22-52-3
Section 22-52-3 Service of petition and order setting petition for hearing upon person sought
to be committed; contents of notice. When any petition has been filed seeking the involuntary
commitment of a respondent and such petition has been reviewed by the probate judge, the probate
judge shall order the sheriff of the county in which the respondent is located to serve a
copy of the petition, together with a copy of the order setting the petition for a hearing,
upon the respondent. Said notice shall include the date, time and place of the hearing; a
clear statement of the purpose of the proceeding and the possible consequences to the subject
thereof; the alleged factual basis for the proposed commitment; a statement of the legal standards
upon which commitment is authorized; and a list of the names and addresses of the witnesses
who may be called to testify in support of the petition. The hearing shall be preceded by
adequate notice to the respondent. (Acts 1975, No. 1226, p. 2562,...
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45-48-142.23
Section 45-48-142.23 Fire protection service fee - Referendum. (a) After the county commission
establishes a fire district, the qualified electors of that district may file a petition,
signed by at least five percent of the qualified electors in the fire district who voted in
the last general election, with the office of the judge of probate who shall then order a
referendum to be held in the fire district on the question of establishing a fire protection
service fee for the fire district. Section 45-48-142.27 shall apply to all elections provided
by this subpart. (b) The petition shall contain the name and description of the fire district
area and shall request the judge of probate to call an election on the following question:
"Do you favor the assessment of a fire service fee in the amount of $ (dollars) a month
for the purpose of funding fire protection services in this volunteer fire district? Yes No"
(c) The fee shall not exceed ten dollars ($10) a month. (Act 2013-403, p. 1543,...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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45-30-140.04
Section 45-30-140.04 Fire protection service fee - Referendum. (a) The qualified electors of
a fire district may file a petition, signed by at least 50 registered voters in the fire district,
with the office of the judge of probate, who shall then order a referendum to be held in the
fire district on the question of establishing a fire protection service fee for the fire district.
Section 45-30-140.08 shall apply to all elections provided for by this article. (b) The petition
shall contain the name and description of the fire district area and shall request the judge
of probate to call an election on the following question: "Do you favor the assessment
of a fire protection service fee in the amount of $____ a month collected annually with property
tax payments for the purpose of funding fire protection services in this volunteer fire district?
Yes __ No __." (c) The fee may not exceed six dollars ($6) a month. (Act 2015-513, 1st
Sp. Sess., §5.)...
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11-42-43
Section 11-42-43 Ordering of election. Within 10 days of the date of the filing of such certified
copy of resolution with plat or map attached, the judge of probate must make and enter an
order upon the minutes of said court directing and ordering an election to be held by the
qualified electors residing within the territory described in such plat or map not less than
20 days nor more than 40 days from the date of the making of the order. (Code 1907, §1078;
Code 1923, §1772; Code 1940, T. 37, §141.)...
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22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person's conduct could reasonably be expected to prevent the hearing from
being held in an orderly manner, and the probate judge has judicially found and determined
from evidence presented in an adversary hearing that the person proposed to be committed is
so mentally or physically ill as to be incapable of attending such proceedings. Upon such
findings, an order shall be entered approving the waiver. (2) The person...
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45-2-261.07
Section 45-2-261.07 Procedure for exercising jurisdiction in each district. The Baldwin County
Commission shall not exercise its planning and zoning powers and jurisdiction in any district
established hereunder until the majority of the qualified electors of the district voting
in an election shall have voted their desire to come within the planning and zoning authority
of the Baldwin County Commission. The election shall be held if 10 percent of the qualified
electors in any district submit a written petition to the county commission expressing a desire
to be subject to the planning and zoning jurisdiction of the Baldwin County Commission under
authority of this subpart. For the purposes of the establishment of districts after June 1,
2010, a district shall correspond to a voting precinct or precincts in the county unless the
county governing body determines that the use of voting precinct boundaries is not feasible.
A party or parties seeking to file a petition shall notify the...
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45-44-260.07
Section 45-44-260.07 Election for coverage. Except where jurisdiction has been obtained by
the planning commission pursuant to Section 45-44-260.02, the master plan and zoning regulations
provided by the planning commission shall not be applicable in any beat of Macon County until
the majority of the qualified electors of the beat voting in a special election have signified
by their vote that they desire the authority of the planning commission, its master plan,
and the zoning regulations to apply in their beat. The election must be held not less than
30 or more than 45 days after a petition seeking the election is filed in the office of the
judge of probate. The petition shall be signed by at least 25 percent of the electors who
reside within the beat and who own real estate located within the beat. Notice of the election
shall be given by three weeks' publication and posting notice in two public places within
the beat. The cost of the election shall be paid from the general fund of...
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45-49-261.06
Section 45-49-261.06 Procedures for exercising planning and zoning powers. The Mobile County
Commission shall not exercise its planning and zoning powers established hereunder until the
majority of the qualified electors in the proposed planning jurisdiction shall have voted
their desire to come within the planning and zoning authority of the Mobile County Commission.
The election shall be held if 10 percent of the qualified electors in the planning jurisdiction
submit a written petition to the county commission expressing a desire to be subject to the
planning and zoning jurisdiction of the Mobile County Commission under authority of this part
or upon a resolution of the county commission. The county commission and the Judge of Probate
of Mobile County shall certify or reject the accuracy of the petition no later than 45 days
after receiving the petition, or in the case of an election to be held by resolution of the
county commission, the county commission shall certify the adoption...
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45-37A-52.01
Section 45-37A-52.01 Petition for election. The filing of a petition signed by 10 percent or
more of the qualified electors of such city, asking that the proposition of the adoption of
the mayor-council form of government for such city be submitted to the qualified voters thereof,
with the judge of probate of the county in which such city is located, shall mandatorily require
an election to be held as herein provided. Whenever such a petition purporting to be signed
by at least 10 percent of the qualified voters of such city shall be presented to such judge
of probate, he or she shall examine such petition and determine whether or not the same is
signed by at least 10 percent of the qualified voters of such city, and if such petition is
signed by the requisite number of voters to require such an election, he or she shall within
15 days from the receipt of such petition certify such fact to the mayor or other chief executive
officer of the city for which such election is so petitioned,...
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