Code of Alabama

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11-88-7
Section 11-88-7 Powers of authority generally; power of authority to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally;
powers of authority organized to construct and operate sewer system. (a) The authority shall
have the following powers, together with all powers incidental thereto or necessary to the
discharge thereof in corporate form: (1) To have succession by its corporate name for the
duration of time (which may be in perpetuity, subject to the provisions of Section 11-88-18)
specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil
actions, except as otherwise provided in this article, and to defend civil actions against
it; (3) To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To
adopt and alter bylaws for the regulation and conduct of its affairs and business; (5) To
acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and...
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7-9A-324
Section 7-9A-324 Priority of purchase-money security interests. (a) General rule: Purchase-money
priority. Except as otherwise provided in subsection (g), a perfected purchase-money security
interest in goods other than inventory or livestock has priority over a conflicting security
interest in the same goods, and, except as otherwise provided in Section 7-9A-327, a perfected
security interest in its identifiable proceeds also has priority, if the purchase-money security
interest is perfected when the debtor receives possession of the collateral or within 20 days
thereafter. (b) Inventory purchase-money priority. Subject to subsection (c) and except as
otherwise provided in subsection (g), a perfected purchase-money security interest in inventory
has priority over a conflicting security interest in the same inventory, has priority over
a conflicting security interest in chattel paper or an instrument constituting proceeds of
the inventory and in proceeds of the chattel paper, if so...
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7-9A-337
Section 7-9A-337 Priority of security interests in goods covered by certificate of title. If,
while a security interest in goods is perfected by any method under the law of another jurisdiction,
this State issues a certificate of title that does not show that the goods are subject to
the security interest or contain a statement that they may be subject to security interests
not shown on the certificate: (1) a buyer of the goods, other than a person in the business
of selling goods of that kind, takes free of the security interest if the buyer gives value
and receives delivery of the goods after issuance of the certificate and without knowledge
of the security interest; and (2) the security interest is subordinate to a conflicting security
interest in the goods that attaches, and is perfected under Section 7-9A-311(b), after issuance
of the certificate and without the conflicting secured party's knowledge of the security interest.
(Act 2001-481, p. 647, ยง1.)...
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7-9A-323
Section 7-9A-323 Future advances. (a) When priority based on time of advance. Except as otherwise
provided in subsection (c), for purposes of determining the priority of a perfected security
interest under Section 7-9A-322(a)(1), perfection of the security interest dates from the
time an advance is made to the extent that the security interest secures an advance that:
(1) is made while the security interest is perfected only: (A) under Section 7-9A-309 when
it attaches; or (B) temporarily under Section 7-9A-312(e), (f), or (g); and (2) is not made
pursuant to a commitment entered into before or while the security interest is perfected by
a method other than under Section 7-9A-309 or 7-9A-312(e), (f), or (g). (b) Lien creditor.
Except as otherwise provided in subsection (c), a security interest is subordinate to the
rights of a person that becomes a lien creditor to the extent that the security interest secures
an advance made more than 45 days after the person becomes a lien creditor...
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7-9A-328
Section 7-9A-328 Priority of security interests in investment property. The following rules
govern priority among conflicting security interests in the same investment property: (1)
A security interest held by a secured party having control of investment property under Section
7-9A-106 has priority over a security interest held by a secured party that does not have
control of the investment property. (2) Except as otherwise provided in paragraphs (3) and
(4), conflicting security interests held by secured parties each of which has control under
Section 7-9A-106 rank according to priority in time of: (A) if the collateral is a security,
obtaining control; (B) if the collateral is a security entitlement carried in a securities
account and: (i) if the secured party obtained control under Section 7-8-106(d)(1), the secured
party's becoming the person for which the securities account is maintained; (ii) if the secured
party obtained control under Section 7-8-106(d)(2), the securities...
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7-9A-317
Section 7-9A-317 Interests that take priority over or take free of security interest or agricultural
lien. (a) Conflicting security interests and rights of lien creditors. A security interest
or agricultural lien is subordinate to the rights of: (1) a person entitled to priority under
Section 7-9A-322; and (2) except as otherwise provided in subsection (e), a person that becomes
a lien creditor before the earlier of the time: (A) the security interest or agricultural
lien is perfected; or (B) one of the conditions specified in Section 7-9A-203(b)(3) is met
and a financing statement covering the collateral is filed. (b) Buyers that receive delivery.
Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible
chattel paper, tangible documents, goods, instruments, or a certificated security takes free
of a security interest or agricultural lien if the buyer gives value and receives delivery
of the collateral without knowledge of the security interest...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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7-9A-330
Section 7-9A-330 Priority of purchaser of chattel paper or instrument. (a) Purchaser's priority:
Security interest claimed merely as proceeds. A purchaser of chattel paper has priority over
a security interest in the chattel paper which is claimed merely as proceeds of inventory
subject to a security interest if: (1) in good faith and in the ordinary course of the purchaser's
business, the purchaser gives new value and takes possession of the chattel paper or obtains
control of the chattel paper under Section 7-9A-105; and (2) the chattel paper does not indicate
that it has been assigned to an identified assignee other than the purchaser. (b) Purchaser's
priority: Other security interests. A purchaser of chattel paper has priority over a security
interest in the chattel paper which is claimed other than merely as proceeds of inventory
subject to a security interest if the purchaser gives new value and takes possession of the
chattel paper or obtains control of the chattel paper under...
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7-9A-303
Section 7-9A-303 Law governing perfection and priority of security interests in goods covered
by a certificate of title. (a) Applicability of section. This section applies to goods covered
by a certificate of title, even if there is no other relationship between the jurisdiction
under whose certificate of title the goods are covered and the goods or the debtor. (b) When
goods covered by certificate of title. Goods become covered by a certificate of title when
a valid application for the certificate of title and the applicable fee are delivered to the
appropriate authority. Goods cease to be covered by a certificate of title at the earlier
of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction
or the time the goods become covered subsequently by a certificate of title issued by another
jurisdiction. (c) Applicable law. The local law of the jurisdiction under whose certificate
of title the goods are covered governs perfection, the effect of...
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7-9A-336
Section 7-9A-336 Commingled goods. (a) "Commingled goods." In this section, "commingled
goods" means goods that are physically united with other goods in such a manner that
their identity is lost in a product or mass. (b) No security interest in commingled goods
as such. A security interest does not exist in commingled goods as such. However, a security
interest may attach to a product or mass that results when goods become commingled goods.
(c) Attachment of security interest to product or mass. If collateral becomes commingled goods,
a security interest attaches to the product or mass. (d) Perfection of security interest.
If a security interest in collateral is perfected before the collateral becomes commingled
goods, the security interest that attaches to the product or mass under subsection (c) is
perfected. (e) Priority of security interest. Except as otherwise provided in subsection (f),
the other provisions of this part determine the priority of a security interest that attaches...

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