45-37A-251.22
Section 45-37A-251.22 Notice to owner; contents; posting of signs. After the passage of a resolution,
the appropriate city official shall send notice of the action to the last person or persons,
firm, association, or corporation last assessing the property for state taxes, by certified
or registered mail to the address on file in the office of the tax assessor to abate the nuisance
within a reasonable time set out in the notice, not to exceed 14 days, or suffer the nuisance
be abated by the city and the cost thereof assessed against the property. The mailing of the
certified or registered notice, properly addressed and postage prepaid, shall constitute notice
as required in this section. The city shall also place a sign conspicuously on the property
indicating that the city governing body has found the property to be a public nuisance or
containing a public nuisance. (Act 95-574, p. 1204, Art. II, §3.)...
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6-10-34
Section 6-10-34 Contest of exemption claim - Proceedings when inventory discloses personalty
not embraced by claim of exemption. When, on a contest of a claim of exemption to personal
property, an inventory filed by the defendant on the plaintiff's demand discloses other personal
property owned by the defendant and subject to sale under process not embraced in the claim
of exemption, the defendant, at the time of filing the inventory, shall deliver such property
to the officer making the levy, who shall, whether he has returned the process or not, in
case of an execution sell the property as in other cases and apply the proceeds to the satisfaction
of the execution or, in case of an attachment or other mesne process, shall hold the property
to await the final determination of the action. In either event, he shall make due return
of the facts to the court. (Code 1886, §2530; Code 1896, §2056; Code 1907, §4183; Code
1923, §7905; Code 1940, T. 7, §648.)...
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6-6-257
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action. When the
property sued for is in the possession of the plaintiff and the action is dismissed, the court
shall cause a jury to assess the alternate value of the property and also the value of the
hire or use thereof during the time it was in the possession of the plaintiff and shall enter
judgment for the defendant for the recovery of the property, or its alternate value, and damages
for the use or hire thereof. (Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code
1940, T. 7, §928.)...
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6-6-452
Section 6-6-452 Payment of defendant's money into court if garnishee admits possession thereof.
If the garnishee admits the possession of money belonging to the defendant, he must pay the
same or so much thereof as may be necessary to satisfy the plaintiff's demand and costs into
court to await the order of the court; and, if he fails to make such payment, he is liable
as if he had admitted an indebtedness for the amount of such money. (Code 1886, §2979; Code
1896, §2194; Code 1907, §4323; Code 1923, §8074; Code 1940, T. 7, §1018.)...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses,
including municipal ordinance violations, in which alcohol and drug abuse is determined from
the evidence to have been a factor in the commission of the offense including juveniles charged
with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The
use of alcohol to the extent that the health, safety or welfare of the user, or that of others,
is substantially impaired or endangered or the social or economic function of the user is
disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential
to the extent that the user has lost the ability of self control, or to the extent that the
health, safety, or welfare of the user, or that of others, is substantially impaired or endangered,
or the social or economic function of the user is...
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18-1A-231
Section 18-1A-231 Voluntary dismissal. The court may dismiss the action in whole or in part
upon motion of the plaintiff at any time prior to payment of the judgment. In its order of
dismissal, the court may impose any conditions that are just and equitable, including a requirement
of restitution of property or money. (Acts 1985, No. 85-548, p. 802, §1302.)...
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18-1A-232
Section 18-1A-232 Award of litigation expenses. (a) The court shall award the defendant his
litigation expenses, in addition to any other amounts authorized by law, if the action is
wholly or partly dismissed for any reason. (b) If the scope of the property to be taken is
reduced as the result of (1) a partial dismissal, (2) a dismissal of one or more plaintiffs,
or (3) a final judgment determining that the plaintiff cannot take part of the property originally
sought to be taken, the court shall award the defendant the portion of his litigation expenses
attributable to the property within the scope of the reduction. (c) Costs and litigation expenses
authorized by this section may be claimed, taxed, and awarded under the same procedures that
apply to costs in other civil actions. (Acts 1985, No. 85-548, p. 802, §1303.)...
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18-1A-289
Section 18-1A-289 Effect of order of condemnation; right of entry, etc., pending appeal upon
deposit of damages, compensation, and costs; effect of appeal upon condemnation order. The
order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the circuit court, or the bond thereof in the circuit court for the defendant, shall vest
in the applicant the property or property right proposed to be acquired for the uses and purposes
stated in the application and for no other uses or purposes. But if an appeal shall be taken
by any party, then the person, corporation or association seeking to acquire such property
or property right, upon the deposit in the circuit court for the party whose land or interest
therein is sought to be condemned of the amount of damages and compensation so assessed, together
with the costs of the proceeding, shall be entitled to enter upon the lands so condemned and
to survey, construct, and operate on the same for the uses and...
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18-1A-52
Section 18-1A-52 Bond for damages caused by entry. (a) An order permitting entry under Section
18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount
that will fairly compensate the owner and any other person in lawful possession or physical
occupancy of the property for damages for physical injury to the property, and for substantial
interference with its possession or use, found likely to be caused by the entry and activities
authorized by the order, and shall require the condemnor other than the state to enter into
bond in double the amount of such preliminary assessment, with good and sufficient sureties,
to pay such damages as the property owner or other person in lawful possession or physical
occupancy of the property may sustain. The bond must be given before entry is made. (b) Unless
sooner disbursed by agreement or court order, the amount of the bond sufficient to cover the
damages sustained shall be paid to those determined by the circuit...
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