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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-52.htm - 2K - Match Info - Similar pages
28-4-286
Section 28-4-286 Institution of proceedings for condemnation of vehicles, etc.; seized property
not to be retaken by replevin or detinue during pendency of action; intervention by parties
claiming superior right to seized property; powers of court to regulate proceedings to permit
parties claiming vehicles, etc., to assert rights. It shall be the duty of such officer in
the county or the Attorney General of the state to institute at once or cause to be instituted
condemnation proceedings in the circuit court 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 said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture.
No replevin or detinue writ may be employed to retake possession of such seized property pending
the forfeiture action, but any party claiming a superior right may intervene by motion in
said action and have his claim adjudicated. The judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-286.htm - 1K - Match Info - Similar pages
8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-11.htm - 3K - Match Info - Similar pages
28-1-6
Section 28-1-6 Issuance of licenses for sale of intoxicating beverages in Class 1 or Class
2 municipalities. (a)(1) All other provisions of law, rules, or regulations to the contrary
notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority
to issue any form of license in a Class 1 municipality, including, but not limited to, off-premises
consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form
of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor,
or other alcoholic beverage regulated by the board, unless one of the following requirements
is satisfied: a. The application has first been approved by the governing body of the Class
1 municipality in which the site of the license is situated. b. The denial of approval by
the Class 1 governing body has been set aside by order of the circuit court of the county
in which the site is situated on the ground that the municipal approval...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-1-6.htm - 5K - Match Info - Similar pages
36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25A-9.htm - 7K - Match Info - Similar pages
45-8-21.01
Section 45-8-21.01 Issuance of license; review. (a) All other provisions of law, rules, or
regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board
shall absolutely have no authority to issue any form of on-premise license in any municipality
in Calhoun County, Alabama, for the retail sale of any form of intoxicating beverages, including,
but not limited to, beer and other forms of malt beverages, wine, liquor, or other alcoholic
beverages regulated by the board, unless the application therefor has first been approved
by the governing body of the county or the municipality within whose corporate limits the
site of the license is to be situated. The county or the municipality shall adopt and promulgate
rules and regulations for the administration and processing of applications for such licenses.
(b) The Alabama Alcoholic Beverage Control Board may issue such license only if the denial
of approval by the governing body of the county or the municipality...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8-21.01.htm - 2K - Match Info - Similar pages
8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts
or practices declared unlawful under this chapter and thereby causes monetary damage to a
consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-10.htm - 5K - Match Info - Similar pages
2-28-11
Section 2-28-11 Penalties for violations of provisions of chapter or rules or regulations promulgated
hereunder; injunctive proceedings to restrain performance, etc., of professional work or services
without permit. (a) Penalties. Any person who engages in professional work or services as
defined in this chapter or any person who solicits such work through advertising or in any
other manner without having a permit as required by said chapter or any person who violates
any of the provisions or requirements of this chapter or any rules and regulations adopted
and promulgated as authorized under said chapter by failure to comply with any of the requirements
or rules and regulations of said chapter shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $25.00 nor more than $500.00 and, within the discretion of the
court, may also be imprisoned for a period not to exceed six months. Fines paid for such violations
shall be deposited in the State Treasury to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-28-11.htm - 2K - Match Info - Similar pages
26-1A-212
Section 26-1A-212 Claims and litigation. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to claims and litigation authorizes
the agent to: (1) assert and maintain before a court or administrative agency a claim, claim
for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal, eliminate
or modify tax liability, or seek an injunction, specific performance, or other relief; (2)
bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order,
or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a
controversy on an agreed statement of facts, consent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-1A-212.htm - 2K - Match Info - Similar pages
11-3A-4
Section 11-3A-4 Alcoholic beverage licenses in Class 3 municipalities with elected county commission
chair. (a) This section shall apply to any county with a Class 3 municipality that has an
elected county commission chair. (b) All other provisions of law, rules, or regulations to
the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board may not issue in
the unincorporated area of any applicable county any form of license, including, but not limited
to, off-premise consumption licenses, restaurant licenses, or club licenses, for the retail
sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer,
wine, liquor, or other alcoholic beverage regulated by the board, unless one of the following
requirements are satisfied: (1) The application has first been approved by the county commission.
(2) The denial of approval by the county commission has been set aside by order of the circuit
court of the county on the grounds that approval by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-3A-4.htm - 2K - Match Info - Similar pages
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