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9-15-55
Section 9-15-55 Retention by state of title to certain filled lands; rights of access. (a)
The state shall retain title to any lands of the state lying seaward of the mean high tide
line that are filled in the course of a beach project undertaken by a coastal municipality
pursuant to Article 11 of Chapter 47 of Title 11 with the permit of the Commissioner of the
Department of Conservation and Natural Resources as provided in Section 9-15-56. (b) The title
to additional filled lands shall be retained by the state to the extent that the proportions
of any state-owned lands filled in the course of a permitted beach project undertaken by a
coastal municipality are subsequently increased seaward by accretion or any other natural
or artificial fill process. (c) Notwithstanding any rule of decision or principle of common
law recognized prior to May 23, 2000, the retention of title by the state pursuant to this
section shall be recognized regardless of the participation, consent, or objection...
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33-1-18
Section 33-1-18 Sales of submerged lands and made lands lying under or abutting tidal waters.
(a) The Director of the Alabama State Port Authority is vested with power and authority to
obtain and negotiate a sale of any submerged lands and made lands claimed or owned by the
state, which lands are under or were formerly under any of the tidal waters of the State of
Alabama, or which lands abut such tidal waters; provided, however, that if such lands abut
or adjoin in whole or in part any uplands then no such sale shall be made to any purchaser
other than the owner of such uplands, except a sale of so much of said land as may be used
and occupied by such purchaser without interfering with the riparian rights appurtenant to
such uplands, unless the owner of such uplands relinquishes such rights by appropriate instrument
made in connection with such sale; and except that such sales may be made to a public body
of the submerged or made land upon which docks or wharves have been constructed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-1-18.htm - 4K - Match Info - Similar pages
9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application by
a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources,
acting through the Lands Division of the department, shall issue a permit for the construction
and maintenance of a beach project by the coastal municipality under the authority of Article
11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have
been satisfied. (b) The application for a beach project shall contain, at a minimum, all of
the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
11-47-252
Section 11-47-252 Requirements for construction of beach project. A coastal municipality may
not begin construction of a beach project until each of the following requirements have been
satisfied: (1) The governing body of the coastal municipality, after a public hearing held
on not less than 30 days' public notice, has identified the following by adoption of a survey,
map, metes and bounds description, or plane coordinate references. a. The location of the
mean high tide line for the area in which the beach project is proposed to be located. b.
The location of the limits of the landward and seaward extensions of the proposed beach project
relative to both the mean high tide line and the construction control line, if any, then established
under the regulations of the Alabama Department of Environmental Management, the ordinances
of the coastal municipality, or both. (2) The Commissioner of the Department of Conservation
and Natural Resources, acting through the Lands Division of the...
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40-20-1
Section 40-20-1 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed by this section: (1) DEPARTMENT. The state Department of
Revenue. (2) ANNUAL. The calendar year or the taxpayer's fiscal year, when permission is obtained
from the department to use a fiscal year as a tax period in lieu of a calendar year. (3) VALUE.
The sale price or market value at the mouth of the well. If the oil or gas is exchanged for
something other than cash, if there is no sale at the time of severance or if the relation
between the buyer and the seller is such that the consideration paid, if any, is not indicative
of the true value or market price, then the department shall determine the value of the oil
or gas subject to the tax hereinafter provided for, considering the sale price for cash of
oil or gas of like quality. (4) OIL. Crude petroleum oil and other hydrocarbons regardless
of gravity which are produced at the well in liquid form by ordinary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-20-1.htm - 7K - Match Info - Similar pages
34-11-2
action for trespass by reason of this entry. (2) Nothing in this subsection shall be construed
as giving authority to a professional land surveyor to destroy, injure, damage, or move anything
on the lands of another without the written permission of the landowner and nothing in this
section shall be construed as removing civil liability for the damages. (3) A professional
land surveyor shall make reasonable effort to notify adjoining landowners upon whose land
it is necessary to enter. (4) No owner or occupant of the land shall be liable for any injury
or damage sustained by any person entering upon his or her land under this subsection. (5)
Nothing in this subsection shall limit the rights of condemning authorities under Sections
18-1A-50 to 18-1A-55, inclusive. (Acts 1961, Ex. Sess., No. 79, p. 1976, §1; Acts 1966, Ex.
Sess., No. 329, p. 462, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997,
No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2018-550, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-11-2.htm - 5K - Match Info - Similar pages
9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area as unsuitable
for all or certain types of surface coal mining operations if the regulatory authority determines
that reclamation pursuant to the requirements of this article is not technologically and economically
feasible. (3) Upon petition pursuant to...
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16-6F-9
Section 16-6F-9 Legal status and powers of public charter schools; employees. (a) Legal status
of a public charter school. (1) Notwithstanding any provision of law to the contrary, to the
extent that any provision of this chapter is inconsistent with any other state or local law,
rule, or regulation, the provisions of this chapter shall govern and be controlling. (2) A
public charter school shall be subject to all federal laws and authorities enumerated herein
or arranged by charter contract with the school's authorizer, where such contracting is consistent
with applicable laws, rules, and regulations. (3) Except as provided in this chapter, a public
charter school shall not be subject to the state's education statutes or any state or local
rule, regulation, policy, or procedure relating to non-charter public schools within an applicable
local school system regardless of whether such rule, regulation, policy, or procedure is established
by the local school board, the State Board of...
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9-16-72
commission and this article. (5) IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC. The
existence of any condition or practice, or any violation of a permit or other requirement
of this article in a surface coal mining and reclamation operation, which condition, practice,
or violation could reasonably be expected to cause substantial physical harm to persons outside
the permit area before such condition, practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement exists if a rational person,
subjected to the same conditions or practices giving rise to the peril, would not expose himself
or herself to the danger during the time necessary for abatement. (6) LICENSE. An authorization
issued pursuant to Section 9-16-81 which identifies persons eligible to conduct surface coal
mining and reclamation operations. (7) OPERATOR. Any person conducting surface coal mining
and reclamation operations and includes permittees and their...
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