11-54B-14
Section 11-54B-14 Eminent domain utilization. No self-help business improvement district or
district management corporation shall have eminent domain powers. All such procedures incidental
to the development and maintenance of a self-help business improvement district pursuant to
this chapter, including compensation for land acquisition and legal challenges and appeals
not specifically prescribed hereunder, shall be taken in accordance with the applicable provisions
of Chapter 1A of Title 18. (Acts 1994, No. 94-677, §14.)...
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11-54B-53
Section 11-54B-53 Eminent domain utilization. No self-help business improvement district or
district management corporation shall have the power of eminent domain. (Act 2004-382, p.
626, §14.)...
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11-54B-40
Section 11-54B-40 Legislative findings. (a) The Legislature makes the following findings: (1)
That patterns of urban development have had substantial adverse impacts upon downtown and
community business districts vital to the economy of the State of Alabama. (2) That the public
interest would be advanced by authorizing the creation of self-help business improvement districts
and district management corporations to assist any Class 2 municipality in promoting economic
growth in business districts. (3) That the public interest would also be advanced by authorizing
the creation of self-help business districts for the promotion of tourism that include businesses
of a designated class and funding supplemental business services through the levy of assessments
on businesses of the designated class that receive benefits from those supplemental business
services. (4) That a district management corporation representing real property owners, or
in certain cases, owners of a particular class of...
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter 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...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its pleasure. (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise, and to refinance existing...
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11-54B-10
Section 11-54B-10 Amendment of self-help business improvement district ordinance. (a) Except
as provided in subsection (b), the governing body of the municipality may amend a self-help
business improvement district ordinance upon the written request of the district management
corporation or a representative group of the owners of the real property located within the
geographical area of the district. Such request must specify the desired amendment, which
should be made by the governing body of the municipality to the self-help business improvement
district ordinance. If such request is made by a representative group of owners of the real
property located within the geographical area of the district, such request must also include
the signatures of the owners of real property which comprises at least two-thirds of the total
fair market value of all real property located in the district, determined pursuant to the
provisions of subsection (a) of Section 11-54B-5. (b) The governing body...
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11-54B-49
Section 11-54B-49 Amendment of the self-help business improvement district ordinance. (a) The
governing body of the municipality may amend an ordinance relating to the self-help business
improvement district upon the written request of a representative group of the owners of the
nonexempt real property located within the geographical area of the district. The request
shall specify the desired amendment or amendments which should be made by the governing body
of the municipality to the self-help business improvement district ordinance. The request
shall also include the signatures of the owners of the nonexempt real property comprising
at least 60 percent of the total fair market value of all real property located in the district,
or the owners of at least 50 percent of the parcels of property located within the district;
or, alternatively with respect to a district funded by assessments against a particular class
of businesses, the signatures of the owners of businesses, consistent...
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11-54B-4
Section 11-54B-4 Findings required for public hearing on adoption of self-help business improvement
district ordinance. A public hearing on the adoption of a self-help business improvement district
ordinance may be called only if the governing body of a municipality finds that: (a) A request
for the creation of a self-help business improvement district which satisfies the requirements
of Section 11-54B-5 has been filed with the clerk of the municipality. (b) The area described
in the self-help business improvement district plan would benefit from being designated as
a self-help business improvement district. (c) The self-help business improvement district
plan required by Section 11-54B-5 includes a designated district management corporation to
provide administrative and other services to benefit businesses, employees, residents, and
consumers in the self-help business improvement district. (d) The self-help business improvement
district plan includes a special assessment which will be...
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11-54B-7
Section 11-54B-7 Review of self-help business improvement district plan and adoption of ordinance.
The municipality, upon review of the self-help business improvement district plan submitted,
may, after public hearing, adopt an ordinance to designate, establish, and maintain the area
described in the plan as a self-help business improvement district. The ordinance shall provide
for an effective date which is sixty (60) days from the date of adoption of the ordinance
by the municipality and shall provide that, if the owners of real property which represent
one-third ( 1/3 ) or more (by number) of all parcels of real property located within the geographical
area of the district file written objections to the establishment of the district with the
clerk of the municipality, the provisions of such ordinance shall be null and void and no
district shall be created. The ordinance shall designate the district management corporation
provided for in the plan as the district management...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance shall provide that the special
assessment levied on the owners of the real property located within the geographical area
of the district shall be collected by the district management corporation. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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