9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers conferred
on it by law, the commission shall have the power to do all of the following: (1) Adopt, amend,
suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules
and regulations shall not be more stringent than those promulgated by federal law, or rule
or regulation, to control surface coal mining operations consistent with this article including
the declaration of public policy and legislative intent contained in Section 9-16-71. Such
rules and regulations may be for the state as a whole or may vary from area to area, as may
be appropriate to accomplish the policy and intent of this article and in order to take into
account varying local conditions. (2) Hold public hearings as may be specified by law relating
to any aspect or matter in the administration of this article and, in connection therewith,
administer oaths and compel the attendance of witnesses and the...
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9-17-13
Section 9-17-13 Integration of interests; cycling operations; orders of board; procedures.
(a) When any mineral or other related interests deriving from two or more separately owned
tracts of land are embraced within an established or a proposed drilling or production unit,
or when there are separately owned interests in all or a part of an established or proposed
drilling or production unit, or any combination of such, the persons owning the interests
therein may validly agree to integrate or pool the interests and to develop the interests
and associated lands as a drilling or production unit. Where, however, the owners have not
agreed to so integrate or pool the interests, the board shall, for the prevention of waste
or to avoid the drilling of unnecessary wells, require the persons owning such interests to
do so and to develop their interests and the associated lands as a drilling or production
unit. (b) The board, in order to prevent waste and avoid the drilling of unnecessary...
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9-13-271
Section 9-13-271 Legislative findings. (a) The Legislature hereby finds and declares that the
application of prescribed burning is a landowner property right and a land management tool
that benefits the safety of the public, the environment, the natural resources, and the economy
of Alabama. Therefore, the Legislature finds that: (1) Prescribed burning reduces naturally
occurring vegetative fuels within wildland areas. The reduction of the fuel load reduces the
risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life
and property, particularly in urbanizing areas. (2) Many of Alabama's natural communities
require periodic fire for maintenance of their ecological integrity. Prescribed burning is
essential to the perpetuation, restoration, and management of many plant and animal communities.
Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent
ecosystems. (3) Forest lands constitute significant...
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6-5-343
Section 6-5-343 Liability for farmer allowing nonprofit entity onto property. Notwithstanding
any law to the contrary, any farmer, as an owner, lessee, occupant, or person otherwise in
control of land, who allows without compensation another person who is employed by or who
is an agent of a nonprofit entity to enter upon the land for the purpose of removing any crops
remaining in the farmer's fields following the harvesting of the crops, owes that person the
same duty of care the farmer owes a trespasser. For purposes of this section a nonprofit entity
is an entity that is exempt from federal income tax under 26 U.S.C. Section 501(c)(3). (Act
2004-367, p. 598, §1.)...
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9-2-3
Section 9-2-3 Powers and duties as to state parks and parkways, etc. The Department of Conservation
and Natural Resources, for the purpose of establishing, developing and maintaining state parks
and parkways, may acquire land by donation, purchase, condemnation or lease and for these
purposes may use such funds as may be available to it and not otherwise obligated and may
enter into agreements with the federal government or other agencies for acquiring by lease,
purchase or otherwise such lands as in its judgment are desirable for state parks or parkways.
As to the purchase of lands, such agreements may provide for a division of the payments over
a period of years, in which case the payments may be secured by mortgage; provided, that no
liability shall attach to the State of Alabama or any of its departments, boards, bureaus
or commissions or any member or official thereof if the security specifically given in any
such mortgage is insufficient to pay said mortgage at a forced sale or...
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9-11-59
Section 9-11-59 License to capture or kill fur-bearing animals for commercial purposes; traps.
(a) It shall be unlawful for any person to take, capture, or kill, or to attempt to take,
capture, or kill for commercial purposes by any means or device any of the fur-bearing animals
protected by the laws or regulations of this state without first procuring a license therefor,
to be issued in the same manner as is provided for hunting and fishing licenses. (b)(1) Any
person who has been a bona fide resident of this state for 90 days next preceding may procure
a resident trapping license by paying the sum of twenty dollars ($20). (2) Any person who
has not been a bona fide resident of this state for 90 days next preceding may procure a nonresident
trapping license by paying the amount charged a resident of Alabama for a similar license
in the nonresident state, except that the license fee for a nonresident in no event shall
be less than 10 times the license fee charged by the department for...
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35-15-24
Section 35-15-24 Otherwise existing liability not limited. (a) Nothing in this article limits
in any way legal liability which otherwise might exist when such owner has actual knowledge:
(1) That the outdoor recreational land is being used for non-commercial recreational purposes;
(2) That a condition, use, structure, or activity exists which involves an unreasonable risk
of death or serious bodily harm; (3) That the condition, use, structure, or activity is not
apparent to the person or persons using the outdoor recreational land; and (4) That having
this knowledge, the owner chooses not to guard or warn, in disregard of the possible consequences.
(b) The test set forth in subsection (a) of this section shall exclude constructive knowledge
by the owner as a basis of liability and does not create a duty to inspect the outdoor recreational
land. (c) Nothing in this article shall be construed to create or expand any duty or ground
of liability or cause of action for injury to persons on...
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22-30D-3
Section 22-30D-3 Definitions. Unless otherwise defined in this chapter, the definitions of
terms included in Section 22-30-3 shall be applicable to this chapter. For the purposes of
this chapter, the following terms have the following meanings: (1) ABANDONED DRYCLEANING FACILITY.
Any real property premises or individual leasehold space located in this state owned by any
person in which a drycleaning facility or wholesale distribution facility formerly operated;
provided, however, that any owner or operator or wholesale distributor who shall have elected
not to be covered by the provisions of this chapter shall not be considered a person owning
or leasing such a facility for the purposes of this chapter. (2) ADJACENT LAND OWNER. Any
owner, lessor, or mortgagee of any real property onto which contamination from a drycleaning
facility, abandoned drycleaning facility, or wholesale distribution facility of any owner
or operator or wholesale distributor who shall have elected to be covered...
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10A-8A-1.02
Section 10A-8A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used in this chapter,
unless the context otherwise requires, the following terms mean: (1) "Business"
includes every trade, occupation, and profession for profit. (2) "Disqualified person"
means any person who is not a qualified person. (3) "Distribution" except as otherwise
provided in Section 10A-8A-4.09(f), means a transfer of money or other property from a partnership
to another person on account of a transferable interest. (4) "Foreign limited liability
partnership" means a foreign partnership whose partners have limited liability for the
debts, obligations, or other liabilities of the foreign partnership under a provision similar
to Section 10A-8A-3.06(c). (5) "Foreign partnership" means a partnership governed
by the laws of a jurisdiction other than this state which would be a partnership if governed
by the laws of this state. The term includes a foreign limited liability partnership. (6)
"Limited liability...
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16-26B-5
Section 16-26B-5 Board of trustees - Powers, duties, functions. The school board may: (1) Accept
donations, bequests, or other forms of financial assistance for educational purposes from
any public or private sector persons or agencies and comply with rules and regulations governing
grants from the federal government or from any other person or agency, which are not in contravention
of the Constitution of Alabama of 1901 and laws. (2) Purchase land and equipment and make
improvements to land and facilities necessary for the use of the school, in accordance with
applicable law. (3) Lease land or other property belonging to it or to the school. (4) Sell
or exchange land or other real property not needed for school purposes, if the sale or exchange
is specifically authorized by law and is in accordance with the procedures provided for the
sale of unused school lands under Chapter 15 (commencing with Section 9-15-1) of Title 9.
The sale shall be authorized by resolution of the school...
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