Code of Alabama

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11-50-400
Section 11-50-400 Use of public highway rights-of-way. Each such district is hereby authorized
to use the right-of-way of public highways for construction of gas lines along the margin
of said right-of-way subject to the district's obtaining written permission from the appropriate
county commission or the State Department of Transportation as applicable. (Acts 1951, No.
762, p. 1319, §19; Acts 1969, No. 476, p. 932.)...
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23-1-40
Section 23-1-40 Duties and powers generally. (a) It shall be the duty of the Department of
Transportation to designate the roads to be constructed, repaired, and maintained and to construct,
standardize, repair, and maintain roads and bridges of this state; and it shall have authority
to make contracts or agreements to construct or pave the roadway only of the street or streets
which will serve to connect the state highway constructed or repaired by the department within
any municipality in the State of Alabama. (b) In such municipalities in which the Department
of Transportation has not designated the street or streets which are a part of the state highways
constructed or repaired by the department, it shall be the duty of the department to designate
such street or streets. The department may also cooperate or contract with any municipality
or county in the paving or improving of any street or streets, highway or highways, or walkway
or walkways upon which a state educational or...
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23-1-56
Section 23-1-56 Contracts to do work - Qualification of bidders. (a) Prequalifications of contractors.
The Director of Transportation shall require all bidders to furnish a statement under oath,
on such forms as the State Department of Transportation may prescribe, of detailed information
with respect to their financial resources, equipment, past record, and experience of both
the firm and personnel of the organization, together with such other information as the State
Department of Transportation may deem necessary for carrying out the provisions of this chapter.
Such forms shall include a financial statement actually prepared by a certified public accountant
(C.P.A.) or any independent licensed public accountant approved by the Alabama State Department
of Transportation, an inventory of equipment listing its location and book value, a listing
of material and equipment houses with whom a line of credit is established as well as those
firms from whom principal materials and equipment...
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11-6-2
Section 11-6-2 Qualifications. The person appointed as county engineer, or chief engineer of
the division of public roads within the meaning of this article, shall be a registered professional
engineer in the State of Alabama in good standing and, in addition, he shall have had not
less than three years' experience in the maintenance and construction of highways and bridges.
The county engineer need not be qualified as a land surveyor in order for the State Department
of Transportation to participate in the payment of a portion of said county engineer's salary
as provided in Section 11-6-4. (Acts 1971, No. 1945, p. 3143, §3; Acts 1976, No. 338, p.
368; Acts 1977, No. 463, p. 603; Acts 1977, No. 470, p. 612; Acts 1977, No. 797, p. 1376;
Acts 1978, No. 18, p. 84; Acts 1978, No. 382, p. 346; Acts 1979; No. 79-273, p. 412; Acts
1979, No. 79-571, p. 1020; Acts 1980, No. 80-111, p. 163; Acts 1981, No 81-707, p. 1188; Acts
1986, No. 86-395, p. 582, §2.)...
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23-1-331
Section 23-1-331 Definitions. Where used in this article, the following words shall have the
following meanings: (1) BRIDGE REPLACEMENT. Bridge replacement includes the replacement of
existing bridge structures and, if necessary, the realignment of the adjacent approaches.
If the route is to be four-laned, it includes the construction of a new bridge for the two
new lanes. (2) CONSTRUCTION, CONSTRUCT, or CONSTRUCTING. The act of completing a project.
The physical building of the roadway, bridges, and appendages thereto. (3) COUNTY ROADS. All
paved or unpaved public roads, including bridges, within a county on the county road system
and continuing into or through the corporate limits of any city or town in a county which
are not a part of the state highway system. (4) DEPARTMENT OF TRANSPORTATION. That state department
created by Section 23-1-20. (5) OBLIGATION LIMIT. That point in obligating or budgeting funds
for projects that the Transportation Director may not exceed by approving...
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23-5-2
Section 23-5-2 Driving around, destruction, etc., of detour or warning sign, or barricade or
fence. (a) For the purposes of this section, the following terms shall have the meanings respectively
ascribed to them by this subsection: (1) DETOUR SIGN. Any sign placed across or on a public
road of the state by the state, the county or municipal authorities, or by their contractors,
indicating that such road is closed or partially closed, which sign also indicates the direction
of an alternate route to be followed to give access to certain points. (2) WARNING SIGN. A
sign indicating construction work in area. (3) BARRICADE. A barrier for obstructing the passage
of motor vehicle traffic. (4) FENCE. A barrier to prevent the intrusion of motor vehicle traffic.
(5) OFFICIALLY CLOSED. A highway or road that has been officially closed by a governmental
unit, the State Department of Transportation, a city or a county. (b) Any person who wilfully
destroys, knocks down, removes, defaces or alters...
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41-10-239
Section 41-10-239 Property rights not to be affected by article; sections imposing licensing
requirements, taxes, etc., are void if such requirements not otherwise imposed. It is the
intent of this article that it shall not restrict or impair the real, personal or mixed property
in which any individual person, industry, business, utility, industrial development board
or similar board or authority, public or private corporation or the Alabama State Port Authority
has any legal, equitable, absolute or conditional right, title or interest, whether by fee
simple, leasehold, easement, possession, contract, license, permit or any other form of ownership
or other rights thereto whatsoever or any existing or future rights of way required by the
State of Alabama Department of Transportation for the construction of Interstate Route I-210
and the construction of the new Cochrane Bridge and its roadway approaches and any future
connections to or between these two highway facilities. In the event...
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11-69-1
Section 11-69-1 Adoption and implementation of plan. (a) Any Class 7 or 8 municipality in this
state may adopt a rural scenic right-of-way plan for the development, improvement, and use
of right-of-way along municipal roads and streets and county roads within the corporate limits
and police jurisdiction of the municipality except right-of-way, highways, streets, or roads
that are under exclusive or concurrent jurisdiction of the Alabama Department of Transportation.
Pursuant to the plan, the municipality may designate right-of-way adjacent to a municipal
road or street or a county road to be developed, improved, and used for recreational or beautification
purposes. Any portion of a road designated shall continue for at least three miles in length
and may not at the time of designation have an average density of two or more commercial enterprises
that have an entrance or exit on the road per mile. The path of the right-of-way along a street
or road included in the plan may cross another...
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23-1-3
Section 23-1-3 Closing of public roads to traffic; acquisition of materials. The state, acting
through the State Department of Transportation and its duly authorized employees, and the
various counties of the state, acting through the county commissions and their duly authorized
employees, in the doing of public roads work shall have and exercise the right, power, and
authority, when deemed necessary or advisable to do so, to close public roads to traffic and,
when possible so to do, to make detour roads and to contract for such land as may be necessary
for such detour roads; also to acquire, by purchase, or by condemnation, land necessary for
drainage ditches and borrow pits, lime and stone quarries, clay and clay pits, sand and sand
pits and gravel and gravel pits, together with any and all other material of every character
that may be necessary or essential or desired in the construction and maintenance of highways
and bridges, and to tap and draw materials from the same to such...
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23-1-85
Section 23-1-85 Construction of electric transmission, telegraph, or telephone lines in right-of-way
of county highways. The right-of-way is granted to any person or corporation having the right
to construct electric transmission, telegraph, or telephone lines within this state to construct
them along the margin of the right-of-way of public highways, subject to the removal or change
by the county commission of the county, except in cases where the State Department of Transportation
has jurisdiction over such highway. (Code 1907, §5817; Code 1923, §1357; Acts 1927, No.
347, p. 348; Code 1940, T. 23, §48.)...
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