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23-4-2
Section 23-4-2 Procedure. (a) Whenever the governing body of a municipality or county proposes
to vacate a public street, alley, or highway, or portion thereof, the governing body shall
schedule a public hearing prior to taking final action and shall publish notice of the proposed
hearing on the vacation in a newspaper of general circulation in the portion of the county
where the street, alley, or highway lies once a week for four consecutive weeks in the county
prior to deciding the issue at a regularly scheduled meeting of the governing body. A copy
of the notice shall be posted on a bulletin board at the county courthouse and shall also
be served by U.S. mail at least 30 days prior to the scheduled meeting on any abutting owner
and on any entity known to have facilities or equipment such as utility lines, both aerial
or buried, within the public right-of-way of the street, alley, or highway to be vacated.
The notice shall describe the street, alley, highway, or portion thereof...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-4-2.htm - 3K - Match Info - Similar pages
23-4-20
Section 23-4-20 Vacation of street or alley. (a) Subject to the conditions set out in this
subsection, any street or alley may be vacated, in whole or in part, by the owner or owners
of the land abutting the street or alley or abutting that portion of the street or alley desired
to be vacated by following the procedures set out herein. The owner or owners of the land
abutting the street or alley to be vacated shall join in a written petition requesting that
the street or alley be vacated and shall file the petition with the governing body with jurisdiction
over the street or alley, or portion thereof, requesting the governing body's approval of
the vacation. The governing body shall set the request for vacation for public hearing within
100 days from the date the petition is received. Notice of the hearing shall be provided as
set out in Section 36-25A-3 for notice of meetings of the governing body and shall describe
the street or alley, or portion thereof, requested to be vacated in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-4-20.htm - 7K - Match Info - Similar pages
11-49-100
Section 11-49-100 Adoption of ordinance for vacation of street and erection of public building,
etc., thereon - Authorized generally. Whenever in the judgment of the council or other governing
body of any town or city it is to the interest of the public convenience that a portion of
any street in the limits of such city or town be vacated and discontinued as a highway and
that such vacated portion should be used for the erection and maintenance in whole or in part
thereon of any state, county, or municipal public building or railroad station or depot or
street railroad station or depot, such city or town council or other governing body may, by
ordinance duly adopted, vacate such portions of such street and discontinue its use as a public
highway and permit the erection and maintenance in whole or in part thereon of a state, county,
or municipal public building or railroad station or depot or street railroad station or depot.
(Acts 1909, No. 67, p. 102; Code 1923, §2238; Code 1940, T....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-49-100.htm - 1K - Match Info - Similar pages
40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-359.htm - 28K - Match Info - Similar pages
11-49-6
Section 11-49-6 Vacation of right-of-way fee. Prior to the exercise of the power of a municipality
incorporated in this state to vacate the public right-of-way for a road, street, alley, or
other dedicated public way, open or unopen, as a condition of exercise of such power to vacate,
the governing body may require abutting landowners who will directly benefit from such vacation
to pay to such municipality a vacation of right-of-way fee equal to the fair market value
of the land which will be added to the holdings of such abutting landowners. Such fair market
value shall be determined by the governing body of the municipality after a public hearing,
notice of which shall be published in a daily newspaper of general circulation at least five
days prior thereto and mailed to such address or addresses as may be set forth in the application
by abutting owners for the vacation of right-of-way unless a waiver of such notice to abutting
landowners is filed by such abutting landowners with the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-49-6.htm - 2K - Match Info - Similar pages
35-2-54
Section 35-2-54 Vacation of streets or alleys by abutting landowners. Any street or alley shown
by any map, plat, or survey, whether such map or plat is executed and recorded as provided
by law or not, may be vacated, in whole or in part, by the owner or owners of the lands abutting
the street or alley (or that portion of the street or alley desired to be vacated), or their
executors, administrators, or guardian, joining in a written instrument declaring the same
to be vacated, such written instrument to be executed, acknowledged, and recorded in like
manner as conveyances of land, which declaration being duly recorded shall operate to destroy
the force and effect of the dedication by the map, plat, or survey and to divest all public
rights, including any rights which may have been acquired by prescription, in that part of
the street or alley so vacated. If any such street or alley is within the limits of any municipality,
the assent of the mayor and aldermen or other governing body of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-2-54.htm - 2K - Match Info - Similar pages
23-4-5
Section 23-4-5 Appeals. Any party affected by the vacation of a street, alley, or highway pursuant
to this chapter may appeal within 30 days of the decision of the governing body vacating the
street to the circuit court of the county in which the lands are situated, and upon such appeal,
the proceeding shall be tried de novo, either party having the right to demand trial by jury
when and as demand is authorized in civil actions. The appeal shall not suspend the effect
of the decision of the governing body unless the appealing party shall give bond, with sureties,
in an amount to be determined by the circuit judge. From the judgment of the circuit court,
an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the
Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Acts 1931, No.
49, p. 62; Code 1940, T. 56, §30; Act 2004-323, p. 548, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-4-5.htm - 1K - Match Info - Similar pages
32-1-1.1
Section 32-1-1.1 Definitions. The following words and phrases when used in this title, for
the purpose of this title, shall have meanings respectively ascribed to them in this section,
except when the context otherwise requires: (1) ALLEY. A street or highway intended to provide
access to the rear or side of lots or buildings in urban districts and not intended for the
purpose of through vehicular traffic. (2) ARTERIAL STREET. Any United States or state numbered
route, controlled-access highway, or other major radial or circumferential street or highway
designated by local authorities within their respective jurisdictions as part of a major arterial
system of streets or highways. (3) AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles,
police vehicles, and ambulances as are publicly owned, and such other publicly or privately
owned vehicles as are designated by the Secretary of the Alabama State Law Enforcement Agency
or the chief of police of an incorporated city. (4) BICYCLE....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-1-1.1.htm - 22K - Match Info - Similar pages
37-2-84
Section 37-2-84 Abandonment and discontinuance of grade crossings. (a) The Department of Transportation
is given authority and power to abandon and discontinue any portion of a state highway, or
street on a state highway route with the approval of the city council or governing body of
any municipality, crossing the tracks or right-of-way of any railroad or street railway within
the state, and to close the grade crossing, whenever in the judgment of the department the
grade crossing has ceased to be necessary for the public as a part of any state highway, because
of relocation of the highway, or because of the construction of an underpass or overpass,
or other provision made for the elimination of the grade crossing. Whenever the department
orders the abandonment of a portion of the highway or street and the closing of a grade crossing,
it shall enter its order providing therefor in the department minutes. Notice in writing of
the abandonment and discontinuance of the portion of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-84.htm - 5K - Match Info - Similar pages
35-2-55
Section 35-2-55 Validation, ratification, and confirmation of vacation of streets, etc. Every
change in location, or vacation, or attempted vacation of any road, street, avenue, or alley,
or any part thereof, by the owner or owners of lands abutting thereon, or upon which such
road, street, avenue, or alley is located, when such vacation, or attempted vacation, or change
of location was in a city or town and was assented to, acquiesced in, or authorized by the
governing body thereof (or if it was without a city or town when such vacation, or attempted
vacation, or change of location when made was assented to, acquiesced in, or authorized by
the county commission, or which has been or may be hereafter ratified or confirmed by the
county commission) is and shall be validated, ratified, and confirmed, and all rights of the
public in any such road, street, avenue, or alley, or the part thereof so vacated, or attempted
to be vacated, including all rights acquired by prescription, are and...
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