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18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference with possession
or use of, property caused by his entry and activities upon the property. This liability may
be enforced in a subsequent condemnation proceeding filed within the period specified as a
retention period in Section 18-1A-52 or, if no such proceeding is filed within such period
of time, by civil action with the right of trial by jury on demand of either party. (b) If
funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person entitled
to damages under subsection (a) may apply to the circuit court for payment of his damages
from such funds. If the amount on deposit is insufficient to pay the full amount, the circuit
court shall enter judgment against the condemnor for the unpaid portion. (Acts 1985, No. 85-548,
p. 802, ยง305.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-54.htm - 1K - Match Info - Similar pages
18-1A-52
Section 18-1A-52 Bond for damages caused by entry. (a) An order permitting entry under Section
18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount
that will fairly compensate the owner and any other person in lawful possession or physical
occupancy of the property for damages for physical injury to the property, and for substantial
interference with its possession or use, found likely to be caused by the entry and activities
authorized by the order, and shall require the condemnor other than the state to enter into
bond in double the amount of such preliminary assessment, with good and sufficient sureties,
to pay such damages as the property owner or other person in lawful possession or physical
occupancy of the property may sustain. The bond must be given before entry is made. (b) Unless
sooner disbursed by agreement or court order, the amount of the bond sufficient to cover the
damages sustained shall be paid to those determined by the circuit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-52.htm - 2K - Match Info - Similar pages
18-1A-30
Section 18-1A-30 Expenses incidental to transfer of title; interest on award. (a) As soon as
practicable after payment of the purchase price, or payment of, or deposit in probate court,
of funds to satisfy the award in a condemnation action, whichever is earlier, the condemnor
shall pay, or reimburse the owner for, any reasonable and necessarily incurred expenses for:
(1) Recording fees, transfer taxes, and similar expenses incidental to conveying the property
to the condemnor; (2) Penalty costs for prepayment of any debt secured by a preexisting lien,
entered into or created in good faith, encumbering the property; and (3) The prorated portion
of property taxes allocable to a period after the date of vesting of title in, or the effective
date of possession of the property by the condemnor, whichever is earlier. (b) In the event
of an appeal to the circuit court, the condemnor shall pay the owner interest upon any part
of the award deposited in probate court and not made available to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-30.htm - 1K - Match Info - Similar pages
25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-134.htm - 18K - Match Info - Similar pages
18-1A-289
Section 18-1A-289 Effect of order of condemnation; right of entry, etc., pending appeal upon
deposit of damages, compensation, and costs; effect of appeal upon condemnation order. The
order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the circuit court, or the bond thereof in the circuit court for the defendant, shall vest
in the applicant the property or property right proposed to be acquired for the uses and purposes
stated in the application and for no other uses or purposes. But if an appeal shall be taken
by any party, then the person, corporation or association seeking to acquire such property
or property right, upon the deposit in the circuit court for the party whose land or interest
therein is sought to be condemned of the amount of damages and compensation so assessed, together
with the costs of the proceeding, shall be entitled to enter upon the lands so condemned and
to survey, construct, and operate on the same for the uses and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-289.htm - 1K - Match Info - Similar pages
10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for payment under
Section 10A-2-13.28 remains unsettled, the corporation shall commence a proceeding within
60 days after receiving the payment demand and petition the court to determine the fair value
of the shares and accrued interest. If the corporation does not commence the proceeding within
the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The corporation shall commence the proceeding in the circuit court of the county where
the corporation's principal office, or, if none in this state, its registered office, is located.
If the corporation is a foreign corporation without a registered office in this state, it
shall commence the proceeding in the county in this state where the registered office of the
domestic corporation merged with or whose shares were...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-13.30.htm - 3K - Match Info - Similar pages
35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-461.htm - 5K - Match Info - Similar pages
11-50A-14
Section 11-50A-14 Right to receivership upon default. (a) In the event that the authority shall
default in the payment of the principal of or interest on any of its bonds, bond anticipation
notes or notes after they shall become due, whether at maturity or upon call for redemption,
and such default shall continue for a period of 30 days, or if the authority shall default
in any material respect in any agreement made with the holders of the bonds, bond anticipation
notes or notes, any holder of bonds, bond anticipation notes or notes, or trustee therefor,
shall have the right to apply in an appropriate judicial proceeding to the Montgomery County
circuit court for the appointment of a receiver for the project, the revenues of which were
pledged for payment of the principal of and interest due on the bonds, bond anticipation notes
or notes, whether or not all bonds, bond anticipation notes or notes have been declared due
and payable and whether or not the holder, or trustee therefor, is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50A-14.htm - 4K - Match Info - Similar pages
19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-816.htm - 10K - Match Info - Similar pages
39-7-25
Section 39-7-25 Rights and remedies of bondholders. In addition to all other rights and all
other remedies any holder or holders of any bond or bonds of any authority incorporated under
this chapter, including a trustee for bondholders, shall have, subject to any contractual
limitations binding upon such bondholder or holders or trustee, and subject to the prior or
superior rights of others the following rights: (1) To institute a civil action on the bonds;
(2) To enforce his rights by mandamus or other civil action or proceeding against such authority
and the board of trustees of such authority, including the right to require such authority
and such board of trustees to fix and collect rates and charges adequate to carry out any
agreement as to or pledge of the revenues produced by such rates or charges and to require
such authority and such board to carry out any other covenants and agreements with such bondholder
and to perform its and their duties under this chapter; (3) To require...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/39-7-25.htm - 2K - Match Info - Similar pages
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