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6-10-120
Section 6-10-120 Right to waive. Any person, by an instrument in writing, may waive his or
her right to an exemption in any property exempt from levy and sale under execution or other
process. (Code 1876, §2846; Code 1886, §2567; Code 1896, §2104; Code 1907, §4231; Code
1923, §7960; Code 1940, T. 7, §706.)...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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24-1-40
Section 24-1-40 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-35. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-35 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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24-1-78
Section 24-1-78 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-74. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-74 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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6-10-20
Section 6-10-20 Declaration of claimed exemptions - Making and filing. Any resident of this
state entitled to, and desiring to, claim a homestead or other exemption from levy and sale
under execution or other process may, at any time, make and file in the office of the probate
judge of the county in which the property is situated, if a homestead, or, if personal property,
of the county in which such resident resides, a declaration in writing, subscribed and sworn
to by him or her, describing the property selected and claimed by him or her as exempt, item
by item, in case of personal property, with its value. Other declarations may, from time to
time, as occasion may require, be made and filed. (Code 1876, §2828; Code 1886, §2515; Code
1896, §2041; Code 1907, §4168; Code 1923, §7890; Code 1940, T. 7, §633.)...
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6-10-26
Section 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim.
The right of homestead or other exemption shall not be waived or lost by a failure, before
the levy of process, to file for record a declaration claiming the same; but the defendant,
in person or by his or her agent or attorney, may, at any time after the levy and prior to
a sale, file with the officer making the levy a claim in writing, verified by oath, to such
property, or any part thereof, as exempt and, if of a part, describing the same; and, within
three days thereafter, such officer must give to the plaintiff or his or her agent or attorney
written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or
her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except,
that no bond need be executed; and on the institution of such contest, the officer shall,
within three days thereafter, give the defendant written notice of the same. If...
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6-10-39
Section 6-10-39 Interposition of homestead claim or other exemptions and defense of contest
thereof by spouse or minor children. If a husband, wife or parent, entitled to a homestead
or other exemption, absconds or abandons his or her family, leaves the state, is insane, is
confined under a charge or conviction for felony or misdemeanor, or is under any other disability
or inability, the spouse or, if there is no spouse, the minor child or children, residents
of this state with the intention so to continue, shall be entitled to interpose any and all
claims of homestead or other exemption which the husband, wife, or parent could have interposed;
but the right to such exemptions shall continue only so long as the spouse and minor child
or children, or either, shall remain bona fide residents of this state. In the event of the
death of the husband, wife or parent pending any contest of a claim of homestead or other
exemption, such contest may be revived in the name of the surviving...
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41-4-353
Section 41-4-353 Applicability of provisions; exceptions. (a) All real property owned or leased
by state departments, boards, bureaus, commissions, agencies, offices, and other instruments
of the state is subject to the requirements of this article and in Sections 41-4-2, 41-4-3,
41-4-261, and 41-9-141 except: (1) All educational facilities including K-12, postsecondary,
and higher education facilities. (2) Facilities of the Legislative Branch of government. (3)
Facilities of the Judicial Branch of government. (4) Facilities of the Retirement Systems
of Alabama. (5) Facilities of the Alabama Port Authority. (6) Facilities of the State Military
Department. (7) Lands managed by the Lands Division of the Department of Conservation and
Natural Resources. (8) Right-of-way owned by the Department of Transportation. (9) Gulf State
Park. (10) Facilities and real property owned or leased by departments, boards, bureaus, commissions,
agencies, offices, and other instruments of the state that do...
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42-3-3
Section 42-3-3 Reservation of rights, etc., by state. The jurisdiction heretofore ceded to
the United States over any lands acquired by it within the State of Alabama, with the consent
of the state, shall be subject to such reservations, restrictions and conditions as provided
in the act or instrument of cession relating to such acquisition and shall be subject to the
exercise by the state of such jurisdiction, rights, privileges or powers as may now or hereafter
be ceded by the United States to the state. The jurisdiction ceded to the United States over
any lands hereafter acquired by it within the State of Alabama, with the consent of the state,
pursuant to the provisions of this title or any other law of the state, unless otherwise expressly
provided in the act or instrument of cession, shall be subject to the following reservations,
restrictions or conditions: (1) The jurisdiction so ceded shall not prevent the execution
upon such lands of any process, civil or criminal, issued...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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