Code of Alabama

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37-4-61
Section 37-4-61 Voluntary sales. If within 30 days after receipt of such notice the owner shall
propose voluntarily to sell and transfer such property to the agency upon terms and conditions
to be mutually agreed upon between the owner and the agency and approved by the Alabama Public
Service Commission, and serve a copy of such proposal upon the agency and upon the commission,
the commission shall fix a time and place to hear and consider such proposal and notify all
parties interested therein. If the terms and conditions of purchase and sale shall be agreed
upon by and between the owner and the agency and approved by the commission, the commission
shall announce its approval thereof by appropriate order, and the agency shall by resolution
or ordinance, as the case may be, authorize and direct the execution on the part of the agency
of such contract in writing and other instrument and take any and every other action with
reference thereto necessary or appropriate to consummate such...
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41-22-5
Section 41-22-5 Notice of intent to adopt, amend, or repeal rules; adoption of emergency rules;
procedural requirements; proceedings to contest rules. (a) Prior to the adoption, amendment,
or repeal of any rule, the agency shall: (1) Give at least 35 days' notice of its intended
action. Date of publication in the Alabama Administrative Monthly shall constitute the date
of notice. In addition to the other requirements of this chapter, the notice shall state whether
the proposed adoption, amendment, or repeal of the rule relates to or affects in any manner
any litigation which the agency is a party to concerning the subject matter of the proposed
rule. The notice shall include a statement of either the terms or substance of the intended
action or a description of the subjects and issues involved, shall specify a notice period
ending not less than 35 days or more than 90 days from the date of the notice, during which
period interested persons may present their views, and shall specify the...
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5-5A-35
Section 5-5A-35 Agreements between principal and sureties on bond for deposit of money and
assets in bank, etc. It shall be lawful for any party of whom a bond, undertaking or other
obligation is required to agree with his surety or sureties for the deposit of any or all
money and assets for which he and his surety or sureties are or may be held responsible with
a bank, or with other depository approved by the court or a judge thereof, if such deposit
is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal
of such money or assets or any part thereof, without the written consent of such surety or
sureties, or an order of court or a judge thereof made on such notice to such surety or sureties
as such court or judge may direct; provided, however, that such agreement shall not in any
manner release from or change the liability of the principal or sureties as established by
the terms of the bond. (Acts 1980, No. 80-658, ยง5-5-35.)...
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7-1-303
Section 7-1-303 Course of performance, course of dealing, and usage of trade. (a) A "course
of performance" is a sequence of conduct between the parties to a particular transaction
that exists if: (1) The agreement of the parties with respect to the transaction involves
repeated occasions for performance by a party; and (2) The other party, with knowledge of
the nature of the performance and opportunity for objection to it, accepts the performance
or acquiesces in it without objection. (b) A "course of dealing" is a sequence of
conduct concerning previous transactions between the parties to a particular transaction that
is fairly to be regarded as establishing a common basis of understanding for interpreting
their expressions and other conduct. (c) A "usage of trade" is any practice or method
of dealing having such regularity of observance in a place, vocation, or trade as to justify
an expectation that it will be observed with respect to the transaction in question. The existence
and...
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7-11-106
Section 7-11-106 Required refilings. (1) If a security interest is perfected or has priority
on February 1, 1982, as to all persons or as to certain persons without any filing or recording,
and if the filing of a financing statement would be required for the perfection or priority
of the security interest against those persons under the new U.C.C., the perfection and priority
rights of the security interest continue until three years after February 1, 1982. The perfection
will then lapse unless a financing statement is filed as provided in subsection (2) or unless
the security interest is perfected otherwise than by filing. (2) A financing statement may
be filed within six months before the perfection of a security interest would otherwise lapse.
Any such financing statement may be signed by either the debtor or the secured party. It must
identify the security agreement, statement or notice (however denominated in any statute or
other law repealed or modified by this act), state the...
