Code of Alabama

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41-4-400
Section 41-4-400 Division created; powers and duties; director. (a) There shall be established
within the Department of Finance the Division of Construction Management. The division shall
have full power and authority for, and on behalf of, the State of Alabama to do any or all
of the following: (1) To acquire lands by purchase, condemnation, or otherwise. (2) To plan
for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing,
improvement, or relocation of buildings, structures, and facilities for state departments,
boards, bureaus, commissions, agencies, and offices. (3) To set policies, procedures, and
guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and
improvement of all property now owned or hereafter acquired by the state or any institution
or agency thereof. (4) To construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish,
improve, and locate buildings, structures, and facilities for the use...
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9-9-48
Section 9-9-48 Control and supervision of completed improvements; annual tax for repairs and
maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction of
improvements. Whenever any improvement constructed under this article is completed, it shall
be under the control and supervision of the board of water management commissioners. It shall
be the duty of said board to maintain the levees, ditches, drains, watercourses, floodwater
retarding structures and any other improvements in good repair, and for this purpose the board
of water management commissioners may annually levy a tax on the lands benefited by the construction
of such improvement in the same manner as other water management taxes are levied, not to
exceed 10 percent of the assessed benefits in any one year, and the fund that is collected
shall be used for repairing and maintaining the ditches, drains, watercourses, floodwater
retarding structures and other improvements in perfect order;...
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9-9-49
Section 9-9-49 Rights of landowners as to use of drains, watercourses, etc., as outlets for
lateral drains from lands. The owner of any land that has been assessed for the cost of the
construction of any ditch, drain, watercourse or other improvement as provided in this article
shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains
from said land; and, if said land is separated from the ditch, drain, watercourse or other
drainage improvement by the land of another or others and the owner thereof shall be unable
to agree with said other or others as to the terms and conditions on which he may enter their
lands and construct said drain or ditch, he may petition to condemn the same and the same
proceeding shall be had as in cases of condemnation under the right of eminent domain. When
the drain is constructed it shall become a part of the drainage system and shall be under
the control of the board of water management commissioners and be kept in repair...
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34-8-8
Section 34-8-8 Copy of chapter to be included in plans of owners, architects, and engineers;
inclusion of license number on bid. (a) All owners, architects, engineers, construction managers,
and private awarding authorities preparing plans and specifications for work to be contracted
in Alabama pursuant to this chapter shall include in their invitations to bidders, including
but not limited to all public and private advertisements, and their specifications a copy
of the portions of this chapter as are deemed necessary to convey to the invited bidder, whether
he or she is a resident or nonresident of this state and whether a license has been issued
to him or her or not, the information that it will be necessary for him or her to show evidence
of license before his or her bid is considered. Any person including an owner, architect,
engineer, construction manager, or private awarding authority who violates this section shall
be guilty of a Class B misdemeanor and shall for each offense of...
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6-5-711
Section 6-5-711 Exemption from civil liability for certain professional firms and employees
providing construction monitoring services. The provisions of Section 34-11-9(a)(3) notwithstanding,
neither a professional firm nor any of its employees that provide construction monitoring
services on behalf of an awarding authority relating to the construction, repair, resurfacing,
refurbishment, replacement, removal, modification, alteration, or other improvement of any
public or private infrastructure shall be civilly liable in tort or otherwise for property
damage, personal injury, or death resulting from construction monitoring services that substantially
comply with the professional firm's construction monitoring services requirements for the
awarding authority related to the plans and specifications in determining compliance of the
contractor's work with the plans and specifications. (Act 2013-401, p. 1538, ยง2.)...
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9-9-53
Section 9-9-53 Joint works of improvement with adjoining states. Whenever it may be desirable
to construct, widen, deepen, straighten or otherwise change any ditch, drain, watercourse,
floodwater retarding structure, levee or other works of improvement lying on or along, across
or near the boundary line between the State of Alabama and an adjoining state or whenever
it may be desirable to construct, repair or improve any works of improvement as provided for
in this article, which ditch, drain, watercourse, floodwater retarding structure or other
works of improvement cannot be constructed, repaired or improved in the best manner without
affecting lands in such adjoining state, the board of water management commissioners of the
district in which such work is located shall have authority to join with the proper officers
of such adjacent county or counties or districts of other states in the construction, widening,
deepening, straightening, repairing or improving of any such drain, ditch,...
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37-4-113
Section 37-4-113 Construction and maintenance of antennas and towers; right of eminent domain.
Any radio utility operating a radio system under authority of a certificate of public convenience
and necessity issued by the Alabama Public Service Commission shall, where necessary and upon
making due compensation, have the right to construct, maintain and operate antennas and towers,
for the purpose of broadcasting and receiving radio signals, upon any private lands or property,
and to that end, may have and exercise the right of eminent domain; provided, that the antenna
equipment be so erected, placed and maintained as not to obstruct or interfere with the ordinary
use of such land or property, or with the convenience of any land or property owners, more
than may be avoidable; provided further, that where it is necessary for such radio utilities
to exercise the right of eminent domain, they shall proceed to exercise the same in the same
manner as provided by law for the exercise of such...
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33-7-31
Section 33-7-31 Eminent domain; improvement of navigation. Any such person, firm or corporation
may exercise the power of eminent domain, for the purpose of acquiring such lands as it may
be necessary or convenient to flood or otherwise utilize in order to improve navigation as
provided in this article, such lands to include as well as all the area submerged a strip
of land 50 feet in width bordering upon the margins of the slack water pool or pools as the
same may be defined at the highest stage of the river at any time after the completion of
the improvements herein provided for; and the right hereby conferred to exercise such power
of eminent domain is cumulative. No person, firm or corporation shall acquire the rights granted
by this article, unless the dam or system of dams, and lock or system of locks, to be constructed
by such person, firm or corporation are so planned as, when constructed, will by the operation
thereof improve the navigation of the river in which the dam or...
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45-45-180.02
Section 45-45-180.02 Performance of road-related services on private property; compensation.
In no case may county personnel or equipment be permitted to perform road related services
on private property where a present public need exists for the county equipment and personnel.
Moreover, the personnel and equipment necessary to perform such work on private property shall
not be permitted to do so unless the Madison County Commission is to be properly compensated
for the road related services performed and for the road construction materials used or sold.
In determining proper compensation for road related services performed and for road construction
materials used or sold, all indirect costs including, but not limited to, overhead, management,
and depreciation shall be included. All moneys derived from payments to the Madison County
Commission for work or services performed and materials used or sold shall be expended for
those purposes, and no other, set forth in Amendment 354 to the...
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45-29-90.07
Section 45-29-90.07 Acquisition of property. The authority may acquire by purchase, construction,
lease, gift, condemnation, or otherwise, property of any kind, real, personal, or mixed, or
any interest therein, that the board deems necessary or convenient to the exercise of its
powers or functions; provided, that acquisition by condemnation shall be limited to lands,
rights in land, including leaseholds and easements, and water rights in the Tom Bevill Reservoir
Management Area that the board determines to be necessary to the control and optimum development
of the Tom Bevill Reservoir Management Area, including such lands adjacent to or in the immediate
vicinity of water control reservoirs as the board determines to be necessary to assure full
development and optimum use of such reservoirs for the purposes of, water conservation and
supply, flood control, irrigation, navigation, industrial development, public recreation,
and related purposes. The amount and character of the interest...
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