45-49A-64.21
Section 45-49A-64.21 Limitation on eminent domain. Nothing herein shall be construed to authorize
the acquisition by eminent domain of any real property or rights owned or held by railroads
or utilities, both public and private. (Acts 1975, 2nd Sp. Sess., No. 31, p. 141, §21-A.)...

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11-47-218
Section 11-47-218 Powers of authorities generally; location of projects; exercise of power
of eminent domain. (a) In addition to all other powers at any time conferred on it by law,
and subject to any express provisions of its certificate of incorporation to the contrary,
an authority shall have the following lawful powers, together with all powers incidental thereto
or necessary to discharge thereof in the corporate form: (1) To have succession by its corporate
name in perpetuity or for the duration specified in its certificate of incorporation. (2)
To sue and be sued in its own name in civil actions and to defend actions against it. (3)
To adopt and make use of a corporate seal and to alter the same at pleasure. (4) To adopt,
alter, and repeal bylaws, regulations, and rules, not inconsistent with this article or its
certificate of incorporation, for the regulation and conduct of the affairs and business of
the authority. (5) To acquire, receive, take, and hold, whether by purchase,...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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41-10-54
Section 41-10-54 Powers of authority generally; acquisition by eminent domain of real property
or rights owned by railroads or utilities not authorized. (a) The authority shall have the
following powers: (1) To have succession by its corporate name until it is dissolved; (2)
To adopt bylaws for the regulation of its affairs and the conduct of its business; (3) To
adopt and use an official seal and alter the same at pleasure; (4) To maintain a principal
office in Jefferson County, Alabama, and suboffices at such places within the state as it
may designate; (5) To sue and be sued and to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and of the parties; (6) To acquire by purchase,
gift, condemnation or any other lawful means any real, personal or mixed property necessary
or convenient in connection with the purpose for which the authority is formed and to hold
title to such property, together with all rights incidental to its estate in such...
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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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33-15-5
Section 33-15-5 Initial meeting of board; expenses of directors; quorum; acquisition by eminent
domain of certain property or rights not authorized. (a) As soon as may be practicable after
completion of the incorporation as provided in Sections 33-15-3 and 33-15-4, the board of
directors shall hold its first meeting at Red Bay, Alabama, elect a chairman, vice-chairman
and secretary-treasurer, set a regular time and place for meetings of the board and attend
to such other matters as may be appropriate. The chairman and vice-chairman shall be elected
from the membership of the board; the secretary-treasurer may, but need not, be elected from
the membership of the board. (b) Directors shall serve without compensation, except reimbursement
for actual traveling expenses and other necessary expenses incurred in the performance of
their official duties, such expenses to be reimbursed from such funds as may be available
to the authority. (c) The quorum necessary for the board of directors to...
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45-29-90.07
Section 45-29-90.07 Acquisition of property. The authority may acquire by purchase, construction,
lease, gift, condemnation, or otherwise, property of any kind, real, personal, or mixed, or
any interest therein, that the board deems necessary or convenient to the exercise of its
powers or functions; provided, that acquisition by condemnation shall be limited to lands,
rights in land, including leaseholds and easements, and water rights in the Tom Bevill Reservoir
Management Area that the board determines to be necessary to the control and optimum development
of the Tom Bevill Reservoir Management Area, including such lands adjacent to or in the immediate
vicinity of water control reservoirs as the board determines to be necessary to assure full
development and optimum use of such reservoirs for the purposes of, water conservation and
supply, flood control, irrigation, navigation, industrial development, public recreation,
and related purposes. The amount and character of the interest...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the agency
shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in its corporate
name. b. May sue and be sued in its corporate name. c. May adopt, use and alter a corporate
seal, which shall be judicially noticed. d. May enter into such contracts and cooperative
agreements with the federal, state and local governments, with agencies of such governments,
with private individuals, corporations, associations, trusts and other organizations as the
board may deem necessary or convenient to enable it to carry out the purposes of this chapter,
including the planned, orderly residential development of the area. e. May adopt, amend and
repeal bylaws. f. May appoint such managers, officers, employees, attorneys and agents as
the board deems necessary for the transaction of its business, fix their compensation, define
their duties, require bonds of such of them as the board may...
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9-10-5
Section 9-10-5 Powers and duties generally. The corporation organized and established under
this article shall have the following powers, subject only to the limitations described hereinafter:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business; (2)
To adopt, use and alter a corporate seal which shall be judicially noticed; (3) To maintain
a principal office at a place named in its papers of incorporation and a suboffice or suboffices
at such places as it may deem necessary; (4) To enter into such contracts and cooperative
agreements with federal, state and local governments, with agencies of such governments, with
private individuals, corporations and associations and other organizations to do any act necessary
or incidental to the performance of its duties and execution of its powers under this article;
(5) To sue and be sued in its own name; (6) To enter into agreements with the United States
government or its agencies or political subdivisions...
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4-3-11
Section 4-3-11 Powers of authority generally. 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) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil suits and actions, excepting actions in tort against the authority; (3)
To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt
and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire,
receive, take and hold, whether by purchase, gift, lease, devise or otherwise, property of
every description, whether real, personal or mixed, whether in one or more counties and whether
within or without the corporate limits of any authorizing subdivision, and to manage said
property, and to develop any undeveloped property owned, leased or controlled by...
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