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11-47-218
Section 11-47-218 Powers of authorities generally; location of projects; exercise of power
of eminent domain. (a) In addition to all other powers at any time conferred on it by law,
and subject to any express provisions of its certificate of incorporation to the contrary,
an authority shall have the following lawful powers, together with all powers incidental thereto
or necessary to discharge thereof in the corporate form: (1) To have succession by its corporate
name in perpetuity or for the duration specified in its certificate of incorporation. (2)
To sue and be sued in its own name in civil actions and to defend actions against it. (3)
To adopt and make use of a corporate seal and to alter the same at pleasure. (4) To adopt,
alter, and repeal bylaws, regulations, and rules, not inconsistent with this article or its
certificate of incorporation, for the regulation and conduct of the affairs and business of
the authority. (5) To acquire, receive, take, and hold, whether by purchase,...
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41-10-54
Section 41-10-54 Powers of authority generally; acquisition by eminent domain of real property
or rights owned by railroads or utilities not authorized. (a) The authority shall have the
following powers: (1) To have succession by its corporate name until it is dissolved; (2)
To adopt bylaws for the regulation of its affairs and the conduct of its business; (3) To
adopt and use an official seal and alter the same at pleasure; (4) To maintain a principal
office in Jefferson County, Alabama, and suboffices at such places within the state as it
may designate; (5) To sue and be sued and to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and of the parties; (6) To acquire by purchase,
gift, condemnation or any other lawful means any real, personal or mixed property necessary
or convenient in connection with the purpose for which the authority is formed and to hold
title to such property, together with all rights incidental to its estate in such...
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23-3-5
Section 23-3-5 Acquisition of property and property rights. (a) For the purpose of this chapter,
the highway authorities of the state, acting alone or through the counties, cities, and towns,
may acquire private or public property and property rights for controlled access facilities
and service roads, including rights of access, air, view and light, by gift, devise, purchase,
or condemnation in the same manner as such authorities are now, or hereafter may be, authorized
by law to acquire such property or property rights in connection with highways and streets
within their respective jurisdiction. In connection with the acquisition of property or property
rights for any controlled access facility, or portion thereof or service road in connection
therewith, the state, county, city, or town highway authority is hereby authorized, in its
discretion, to acquire an entire lot, block or tract of land, even though such entire lot,
block or tract of land is not immediately needed for the...
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18-4-14
Section 18-4-14 Procedure for acquiring real property. Whenever real property is acquired by
a state agency in connection with any programs or projects, the acquisition shall be conducted,
to the greatest extent practicable, in accordance with the following: (1) An agency shall
make every reasonable effort to acquire, expeditiously, real property by negotiation. (2)
Real property shall be appraised before the initiation of negotiations, and the owner or his
or her designated representative shall be given an opportunity to accompany the appraiser
during his or her inspection of the property. (3) Before the initiation of negotiations for
real property, the state agency concerned shall establish an amount which it believes to be
just compensation for the property and shall make a prompt offer to acquire the property for
the full amount established. In no event shall the amount be less than the approved appraisal
of the fair market value of the property by the agency. Any decrease or...
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33-2-5
Section 33-2-5 Power of eminent domain generally. There is hereby vested in the State Docks
Department power of eminent domain in carrying out the provisions of this article, which power
shall apply not only as to all property of private persons and corporations, except as limited
in Section 33-2-3, but also as to property already devoted to public use; provided, that the
State Docks Department shall have no authority to acquire without consent of the owner thereof
by condemnation any property now operated and used for port purposes or such purposes as the
State Docks Department is authorized to acquire and use property for, unless the necessity
therefor be alleged and proved. (Acts 1957, No. 311, p. 408, ยง5.)...
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18-1A-3
Section 18-1A-3 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACTION. Condemnation
action. (2) APPRAISAL. An opinion as to the value of or compensation payable for property,
prepared by the owner or under the direction of an individual qualified by knowledge, skill,
experience, training, or education to express an opinion as to the value of property. (3)
BUSINESS. A lawful activity, whether or not for profit, other than a farm operation, conducted
primarily for the purchase, sale, lease, rental, manufacture, processing, or marketing of
products, commodities, or other property, or for providing services. (4) CONDEMN. To take
property under the power of eminent domain. (5) CONDEMNATION ACTION. Includes all acts incident
to the process of condemning property after commencement of suit until the entry of final
judgment. (6) CONDEMNEE. A person who has or claims an interest in...
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22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
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33-2-3
Section 33-2-3 Acquisition, construction, maintenance, operation, etc., of facilities; plans
and survey; limitation upon right of eminent domain. Through the Alabama State Docks Department,
the state, in engaging in the works of internal improvements authorized by this article, shall
have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip,
control and operate along navigable rivers, streams or waterways and at river ports or landings
along navigable rivers, streams or waterways now or hereafter existing within the state, wharves,
piers, docks, quays, grain elevators, cotton compresses, warehouses, improvements and water
and rail terminals and such structures and facilities as may be needful for convenient use
of the same, in aid of commerce and use of navigable waterways of the state, to the fullest
extent practical and as the State Docks Department shall deem desirable or proper. This authority
shall include dredging of approaches to any facilities...
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40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. THIS SECTION WAS AMENDED
BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE THE AMENDED
VERSION, SEE THE VERSION LABELED PENDING. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
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45-37A-56.29
Section 45-37A-56.29 Powers of the 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, specified in its certificate of incorporation. (2) To sue and be sued in its
own name in civil suits and actions. (3) To adopt and make use of a corporate seal and to
alter the same at pleasure. (4) To adopt and alter bylaws for the regulation and conduct of
its affairs and business. (5) To acquire, receive, take, and hold, whether by purchase, gift,
lease, devise, eminent domain, or otherwise, property of every description, whether real,
personal, or mixed, and to manage the property, and to develop any undeveloped property owned,
leased, or controlled by it, provided, however, that no such authority shall acquire or lease
real property located outside the boundaries of the city. (6) To...
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