Code of Alabama

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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be
closed or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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6-5-155.5
Section 6-5-155.5 Motion for preliminary injunction; consolidation of trial with hearing on
motion; other equitable relief. (a) Upon a filing of a motion for a preliminary injunction
to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion
within 10 business days of the filing. If it appears by affidavit or otherwise, that there
is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance
by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant
other relief as the court may deem to be appropriate, including those remedies provided by
Section 6-5-156.3. (b) When appropriate, the court shall order the trial of the action on
the merits to be advanced and consolidated with the hearing on the motion for a preliminary
injunction. (c) This section shall not be construed to prohibit the application for or the
granting of a temporary restraining order or other equitable relief provided by...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
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13A-12-51
Section 13A-12-51 District attorney to file complaint on certain information. When it shall
be made known to any district attorney who prosecutes criminal cases in the county by the
chief of police, sheriff or other officer or by any reputable citizen that any hotel, tavern,
inn or other building has been provided with bells, wires, signals or dumbwaiters or any of
them, or other implements or appliances for communicating with the occupants of a gaming place
or rooms used for gambling, or that barred or locked doors have been provided which prevent
the access of any officer to said rooms where said gaming is carried on, the district attorney
shall file a complaint in a court against the owner of such building or room, as well as against
the keeper or proprietor of such hotel, tavern, inn or other building to obtain a mandatory
injunction to compel the removal of all the things, implements or devices hereinabove mentioned
and to perpetually enjoin them from permitting said hotel,...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and
contents used in conducting the nuisance not already released under authority of the court
as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the
sale of such thereof as belonged to the defendants notified or appearing in the manner provided
for the sale of chattels under execution. (b) Such order shall also require the renewal for
one year of any bond furnished by the owner of the real property as provided in Section 6-5-148
or, if not so furnished, shall continue for one year any closing order issued at the time
of granting the preliminary injunction or, if no such closing order was then...
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6-5-147
a preliminary injunction it shall appear that the person owning, in control, or in charge of
the nuisance so enjoined has received five days' notice of the hearing, then, unless such
person shall show to the satisfaction of the court or judge that the nuisance complained of
has been abated, the court or judge shall issue an order closing the place against its use
for any purpose until final decision shall be entered on the application for a permanent injunction.
(b) Such order shall also continue in effect for such further period the temporary restraining
order provided in Section 6-5-145 if already issued or, if not issued, shall include such
an order restraining for such period the removal or interference with the personal
property and contents located thereat or therein as provided, and such restraining order shall
be served and the inventory of such property shall be made and filed as provided in such section.
(Acts 1919, No. 53, p. 52; Code 1923, §9290; Code 1940, T. 7, §1101.)...
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6-5-155.2
Section 6-5-155.2 Who may file action to abate, enjoin, and prevent drug-related nuisance;
commencement of action. Wherever there is reason to believe that a drug-related nuisance exists,
the Attorney General, district attorney, the attorney for the county or municipality, a person
residing in the county in which the property is located including a tenant of the property,
or any community-based organization, may file an action in the circuit courts of this state
to abate, enjoin, and prevent the drug-related nuisance. The actions shall be commenced by
the filing of a complaint in circuit court of the county in which the nuisance is situated
alleging the facts constituting the drug-related nuisance. (Acts 1996, No. 96-566, p. 849,
§3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-155.2.htm - 1K - Match Info - Similar pages

9-16-128
grievance within 15 days following the written application for a hearing and shall make a determination
as to the need for such an acquisition and shall act accordingly. (c) Any landowner subject
to condemnation proceedings for sale pursuant to Section 9-16-127 of this article shall retain
all rights and remedies of law provided by Title 18 and other applicable federal and state
laws governing condemnation proceedings and sale at public auction. Any such landowner, his
heir, assign or personal representative shall have a prior right of purchase at fair
market value or the lowest bid, whichever amount is greater, over any other purchaser at such
public sale provided the lands are put to proper use consistent with a local state or federal
land use plan, if any, for the area in which the land is located. (d) Any landowner subject
to condemnation proceedings or sale pursuant to Section 9-16-127 of this article may institute
proceedings to have the action reviewed in the circuit court...
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9-17-22
Section 9-17-22 Illegal oil, gas or product - Seizure, condemnation and sale. Apart from and
in addition to any other remedy or procedure which may be available to the board or any penalty
which may be sought against or imposed upon any person with respect to violations relating
to illegal oil, illegal gas or illegal product, all illegal oil, illegal gas and illegal products
shall, except under such circumstances as are stated in this section, be contraband, forfeited
to the State of Alabama and shall be seized and sold and the proceeds applied as provided
in this section. When any such seizure shall have been made, it shall be the duty of the Attorney
General of the state to institute at once condemnation proceedings in the circuit court of
the county in which such property is seized by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of such illegal property, if known, to obtain a judgment...
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