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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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9-9-78
Section 9-9-78 Right of condemnation. If it shall be necessary to acquire a right-of-way or
an outlet over and through land affected by the improvements, then and in such event the power
of eminent domain is hereby conferred, and such land may be condemned. The right of condemnation
hereby conferred shall be invoked by application to the court of probate of the county in
which the lands over which said right-of-way or outlet is desired are situated, and the same
proceedings shall be had as in other cases of condemnation of lands for public uses as provided
in this code, and such damages as may be awarded shall be paid by the other landowners in
proportion to the assessments approved by the county commission against the benefits accruing
to their lands by virtue of the improvements established in said subdistrict. (Acts 1936,
Ex. Sess., No. 127, p. 83, §10; Code 1940, T. 2, §271.)...
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33-18-1
of the ACT Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACT Basin among the States of Alabama and
Georgia; and (13) To perform all functions required of it by this...
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33-19-1
of the ACF Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACF Basin among the States of Alabama,
Florida and Georgia; and (13) To perform all functions required of it by...
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23-1-380
Section 23-1-380 Exercise of power of eminent domain. For purposes of acquiring any property,
the department may exercise the right of eminent domain, in the name of the state, pursuant
to Chapter 1A, Title 18. The fact that the property needed has been acquired by the owner
under the power of eminent domain shall not prevent the property's acquisition by the department
by the exercise of the right of eminent domain herein conferred. For purposes of making surveys
and examinations relative to any condemnation proceedings, it shall be lawful to enter upon
any land, doing no unnecessary damage. Notwithstanding the provisions of any other statute
or the charter of any municipality, the department may take possession of any property to
be acquired at any time after the filing of the petition describing the same in condemnation
proceedings. It shall not be precluded from abandoning the condemnation of any property in
any case where possession thereof has not been taken. (Act 2000-220, p....
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11-50A-8
and of the parties thereto; (2) To adopt and alter a corporate seal; (3) To make and alter
at pleasure all needful bylaws, rules, and regulations for the transaction of its business
and the control of its property and affairs; (4) To have the same right of eminent domain
through condemnation conferred by Section 10-5-1, or any subsequent statute of similar import;
provided that nothing herein shall be construed to grant to the authority the power to acquire
by condemnation any real or personal property or right-of-way of any utility as the
term "utility" is defined in Section 37-4-1(7)a.; (5) To acquire in its own name
by purchase on such terms and conditions and in such manner as it may deem proper, or by exercise
of the power of eminent domain, or by gift, grant, lease, or otherwise, real property or rights
and easements therein and franchises and personal property necessary or convenient
for its corporate purposes; and to insure its property against any and all risks with...
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33-1-29
Section 33-1-29 Revocation or suspension of upland owners' licenses. Any license granted by
the State of Alabama, either expressly or by implication, permitting the upland owner to occupy
any part of the space between the channel of the Mobile River or the low water mark of the
Mobile Bay and the high water mark, may be revoked by order of the director whenever said
port authority shall determine to make use of such property for the purpose contemplated by
this chapter, or may be suspended by order pending an investigation and decision as to whether
or not such use shall be made; provided, however, that whenever such property has been or
shall have been already improved by the upland owner, his license to maintain such improvements
and to exercise such control thereover as may have been conferred upon him by a license from
the state shall not be revoked or suspended otherwise than in the exercise of the right of
eminent domain by condemnation proceedings as long as such owner shall...
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18-1A-295
Section 18-1A-295 Use of condemnation proceedings by institutions of higher learning. (a) Whenever
any institution of higher learning created by legislative act or by the state constitution
and whose governing boards' powers are derived by state statute or from the constitution needs
any land or interest therein near the campus of the institution for its educational purposes
and the owner thereof is a minor or an insane person, or refuses to sell the land to the state
for use of the institution, or will not agree with the board of trustees or the president
on a price therefor, the trustees are hereby authorized to institute in the probate court
of the county in which the land is located proceedings in the name of the state, to condemn
such land, which proceedings shall be conducted as nearly as possible in accordance with the
provisions of Chapters 1 and 1A of Title 18. It shall be the duty of the trustees to pay out
of the funds of the institution all costs of every condemnation...
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11-50-343
(4) To sue and be sued in its own name; (5) To acquire, purchase, lease as lessee, construct,
reconstruct, improve, extend, operate, and maintain any water system or part thereof or any
sewer system or part thereof or any combination thereof within or without or partly within
and partly without the corporate limits of the city, and to acquire by gift, purchase, or
the exercise of the right of eminent domain lands or rights in land or water rights in connection
therewith and to acquire such personal property as it may deem necessary in connection
with the construction, improvement, extension, enlargement, or operation of any water system
or sewer system and to hold and dispose of all real and personal property under its
control; provided, that any proceedings to acquire property by the exercise of the power of
eminent domain shall be conducted and the compensation to be paid shall be ascertained and
paid in the manner provided by the laws of the state then applicable which relate to...
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9-9-11
in the watershed and will be benefited by the proposed works of improvement if the proposed
plan includes purposes other than drainage, or is in the benefited area if the proposed plan
includes only the drainage purpose, the boundaries of the district may be so changed as to
include such lands, and such owners of additional lands shall be made parties to the proceedings;
and such notice to the owners of such additional lands shall be given by publication as provided
in this article, or by personal service, and the hearing shall be continued to a date
to be fixed by the court, upon which date the objections, if any, that are filed to the inclusion
of additional lands shall be adjudicated, and such additional lands as may be adjudged in
the benefited area shall thereupon be included within the proposed district. (b) If it further
appears that the purpose of this article would be subserved by the creation of the proposed
water management district, the court shall, after disposing of...
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