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11-92C-2
Section 11-92C-2 Definitions. For the purposes of this chapter, the following words have the
following meanings: (1) APPLICANT. A natural person who files a written application with the
governing body of any authorizing subdivision in accordance with Section 11-92C-3. (2) AUTHORITY.
Any local redevelopment authority organized pursuant to this chapter. (3) AUTHORIZING RESOLUTION.
A resolution adopted by the governing body of any authorizing subdivision in accordance with
Section 11-92C-3, which authorizes the incorporation of the authority. (4) AUTHORIZING SUBDIVISION.
Any county or municipality that has adopted an authorizing resolution. (5) BOARD. The board
of directors of an authority. (6) BONDS. Any bonds, notes, certificates, or any other form
of indebtedness representing an obligation to pay money. (7) CONTIGUOUS. Two or more tracts
of land if touching for a continuous distance of not less than 200 feet. The term shall include
tracts of land divided by bodies of water, streets,...
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11-99-2
Section 11-99-2 Definitions. As used in this chapter: (1) BLIGHTED OR ECONOMICALLY DISTRESSED
AREA: a. An area in which the structures, buildings, or improvements, by reason of dilapidation,
deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation,
or open spaces, high density of population and overcrowding, or the existence of conditions
which endanger life or property by fire and other causes, or any combination of such factors,
are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
or crime, and are detrimental to the public health, safety, morals, or welfare, or b. Any
area which by reason of the presence of a substantial number of substandard, slum, deteriorated,
or deteriorating structures, predominance of defective or inadequate street layout, faulty
lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe
conditions, deterioration of site or other improvements,...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its pleasure. (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise, and to refinance existing...
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8-6-110
Section 8-6-110 Definitions. The following words and phrases, as used in this article, shall
have the following meanings: (1) AUTHORIZING ACT. Any of the following statutes or acts: a.
Any of the following sections, as amended: Section 11-20-1 et seq., relating to industrial
revenue bonds to be issued by counties; Section 11-54-20 et seq., relating to industrial revenue
bonds to be issued by municipalities; Section 11-54-80 et seq., relating to industrial revenue
bonds to be issued by municipal industrial development boards; Section 11-58-1 et seq., relating
to industrial revenue bonds to be issued by municipal medical clinic boards, Section 22-21-170
et seq., relating to industrial revenue bonds to be issued by county and municipal hospital
authorities; and Section 11-20-30 et seq., relating to industrial revenue bonds to be issued
by county industrial development boards. b. The following acts of the Alabama Legislature:
Act No. 4, enacted at the 1956 Second Special Session of the...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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40-9C-7
Section 40-9C-7 Exemption of certain purchases of tangible personal property used in constructing
brownfield development property. Notwithstanding any other laws, and subject to the limitations
set out in Section 40-9C-5, the gross proceeds of the sale to, or the storage, use, or consumption
by, any contractor of any tangible personal property to be incorporated into a brownfield
development property or major addition for which a private user is granted a valid abatement
of construction related noneducation transaction taxes pursuant to this chapter shall be exempt
from local sales and use taxes, except those county and municipal sales and use taxes levied
for educational purposes or for capital improvements for education. This exemption shall not
apply to any purchase of tangible personal property by a contractor which would not also be
exempt if purchased by a private user who has been granted a valid abatement of construction
related transaction taxes pursuant to this chapter. (Act...
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11-54-101
Section 11-54-101 Powers cumulative; administrative fees. (a) The powers conferred by this
division shall be cumulative of and in addition to all powers heretofore conferred on industrial
development boards by the Industrial Development Board Act. (b) In addition to any other powers
conferred by this division, in order to encourage economic and industrial development and
to promote the creation of jobs within any Class 1 municipality, any industrial development
board in a Class 1 municipality whose directors are elected by the governing body of the Class
1 municipality that grants a tax abatement pursuant to Chapter 9B of Title 40, may charge
an administrative fee in an amount not to exceed .0025 percent of the total estimated investment
amount for the project up to an estimated investment amount of forty million dollars ($40,000,000)
as reflected in the application for abatement of taxes submitted to a board by a private entity,
business, or other private user, as defined in Section...
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11-80-1
Section 11-80-1 Condemnation of lands for public building sites, roads, streets, construction
materials, etc. (a) Counties and municipal corporations may condemn lands for public building
sites or additions thereto, or for enlargements of sites already owned, or for public roads
or streets or alleys, or for material for the construction of public roads or streets or for
any other public use. (b) Notwithstanding any other provision of law, a municipality or county
may not condemn property for the purposes of private retail, office, commercial, industrial,
or residential development; primarily for enhancement of tax revenue; for transfer to a person,
nongovernmental entity, public-private partnership, corporation, or other business entity;
or for the primary purpose of acquiring a mortgage or deed of trust. Provided, however, the
provisions of this subsection shall not apply to the use of eminent domain by any municipality,
housing authority, or other public entity based upon a finding...
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40-7-25.4
Section 40-7-25.4 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE FEBRUARY 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The governing
body of a county may grant an abatement of all or a portion of the taxes otherwise due under
Section 40-7-25.3 with respect to property located within the county. (b) The abatement provided
by subsection (a) may only be granted if all of the following are satisfied: (1) The property
will be used for a qualifying project as defined in Section 40-18-372 (1). (2) The qualifying
project shall create at least the number of new jobs specified in Section 40-18-372 (2). (3)
The property is an area within which not less than fifty million dollars ($50,000,000) of
capital expenditures in connection with the establishment, expansion, construction, equipping,
development, or rehabilitation of such qualifying project is anticipated to be made based
upon representations and information provided by the anticipated...
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40-9C-3
Section 40-9C-3 Definitions. For purposes of this chapter, the following words and phrases
shall have the following meanings: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's
liability for tax. An abatement of local and noneducation transaction taxes imposed under
Chapter 23 of this title shall relieve the seller from the obligation to collect and pay over
the local portion of the noneducation transaction tax as if the sale were to a person exempt,
to the extent of the abatement, from the local portion of the noneducation transaction tax.
(2) BROWNFIELD DEVELOPMENT PROPERTY. Real property which qualifies under Section 22-30E-6
for participation in the voluntary cleanup program established pursuant to Chapter 30E of
Title 22, and any personal property acquired in connection with the cleanup and redevelopment
of such real property. (3) CONSTRUCTION RELATED NONEDUCATION TRANSACTION TAXES. The local
portion of the transaction taxes imposed pursuant to Chapter 23 of this...
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