such statement
must be transcribed as a part of the record. (d) The physical characteristics of...
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11-51-21
Section 11-51-21 Certification to circuit court of unpaid assessments for improvements and
collection thereof from proceeds of sale; effect of sales upon tax and assessment liens. If
any assessment for street improvements or otherwise are due and unpaid, the amounts assessed
against such property may also be certified by the city or town clerk to the register or clerk
of the circuit court and may be collected out of the proceeds of the sale of such property
as in the case of taxes, but no sale of property by the city or town for taxes shall relieve
the property of the lien for assessments due the city or town, and no sale for assessments
shall relieve the property of the lien for taxes due the city or town unless the same shall
have been paid. (Code 1907, §1323; Code 1923, §2138; Code 1940, T. 37, §684.)...
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45-10-170.44
Section 45-10-170.44 Violations. (a) Any violation of this subpart shall constitute a public
nuisance subject to a civil fine of fifty dollars ($50) per day not to exceed three thousand
dollars ($3,000) to be assessed by the county commission. Any person assessed a fine pursuant
to this section may pay the fine to the county commission or request, within 30 days of receipt
of the citation, a due process hearing before the county commission or a hearing officer appointed
by the county commission on the validity of the citation. An order of the county commission
or its hearing officer finding a violation and an assessment of a civil fine shall be final
within 30 days thereof unless appealed to the Circuit Court of Cherokee County based upon
the record of the due process hearing. Any fine due and owing shall be considered a debt owed
to the county commission and shall be enforceable by civil action in the same manner as any
other debt. The person or entity owing the fine shall be liable...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal
court judge, it appears that there is reason to fear the commission of any offense by the
person complained of, such judge must issue a warrant directed to any lawful officer of the
state, containing the substance of the complaint and commanding such officer forthwith to
arrest the person complained of and bring him before him or some other judge having jurisdiction
of the matter. (b) The warrant may be after the following form: "State of Alabama, ___
County. To any lawful officer of the state: Complaint on oath having been made before me that
C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly
the offense threatened or about to be committed) on the person or property of ______, you
are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other
judge having jurisdiction of the matter, setting forth his name and office)....
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11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc. (a) Whenever
the proprietor or proprietors or any of them of any of the lands necessary for any of the
purposes provided in Section 11-47-171 or necessary for opening new streets or widening old
streets and the mayor or other chief executive officer cannot agree on a price of said lands
or cannot agree as to the amount to be paid for changing the grade of any street, sidewalk,
or public place and whenever the proprietor or proprietors thereof shall be an infant, non
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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45-45-174
Section 45-45-174 Noise control. (a) In Madison County, the Madison County Commission may enact
a noise ordinance for the areas outside of the corporate limits of any municipality and may
provide that a violation of the ordinance constitutes a public nuisance subject to a civil
fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in
the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation
of the ordinance. The ordinance may provide that the person charged with a violation may pay
a civil fine or request, within 30 days of receipt of the citation, a due process hearing
before the Madison County Commission or a hearing officer designated by the Madison County
Commission on the validity of the citation. An order of the Madison County Commission finding
a violation and an assessment of a civil fine shall be final within 30 days thereof unless
appealed to the Circuit Court in Madison County based on the...
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2-2-14.2
Section 2-2-14.2 Forfeiture of conveyances and vehicles used to perpetrate livestock theft.
(a) All conveyances and vehicles of transportation including trailers and semitrailers, equine
or equidae, or any other equipment, together with all harness or other accessories, which
have been used, or are used in the commission of theft of livestock, as defined in Section
13A-8-4(f), shall be contraband, and in the discretion of the circuit court, may be forfeited
to the state Department of Agriculture and Industries, as hereinafter provided. (b) Livestock
theft investigators, appointed under Section 2-2-14, or any other officer authorized to enforce
those laws pertaining to the theft of livestock, who finds any vehicle, conveyance or equipment,
listed above, which is being, or has been, used in the perpetration of the crime of theft
of livestock, shall seize said vehicle, conveyance or equipment listed above, and report said
seizure to the district attorney in the county where the seizure...
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40-7-25
Section 40-7-25 Estimation of fair market value; assessment list; notice; objections. Except
as otherwise provided by law, the assessing official shall, from information entered on the
tax return list and from all other information known to him or her, or which he or she may
procure, proceed to ascertain what, in his or her best judgment, is a fair and reasonable
market value of each item of property returned by or listed to any taxpayer; provided, that
the assessed value of any real estate or improvements as fixed for taxation for the year next
preceding the then current tax year shall be prima facie the basis of the value of the property
for assessment for the current tax year, and the property shall not be assessed for taxation
at a less valuation unless, upon evidence submitted to the county board of equalization, as
provided for herein, it is found that the assessed valuation of the property reviewed should
be reduced. The assessing official shall in separate columns enter on the...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any
circuit or district court judge in this state is authorized to issue a warrant to install
a tracking device. The term tracking device means an electronic or mechanical device which
permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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