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17-14-9
Section 17-14-9 Justices of the Supreme Court. The Chief Justice of the Supreme Court and the
associate justices of the court shall hold their respective offices for the term of six years
from the first Monday after the second Tuesday in January next after their election and until
their successors are elected and qualified. The office of a justice of the Supreme Court shall
be vacant if the incumbent dies, resigns, retires, or is removed. A vacancy in the office
of a justice of the Supreme Court shall be filled by appointment by the Governor. A justice
appointed to fill a vacancy shall serve an initial term lasting until the first Monday after
the second Tuesday in January following the next general election held after he or she has
completed one year in office. At such election, the office shall be filled for a full term
of office beginning at the end of the appointed term. (Code 1876, §247; Code 1886, §342;
Code 1896, §1578; Code 1907, §335; Code 1923, §419; Code 1940, T. 17,...
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18-1A-173
Section 18-1A-173 Effect of condemnation action on value; valuation of second taking; decrease
in value due to owner's neglect. (a) The fair market value of the property does not include
an increase or decrease in value before the date of valuation that is caused by (1) The proposed
improvement or project for which the property is taken; (2) The reasonable likelihood that
the property would be acquired for that improvement or project; or (3) The condemnation action
in which the property is taken. (b) If the second taking was within contemplation of the condemnor
at the time of the first taking the valuation of the second taking shall exclude any enhancement
value arising out of or created by the first taking. (c) Notwithstanding subsections (a) and
(b), a decrease in value before the date of valuation which is caused by physical deterioration
of the property within the reasonable control of the property owner, and by his unjustified
neglect, may be considered in determining fair market...
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19-3B-813
Section 19-3B-813 Duty to inform and report. (a) Except as otherwise provided in Section 19-3B-603,
the following rules apply: (1) A trustee shall keep the current permissible distributees of
income or principal of the trust reasonably informed about the administration of the trust
and of the material facts necessary for them to protect their interests. (2) Unless unreasonable
under the circumstances, a trustee shall promptly respond to a qualified beneficiary's request
for information related to the administration of the trust. (b) A trustee: (1) upon request
of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
(2) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries
of the acceptance and of the trustee's name, address, and telephone number; (3) within 60
days after accepting the trusteeship of an irrevocable trust, or the date the trustee acquires
knowledge that a formerly revocable trust has become irrevocable,...
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19-3D-4
Section 19-3D-4 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. FIDUCIARY DUTY. (a)
In exercising the decanting power, an authorized fiduciary shall act in accordance with its
fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
(b) This chapter does not create or imply a duty to consider or exercise the decanting power
or to inform beneficiaries about the applicability of this chapter. (c) Except as otherwise
provided in a first-trust instrument, for purposes of this chapter and Sections 19-3B-801
and 19-3B-802(a), the terms of the first trust are deemed to include the decanting power.
(Act 2018-519, §4.)...
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24-11-3
Section 24-11-3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Definitions. As used
in this chapter, the following terms shall have the following meanings: (1) ACCOUNT HOLDER.
A first-time and second chance home buyer who establishes, individually or jointly with another
first-time and second chance home buyer, a first-time and second chance home buyer savings
account. (2) ALLOWABLE CLOSING COSTS. A disbursement listed on a settlement statement for
the purchase of a single-family residence in Alabama by a first-time and second chance home
buyer. (3) DEPARTMENT. Alabama Department of Revenue. (4) ELIGIBLE COSTS. The down payment
and allowable closing costs for the purchase of a single-family residence in Alabama by a
first-time and second chance home buyer. Eligible costs do not include any costs incurred
prior to the establishment of a first-time and second chance home buyer savings...
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10A-2A-7.30
Section 10A-2A-7.30 Voting trusts. (a) One or more stockholders may create a voting trust,
conferring on a trustee the right to vote or otherwise act for them, by signing an agreement
setting out the provisions of the trust (which may include anything consistent with its purpose)
and transferring their stock to the trustee. When a voting trust agreement is signed, the
trustee shall prepare a list of the names and addresses of all voting trust beneficial owners,
together with the number and class of stock each transferred to the trust, and deliver copies
of the list and agreement to the corporation at its principal office. (b) A voting trust becomes
effective on the date the first shares of stock subject to the trust are registered in the
trustee's name. (c) Limits, if any, on the duration of a voting trust shall be as set forth
in the voting trust. A voting trust that became effective when this chapter provided a 10-year
limit on its duration remains governed by the provisions of this...
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19-3B-802
Section 19-3B-802 Duty of loyalty. (a) A trustee shall administer the trust solely in the interests
of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee
as provided in Section 19-3B-1012, a sale, encumbrance, or other transaction involving the
investment or management of trust property entered into by the trustee for the trustee's own
personal account or which is otherwise affected by a conflict between the trustee's fiduciary
and personal interests is voidable by a beneficiary affected by the transaction unless: (1)
the transaction was authorized by the terms of the trust; (2) the transaction was approved
by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed
by Section 19-3B-1005; (4) the beneficiary consented to the trustee's conduct, ratified the
transaction, or released the trustee in compliance with Section 19-3B-1009; or (5) the transaction
involves a contract entered into or claim acquired by...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
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43-8-292
Section 43-8-292 Filing and delivery of disclaimer. (a) Except as provided in subsection (c)
of this section, if the property or interest has devolved to the disclaimant under a testamentary
instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest,
not later than nine months after the death of the deceased owner or deceased donee of a power
of appointment and, if of a future interest, not later than nine months after the event determining
that the taker of the property or interest has become finally ascertained and his interest
is indefeasibly vested. The disclaimer shall be filed in the probate court of the county in
which proceedings for the administration of the estate of the deceased owner or deceased donee
of the power have been commenced or, if they have not been commenced, in which they could
be commenced. A copy of the disclaimer shall be delivered in person or mailed by registered
or certified mail to any personal representative or other...
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27-17A-50
Section 27-17A-50 Financial interest in asset or business in which endowment care trust invests,
etc.; disposition of funds. (a) No cemetery authority may directly or indirectly require or
direct the investment, reinvestment, or retention by a qualified trustee of any part of an
endowment care trust in any asset or business in which the cemetery authority or any officer,
director, owner, partner, or employee of the cemetery authority has a financial interest.
Nothing contained in this subsection shall prevent the trustee, subject to the provisions
regarding investment and reinvestment of the trust estate as are contained in the governing
instrument creating the trust, from investing, reinvesting, or retaining any asset or business
in which the cemetery authority or any officer, director, owner, partner, or employee of the
cemetery authority has an insubstantial or nonmaterial financial interest, provided that the
trustee, in the exercise of the trustee's discretion, deems the...
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