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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...
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40-21-1
Section 40-21-1 Department of Revenue to assess all property; applicability of chapter. It
shall be the duty of the Department of Revenue to assess for taxation all property of all
railroad companies, street and suburban railroad companies or persons or companies operating
railroad or street railroads, or suburban railroads or sleeping cars in this state; all express
companies, including railroad companies doing an express business and all telephone and long
distance telephone and all telegraph companies, person or persons doing an express, telephone
or telegraph business; all persons, firms, or corporations doing a gas business, transporting
gas or furnishing gas, natural, manufactured or by-product, in or through pipes or in drums,
tubes, cylinders, or by any other method; all water, electric light or power, hydroelectric
power companies, steam heat, refrigerated air, dockage or cranage, toll roads, toll ferries,
railroad equipment, pipelines for transporting or furnishing natural,...
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13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
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28-3-242
Section 28-3-242 Procedure for confiscation and sale of goods, etc.; nature of proceedings
against goods, etc.; court proceedings for collection of tax due and assessed. (a) In all
cases of seizure of any goods, wares, merchandise or other property made as being subject
to forfeiture under provisions of this chapter which, in the opinion of the officer or person
making the seizure, are of the appraised value of $50.00 or more, the said officer or person
shall proceed as follows. He shall cause a list containing a particular description of the
goods, wares, merchandise or other property seized to be prepared in duplicate and appraisement
thereof, to be made by three sworn appraisers to be selected by him, who shall be respectable
and disinterested citizens of the State of Alabama, residing within the county wherein the
seizure was made. Said list and appraisement shall be properly attested by said officer or
persons, and said appraisers, for which service each of said appraisers shall...
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2-2-14.2
Section 2-2-14.2 Forfeiture of conveyances and vehicles used to perpetrate livestock theft.
(a) All conveyances and vehicles of transportation including trailers and semitrailers, equine
or equidae, or any other equipment, together with all harness or other accessories, which
have been used, or are used in the commission of theft of livestock, as defined in Section
13A-8-4(f), shall be contraband, and in the discretion of the circuit court, may be forfeited
to the state Department of Agriculture and Industries, as hereinafter provided. (b) Livestock
theft investigators, appointed under Section 2-2-14, or any other officer authorized to enforce
those laws pertaining to the theft of livestock, who finds any vehicle, conveyance or equipment,
listed above, which is being, or has been, used in the perpetration of the crime of theft
of livestock, shall seize said vehicle, conveyance or equipment listed above, and report said
seizure to the district attorney in the county where the seizure...
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28-4-282
Section 28-4-282 Appliances used, etc., for distillation or manufacture of prohibited liquors
and beverages declared contraband; said appliances and products thereof to be summarily destroyed
by sheriffs, etc., finding same; property, etc., where distillery, etc., found forfeited to
state. All appliances which have been used or are used or ready to be used for the purpose
of distilling or manufacturing any prohibited liquors or beverages are contraband, and no
person, firm or corporation or association of persons shall have any property rights in or
to the same, and when said appliances or apparatus so used or ready to be used or that have
been used for the manufacture of any prohibited liquors and beverages shall be found by any
sheriff or other law officer, the same shall be by said officer at once summarily destroyed
and rendered useless for service. The officer shall also summarily destroy any liquor or liquids,
the product of a distillery or plant for the making of a prohibited...
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9-13-225
Section 9-13-225 Forfeiture of equipment upon judgment; costs of proceedings; State Forester
to keep records. When any judgment of condemnation or forfeiture is made in any case filed
under the provisions of this section, the judge making such judgment shall order and direct
that said vehicle and equipment be forfeited or awarded to the State Forester to be sold or
used by him in the enforcement of the law. And said order, in the event that no appeal is
taken within 15 days from the rendition thereof, shall be carried out and executed. The court,
at its discretion, shall direct in said judgment that the cost of the proceedings be paid
by the person(s) in whose possession said vehicle and equipment were found when seized, or
by any party or parties that claim to own said vehicle and equipment, or any interest therein,
and who contested the condemnation and forfeiture thereof. The State Forester shall keep a
permanent record of all such vehicles and equipment awarded to him as provided...
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40-13-53
Section 40-13-53 Applicability. (a) The term severed material, as defined in subdivision (9)
of Section 40-13-51 shall not include lime or limestone used for agricultural purposes or
for pollution control or abatement purposes, nor rock dust used for settling coal dust in
underground mines or similar uses, nor any natural minerals used for the purpose of producing
portland cement, nor processed sand used in the foundry cores, mold, and linings, nor clay
that produces lightweight aggregate, severed materials that are further processed into a finished
aggregate or limestone product without being transported on a public road, marble and marble
by-products, iron ore, quartzite, coal, oil, and natural gas and the severance of marble and
marble by-products, iron ore, quartzite, coal, oil, and natural gas shall not be subject to
the provisions of this article. (b) The tax levied by this article shall apply to all severed
material severed from the ground within this state and sold as tangible...
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40-17-353
Section 40-17-353 Seizure of storage receptacles pending payment of taxes, interest, and penalties;
sale of motor fuel; forfeiture of contraband. (a) Upon the discovery of any motor fuel illegally
imported into or illegally transported, delivered, stored, or sold in this state, the commissioner
shall order the tank or other storage receptacle in which the motor fuel is located to be
seized and locked or sealed until the tax, interest, and penalties levied under this article
are assessed and paid. (b) If the assessment for the above tax is not paid within 30 days,
the commissioner, in addition to the other remedies in this article, may sell the motor fuel
and use the proceeds of the sale to satisfy the assessment due, with any excess funds after
payment of the assessment and costs of the sale being returned to the owner of the motor fuel.
(c) All motor fuel and any property, tangible or intangible, which is found upon the person
or in any vehicle which the person is using, including the...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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