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6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action in a court
of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such
damages as the jury may assess for injuries or damages to the property of the decedent resulting
from the same wrongful act, omission, or negligence which caused the death of the decedent,
provided the decedent could have commenced such action if the wrongful act, omission, or negligence
causing the property damage had not also caused his death. (b) Such action may be commenced
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence; and it shall not abate by the death of the defendant, but may
be revived against his personal representative. (c) The damages recovered are not subject
to the payment of the debts or liabilities of the decedent, but...
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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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37-1-65
Section 37-1-65 Actions to enforce penalties or forfeitures. Unless otherwise in this title
provided, all actions to enforce penalties or forfeitures under this title shall be brought
in the name of the State of Alabama in a court of competent jurisdiction in Montgomery County,
Alabama. Whenever any utility is subject to a penalty or forfeiture under this title, the
commission shall certify the facts to the Attorney General, who shall institute and prosecute
an action for recovery of such penalty; provided, the commission may compromise such action
and dismiss the same on such terms as the court will approve. All penalties and forfeitures
recovered by the state in such actions shall be paid into the treasury to the credit of the
general fund. (Acts 1920, No. 37, p. 38; Code 1923, §§9755, 9756, 9819; Code 1940, T. 48,
§51.)...
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6-5-734
Section 6-5-734 Pleading requirements; stay of discovery. (a) In any action exempted under
subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity
for each defendant and cause of action all of the following: (1) The statute, rule, or other
law of the state or of the United States that allegedly creates the cause of action. (2) Each
element of the cause of action and the specific facts alleged to satisfy each element of the
cause of action. (3)a. The exemption under subsection (a) being relied upon and the specific
facts that allegedly demonstrate that the violation of the statute, rule, or other law in
subdivision (1) proximately caused actual injury to the plaintiff. b. In any action exempted
under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements,
the complaint initiating the action shall state with particularity facts sufficient to support
a reasonable inference that the violation was with intent to...
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10A-3-7.10
Section 10A-3-7.10 Liquidation - Jurisdiction of court to liquidate assets and affairs of corporation.
(a) The circuit court of the county in which the nonprofit corporation's principal office
is located in this state, and if none in this state, the circuit court for the county in which
the nonprofit corporation's most recent registered office is located shall have full power
to liquidate the assets and affairs of a nonprofit corporation: (1) In an action by a member
or director when it is established: a. That the directors are deadlocked in the management
of the corporate affairs and that irreparable injury to the nonprofit corporation is being
suffered or is threatened by reason thereof, and either that the members are unable to break
the deadlock or there are no members having voting rights; b. That the acts of the directors
or those in control of the nonprofit corporation are illegal, oppressive, or fraudulent; c.
That the members entitled to vote in the election of directors are...
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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
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35-2-58
Section 35-2-58 Vacation and annulment of map or plat, etc., by circuit court - Jurisdiction;
parties. The circuit courts of this state shall have jurisdiction and power to vacate and
annul any map, plat, or survey of lands, or any streets, alleys, avenues, or roads, whether
designated by any such maps, plats, or surveys or not, upon the filing of a civil action by
any person or persons owning any of the lots, parcels, or tracts of land abutting such roads,
streets, or alleys sought to be vacated or annulled. Unless the owners of all the lots or
parcels of land so abutting upon the roads, streets, or alleys sought to be vacated join as
plaintiffs, the owners and claimants of such other lots or parcels of land abutting upon the
roads, streets, or alleys sought to be vacated shall be made parties defendant; and the municipality,
town, or city, if the land is located within any municipality, town, or city, shall also be
made a party defendant; and, if not located in such municipality,...
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35-9A-123
Section 35-9A-123 Jurisdiction and service of process. (a) The district and circuit courts
of this state, according to their respective established jurisdictions, may exercise jurisdiction
over any landlord with respect to any conduct in this state governed by this chapter or with
respect to any claim arising from a transaction subject to this chapter. In addition to any
other method provided by rule or by statute, personal jurisdiction over a landlord may be
acquired in a civil action or proceeding instituted in the court by the service of process
in the manner provided by this section. (b) If a landlord is not a resident of this state
or is a business entity not authorized to do business in this state and engages in any conduct
in this state governed by this chapter, or engages in a transaction subject to this chapter,
the entity may be served as provided by Rule 4 of the Alabama Rules of Civil Procedure. (Act
2006-316, p. 668, §1.)...
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