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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...
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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, §305.)...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination of validity
of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs of district
court judge and officer making seizure; appeals from judgment of district court. (a) The owner
of any livestock or animal which has been seized shall have the right to possession of the
same by paying such judgment and the costs thereof or, if no judgment has been entered, by
paying such damages as may be agreed upon together with fees and costs and expenses due on
account of such seizure to the person or officer so seizing such livestock or animal or to
the person who may at the time of such payment have such livestock or animal in his possession
and by paying to the court the costs of the court incurred to the time of such payment. Should
the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before any district court judge...
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11-48-43
Section 11-48-43 Appeals from judgment of circuit court - By property owner - Authorized; bonds.
An appeal may be taken to the Supreme Court of Alabama by any person interested in said property
from the judgment entered by the circuit court within 42 days from the date of entry of such
judgment, upon giving bond for costs of appeal or, if a stay of execution of the judgment
is desired, upon giving further bond in such sum as the judge of the circuit court may prescribe,
payable to the city or town with sufficient sureties, to be approved by the clerk of said
court, conditioned to pay such judgment or perform such judgment as the supreme court may
render in the action, and all such costs and damages as the city or town may have sustained
if the judgment is affirmed. (Code 1907, §1396; Code 1923, §2211; Acts 1927, No. 639, p.
753; Code 1940, T. 37, §552.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-48-43.htm - 1K - 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...
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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...
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45-49-233.01
Section 45-49-233.01 Fees for services. (a) The Sheriff of Mobile County shall be entitled
to receive the following fees for the services as listed below in civil and criminal cases:
SERVICE FEE (1) Levying attachment. $25 (2) Summoning garnishee and making return. $10 (3)
Garnishment notice to defendant. $10 (4) Serving summons and other mesne process, except subpoenas
for witnesses, and returning same. $10 (5) Summoning each witness and returning subpoenas.
$ 5 (6) Executing a writ of possession. $25 (7) Making a deed to real estate sold. $25 (8)
Serving summons and making returns in cases of forcible entry and detainer. $25 (9) Executing
writs of restitution in such cases. $25 (10) Collecting execution for cost only. $25 (11)
Serving subpoenas on bill in chancery proceedings and returning the same, for each defendant.
$25 (12) Serving any court summons not herein provided for and making return. $10 (13) Serving
attachment for contempt of court or rule to show cause. $10 (14) Taking...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-233.01.htm - 5K - Match Info - Similar pages
10A-20-15.01
Section 10A-20-15.01 Rights, powers, and authority. All corporations organized under the general
laws of this state, or heretofore under a special act of the Legislature, and all corporations
organized under the laws of any other of the United States which have complied with the Constitution
and laws of the State of Alabama as to foreign corporations and which by their charter have
the right to manufacture, supply, and sell to the public power produced by water as a motive
force, shall, after acquiring by purchase, or otherwise than by condemnation, a dam site or
power site comprising not less than one acre of land upon each and opposite sides of any watercourse
or after acquiring by purchase, or otherwise than by condemnation, a dam site comprising not
less than one acre of land upon one side of any watercourse and, where the dam site on the
other side of the watercourse is owned or controlled by the United States, shall have acquired
the permission of the United States to attach to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-20-15.01.htm - 9K - Match Info - Similar pages
11-48-45
Section 11-48-45 Appeals from judgment of circuit court - By property owner - Addition of interest
and damages upon affirmance of judgment for municipality. In the event a supersedeas bond
has been given as provided in Section 11-48-43 and the said case is affirmed by the supreme
court, it shall add to the judgment entered by the lower court interest thereon and 10 percent
in damages for delay. (Code 1907, §1398; Code 1923, §2213; Acts 1927, No. 639, p. 753; Code
1940, T. 37, §554.)...
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18-1A-284
Section 18-1A-284 Judgment not suspended by appeal if damages paid into probate court and bond
given. No appeal shall suspend the judgment or deprive the applicant of the right of entry,
provided the amount of the damages assessed for the parties who appeal or against whom an
appeal is taken shall have been paid into probate court in money and a bond shall have been
given in double the amount of such damage, with good and sufficient surety, to pay such damages
as the property owners may sustain. Said amount of damages may be paid into probate court
and said bond in double the amount of such damage, with good and sufficient surety, may be
given at the time of taking the appeal or at any time thereafter that the applicant may desire
the right of entry pending the appeal. (Acts 1985, No. 85-548, p. 802, §1615.)...
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