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9-17-33
Section 9-17-33 Disposition of proceeds from sale of oil or gas production. (a) As used in
this section, the following terms shall have the following meanings: (1) CHECK STUB. The financial
record attached to a check, included with a check, or mailed separately at or near the time
the check is mailed. (2) DIVISION ORDER. A contract between the interest owner and the purchaser,
operator, or the owner of the right to drill and to produce, directing the distribution of
the value from the sale of the oil, gas, and other liquid hydrocarbons in the proportions
set out in the division order, which division order is prepared by the purchaser, operator,
and/or the owner of the right to drill and to produce on the basis of the ownership shown
in a title opinion prepared after examination of abstracts or based on other generally acceptable
legal ownership documentation and which is executed by the interest owners or others having
an interest in the production. (3) INTEREST OWNER. A person owning...
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24-1-132
Section 24-1-132 Powers of municipalities, counties, public bodies, etc., to aid housing authorities.
(a) For the purpose of aiding and cooperating in the planning, undertaking, construction,
or operation by housing authorities of housing projects located within the area in which it
is authorized to act, any city, county, municipal corporation, district, or other subdivision
or public body or agency of the state may, upon such terms, with or without consideration,
as it may determine: (1) Dedicate, release, sell, convey, or lease any of its interest in
any property or grant easements, licenses, or any other rights or privileges therein to a
housing authority or the United States of America or any agency thereof; (2) Cause parks,
playgrounds, recreational, community, educational, water, sewer, drainage facilities, or any
other works which it is otherwise empowered to undertake to be furnished adjacent to or in
connection with housing projects; (3) Furnish, dedicate, close, pave,...
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37-14-12
Section 37-14-12 Judicial determination of legality, etc., of article - Contents of complaint;
order and notice of hearing to show cause; intervention. (a) The complaint by appropriate
allegations, references and/or exhibits shall briefly state the following: the authority for
the purchase and sale of distribution facilities and other transactions and restrictions under
this article; the nature of any franchise heretofore issued by a municipality which will be
affected; a general description of restrictions imposed by this article; the proposed date
when the purchase and sale or other transaction is to be effective, and the impact which such
restrictions and sale shall have on the parties and the public. (b) The judge of said court
shall, upon the filing and presentation of said complaint, issue an order against the citizens
of the state, and other defendants requiring them to show cause, at a time and place to be
designated in said order, which time shall be not less than 35 days nor...
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37-4-150
Section 37-4-150 Electric transmission facilities. (a) This section shall be known and may
be cited as the Energy Security Act of 2015. (b) The Legislature hereby finds and declares
that due to the economic, financial, and service impacts associated with the development of
electric transmission facilities used for the furnishing of electric service to consumers
in this state, it is in the public interest to provide incumbent electric suppliers the right
to construct, own, operate, and maintain new transmission facilities that connect to their
own electric systems. The Legislature further finds and declares that providing incumbent
electric suppliers this right furthers their ability to satisfy their respective obligations
to provide service to Alabama consumers. This section implements these findings. (c) As used
in this section, the following words have the following meanings: (1) COMMISSION. The Alabama
Public Service Commission. (2) ELECTRIC TRANSMISSION FACILITY. Any transmission...
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40-29-22
Section 40-29-22 Lien for taxes - Validity and priority against certain persons. (a) Purchasers,
holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed
by Section 40-29-20 shall not be valid as against any purchaser, holder of a security interest,
mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements
of subsection (f) has been filed by the Commissioner of Revenue or his delegate, and shall
not be perfected as against any purchaser, holder of a security interest, mechanic's lienor,
or judgment lien creditor until the date such notice is filed. (b) Protection for certain
interest even though notice filed. Even though notice of a lien imposed by Section 40-29-20
has been filed, such lien shall not be valid: (1) SECURITIES. With respect to a security (as
defined in subsection (g)(4)): a. As against a purchaser of such security who at the time
of purchase did not have actual notice or knowledge of the...
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