Code of Alabama

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35-19-10
Section 35-19-10 Amendment or termination of environmental covenant. (a) Unless otherwise specified
in the environmental covenant, an environmental covenant may be amended or terminated by consent
only if the amendment or termination is signed by each of the following: (1) The agency, unless
waived by the agency, in which event the current owner of the fee simple of the real property
subject to the covenant must sign. (2) Each person that originally signed the covenant, unless
a person waived in a signed record the right to consent or a court finds that the person no
longer exists or cannot be located or identified with the exercise of reasonable diligence.
(3) Except as otherwise provided in subsection (d)(2), the holder. (b) If an interest in real
property is subject to an environmental covenant, the interest is not affected by an amendment
of the covenant unless the current owner of the interest consents to the amendment or has
waived in a signed record the right to consent to...
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45-2-180.01
Section 45-2-180.01 Regulation of billboards in unincorporated areas; enforcement; variances;
appeals. (a) This section shall apply only within the unincorporated areas of Baldwin County.
(b)(1) In the unincorporated areas of Baldwin County, the county commission may regulate and
shall have exclusive zoning authority to regulate billboards, including, but not limited to,
the size and location of any billboards. Within the planning jurisdiction of a municipality
that regulates billboards, the county commission shall regulate and shall have exclusive authority
to regulate billboards which regulation and enforcement shall be no less stringent than the
regulation of billboards by municipal ordinance within the corporate limits of the municipality.
The regulations shall be adopted by resolution or ordinance of the county commission at a
regularly scheduled meeting of the commission. Any resolution or ordinance adopted pursuant
to this section shall have standards as to distance between...
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10A-3-2.44
Section 10A-3-2.44 Assertion of lack of capacity or power; defense of ultra vires No act of
a nonprofit corporation and no conveyance or transfer of real or personal property to or by
a nonprofit corporation shall be invalid by reason of the fact that the corporation was without
capacity of power to do an act or to make or receive a conveyance or transfer, but lack of
capacity of power may be asserted: (1) In a proceeding by a member or a director against the
nonprofit corporation to enjoin the doing or continuation of unauthorized acts, or the transfer
of real or personal property by or to the nonprofit corporation. If the unauthorized acts
or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract
to which the nonprofit corporation is a party, the court may, if all of the parties to the
contract are parties to the proceeding and if it deems the same to be equitable, set aside
and enjoin the performance of the contract, and in so doing may allow to...
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10A-5A-2.05
Section 10A-5A-2.05 Execution of documents - Unsigned documents. (a) If a person required by
this chapter to sign a writing or deliver a writing to a filing officer for filing under this
chapter does not do so, any other person that is aggrieved by that failure may petition the
designated court, and if none, the circuit court for the county in which the limited liability
company's principal office within this state is located, and if the limited liability company
does not have a principal office within this state then the circuit court for the county in
which the limited liability company's most recent registered office is located, to order:
(1) the person to sign the writing; (2) the person to deliver the writing to the filing officer
for filing; or (3) the filing officer to file the writing unsigned. (b) If a petitioner under
subsection (a) is not the limited liability company or foreign limited liability company to
whom the writing pertains, the petitioner shall make the limited...
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12-17-94
Section 12-17-94 Duties generally. (a) The duties of the clerks of the circuit court include
all of the following: (1) To sign and issue all summons, subpoenas, writs, executions, and
other processes, under the authority of the court. (2) To keep a consolidated docket sheet
of civil and criminal cases, the names of the parties, the character of action or offense,
the names of the attorneys and the sheriff's return, which shall be entered in all civil and
criminal cases standing for trial, in the order in which they are brought, and the bench notes,
orders, rulings on motions and pleadings, other preliminary matters and final judgment which
have been made in each case by the judge, which shall be the official minutes. (3) To keep
all papers, books, dockets, and records belonging to their office with care and security,
with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and
the books, dockets and records properly lettered. Parties shall be allowed to...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-5.htm - 2K - Match Info - Similar pages

36-21-67
Section 36-21-67 Imposition of additional court costs in certain criminal and quasi-criminal
proceedings; remittance of proceeds to Executive Director of Alabama Peace Officers' Annuity
and Benefit Fund. In all criminal and quasi-criminal proceedings for the violation of laws
of the state or municipal ordinances including violations of the state conservation laws or
regulations which are tried in any court or tribunal in this state, wherein the defendant
is adjudged guilty or pleads guilty or wherein a bond is forfeited and the result of the forfeiture
is a final disposition of the case or wherein any penalty is imposed, there is hereby imposed
an additional cost of court in the amount of $1.00 for each traffic infraction, $5.00 in each
such proceeding where the offense constitutes a misdemeanor and/or a violation of a municipal
ordinance other than traffic infractions and $10.00 in each such proceeding where the offense
constitutes a felony; provided, however, that there shall be no...
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41-7-2
Section 41-7-2 Director of Publicity; division and unit heads; assistants and employees; welcome
center workers; Capitol hostesses. The department shall be in charge of a Director of Publicity.
The director shall be appointed by and serve at the pleasure of the Governor. The Governor
shall fix the compensation of the director in accordance with the provisions of Section 36-6-6.
The director shall appoint division and unit heads and such assistants and employees as may
be necessary to the efficient operation of the department. All employees of the department
shall be subject to the provisions of the Merit System Act. It is further provided, however,
that all persons employed by the department for positions in state welcoming centers as of
June 22, 1979, shall retain their employment positions with the department. All such persons
so retained by the department shall immediately receive all benefits and privileges of the
state Merit System law in the same manner and to the same extent as...
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8-12-17
Section 8-12-17 Injunctive relief; famous marks. (a) Subject to the principles of equity, the
owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness,
in this state shall be entitled to an injunction against another person's commercial use of
a mark, if such use begins after the famous mark has become famous and is likely to cause
dilution of the famous mark, and to obtain such other relief as is provided in this section.
(b) A mark is famous if it is widely recognized by the general consuming public of this state
or a significant geographic area in this state as a designation of source of the goods or
services or the business of the mark's owner. In determining whether a mark is famous, a court
may consider factors such as, but not limited to: (1) The duration, extent, and geographic
reach of advertising and publicity of the mark in this state, whether advertised or publicized
by the owner or third parties. (2) The amount, volume, and geographic...
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10A-2-3.04
Section 10A-2-3.04 Ultra vires. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Except as provided in subsection
(b), the validity of corporate action may not be challenged on the ground that the corporation
lacks or lacked power to act. (b) A corporation's power to act may be challenged: (1) In a
proceeding by a shareholder against the corporation to enjoin the act; (2) In a proceeding
by the corporation, directly, derivatively, or through a receiver, trustee, or other legal
representative, against an incumbent or former director, officer, employee, or agent of the
corporation; or (3) In a proceeding by the Attorney General under Section 10A-2-14.30. (c)
In a shareholder's proceeding under subsection (b)(1) to enjoin an unauthorized corporate
act, the court may enjoin or set aside the act, if equitable and if all affected persons are
parties to the proceeding, and may award damages for loss, other than...
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