|
15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal
offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent
proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank,
credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or
lienholder of property that is subject to forfeiture, including any of the following: a. A
person who has a valid claim, lien, or other interest in the property seized who did not know
or consent to the conduct that caused the property to be forfeited, seized, or abandoned under
subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission
of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal
offense. (4) INSTITUTED PROMPTLY. The filing by the district...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-62.htm - 3K - Match Info - Similar pages
22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30E-10.htm - 3K - Match Info - Similar pages
25-5-53
Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability
of employers, etc. The rights and remedies granted in this chapter to an employee shall exclude
all other rights and remedies of the employee, his or her personal representative, parent,
dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss
of services, or death. Except as provided in this chapter, no employer shall be held civilly
liable for personal injury to or death of the employer's employee, for purposes of this chapter,
whose injury or death is due to an accident or to an occupational disease while engaged in
the service or business of the employer, the cause of which accident or occupational disease
originates in the employment. In addition, immunity from civil liability for all causes of
action except those based upon willful conduct shall also extend to the workers' compensation
insurance carrier of the employer; to a person, firm,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-53.htm - 2K - Match Info - Similar pages
34-24-533
Section 34-24-533 Organization and operation of the interstate commission. (a) The interstate
commission, by a majority of commissioners present and voting, shall adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out the purposes of the compact within
12 months of the first interstate commission meeting. (b) The interstate commission shall
elect or appoint annually from among its commissioners a chairperson, a vice chairperson,
and a treasurer, each of whom shall have such authority and duties as may be specified in
the bylaws. The chairperson, or in the chairperson's absence or disability, the vice chairperson,
shall preside at all meetings of the interstate commission. (c) Officers selected in subsection
(b) shall serve without remuneration from the interstate commission. (d) The officers and
employees of the interstate commission shall be immune from suit and liability, either personally
or in their official capacity, for a claim for damage to or loss of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-533.htm - 3K - Match Info - Similar pages
6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-272.htm - 2K - Match Info - Similar pages
34-8-6
Section 34-8-6 Prohibited acts; penalties; cease and desist orders. (a) Any person, firm, or
corporation not being duly authorized who shall engage in the business of general contracting
in this state, except as provided for in this chapter, and any person, firm, or corporation
presenting or attempting to file as its own the license certificate of another, or who shall
give false or forged evidence of any kind to the board, or to any member thereof, in obtaining
a certificate of license, or who falsely shall impersonate another, or who shall use an expired
or revoked certificate of license shall be deemed guilty of a Class A misdemeanor and for
each offense for which he or she is convicted shall be punished as provided by law. Furthermore,
any person including an owner, architect, engineer, construction manager, or private awarding
authority who considers a bid from anyone not properly licensed under this chapter shall be
deemed guilty of a Class B misdemeanor and shall for each...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-8-6.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-151.htm - 2K - Match Info - Similar pages
22-8A-11
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient
followed; persons who may serve as surrogate; priority; validity of decisions; liability;
form; declaratory and injunctive relief; penalties. (a) If no advance directive for health
care has been made, or if no duly appointed health care proxy is reasonably available, or
if a valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to provide,
withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration
if all of the following conditions are met: (1) The attending physician determines, to a reasonable
degree of medical certainty, that: a. The individual is no longer able to understand, appreciate,
and direct his or her medical treatment, and b. The individual...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-8A-11.htm - 9K - Match Info - Similar pages
10A-1-2.11
Section 10A-1-2.11 General powers. Except as otherwise provided by this title, and whether
or not expressly stated in its governing documents, a domestic entity has the same powers
as an individual to take action necessary or convenient to carry out its business and affairs.
Except as otherwise provided by this title or the governing documents of the entity, the powers
of a domestic entity include the power to: (1) sue, be sued, complain and defend suit in its
entity name; (2) have and alter a seal and use the seal or a facsimile of it by impressing,
affixing, or reproducing it; (3) purchase, lease, or otherwise acquire, receive, own, hold,
improve, use, and deal in and with property or an interest in property; (4) sell, convey,
mortgage, pledge, lease, exchange, and otherwise dispose of property; (5) make contracts and
guaranties; (6) incur liabilities, borrow money, issue notes, bonds, and other obligations
which may be convertible into or include the option to purchase other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-2.11.htm - 3K - Match Info - Similar pages
13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article unless
the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or
confirms another's impression which is false and which the defendant does not believe to be
true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-1.htm - 8K - Match Info - Similar pages
|